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HomeMy WebLinkAboutCOM 0240.003 2010-2012 Dan A. Cole P.O. Box 630 Keaau, Hawaii Telephone: (808) 966 -9229 Email: Cole Hawaii(ai3_ahoo.com TO: Hawaii County Council Members: 17 June 2011 Dominic Yagong Donald Ikeda J Yoshimoto Dennis "Fresh" Onishi Fred Blas Brittany Smart Brenda Ford Angel Pilago Pete Hoffmann COPY TO: S.E.C. [ ref:00D3JxQy.5003CXFRu:ref COPY TO: U.S. Attorney Florence Nakakuni, FAX: 808 -541 -2958 COPY TO: Hawaii State Governor Neil Abercrombie, FAX: 808 -586 -0006 SUBJECT: 'TESTIMONY IN COMMENT for Council's Special Session to override Mayor Kenoi's veto of the County's $367.3 million budget.; 18 U.S.C. §4 NOTIFICATION to an authority under the United States RE: 18 U.S.0 § 1344 Bank Fraud, 18 U.S.0 §1961 "racketeering activity "; Hawaii Revised Statutes, HRS §485A -501 General Fraud, et. al. CAVEAT: This TESTIMONY IN COMMENT and/or the documentation and language contained herein constitutes a person's fulfillment of their legal obligation under United States Code, 18 U.S.C. §4 Misprision of felony, where knowledge of the actual commission of a felony, Re: 18 U.S.C. §1344 Bank Fraud, 18 U.S.C. §371 Conspiracy to commit offense or to defraud United States re: I.R.S. Form 8038 -G Information Return for Tax- Exempt Government Obligations, et. al. , felonies cognizable by a court of the United States, is made known to the Sworn Members of the Hawaii County Council, an authority under the United States, thereby obligating the Councilmembers, jointly and severally, and subjects Councilmembers to punishment under 18 U.S.0 §2 Principals, 18 U.S.C. §3 Accessory after the fact, et. al., to knowing and knowingly acts and actions in pattern and history of violations of Federal RICO Act statutes and provisions. COMES NOW, Dan. A. Cole, in Testimony before the Hawaii County Council with the presentation and documentation attached hereto within Thirty- Eight, (38) pages, No. 2 0 .3 Ref. Tea Pr.NC 101Ct) Ref. Dote , UN 14 NU of the existence of two, TEN MILLION DOLLAR, County of Hawaii General Obligation Bond Anticipation Notes Series "A" and Series `B ", issued on March 2, 2011 by the County of Hawaii, IN WITNESS WHEREOF, THE COUNTY OF HAWAII, STATE OF HAWAII, by Hawaii County Mayor William P. Kenoi and Director of Finance, County of Hawaii Nancy E. Crawford, where aforesaid Physical Notes are held in custody for Bank of Hawaii at Bank of New York Mellon; One Wall Street - Third Floor Window A; New York, NY 10286. The County of Hawaii, by and through it's attorney Corporation Counsel Lincoln S.T. Ashida does state or identify that the "Authorizing Authority" for the March 2, 2011 issuance of Series "A" and Series `B" , Bond Anticipation Notes forming a $20 Million General Obligation of the County of Hawaii, as defined in the Master Issuance Certificate dated as of September 28, 2009, IN WITNESS WHEREOF the Hawaii County Director of Finance Nancy E. Crawford and where the foregoing certificate was thereby approved as to form and legality as of the 28 day of September, 2009 by County of Hawaii, Corporate Counsel Lincoln S.T. Ashida, the "Authorizing Authority" for the issuance of the March 2, 2011 Bond Anticipation Notes Series A and Series B was in fact, Bill No: 311 (Draft 3), Reference: C- 154.14fFC -188, Ord. No.: 11 -40 signed by Hawaii County Mayor William Kenoi on May 4, 2011 with an Effective date of May 4, 2011 two months after Kenoi authorized the issuance of the $20 Million worth of County Notes. THEREFORE: Mayor Kenoi and Finance Director Crawford caused the issuance of $20 Million in County of Hawaii General Obligations without the legal "Authorizing Authority" of the Hawaii County Council and therefore committed in conspiracy knowing and knowing acts and actions in violation of the Hawaii County Charter, Hawaii County Code, Hawaii Revised Statutes, United States Code, and U.S. Securities & Exchange Commission Rules to include but not limited to Hawaii County Charter, Chapter 6, Section 6 -6.3. Powers Duties and Functions (c); Hawaii Revised Statutes HRS §485A- 501 General Fraud (a)(2), HRS §485A -508 Criminal penalties (a)(3), HRS §705 -521 Scope of conspiratorial relationship, HRS §485A -103 reference to federal statutes, "Securities Act of 1933" Section 17, "Securities Exchange Act of 1934 "; United States Code 18 U.S.C. §1344 Bank fraud (1)(2), 18 U.S.C. §1961 Definition (1) "racketeering activity ", 18 U.S.C. §371 Conspiracy to commit offense or to defraud United States; U.S. Securities and Exchange Rule 10b -5; et. al. Mayor Kenoi states, as quoted in the Hawaii Tribune Herald, Friday, June 17, 2011, page A8, "...as the mayor and chief executive officer of the county of Hawaii, I have a legal responsibility to ensure that anything I sign or approve is legal according to the Constitution, the Hawaii County Charter, and the Hawaii County Code", "... as a lawyer myself who has a responsibility to ensure that any law that we pass, that I sign, has to abide by the County Charter and the County Code. ... " Dated: 17 June 2011, Hilo, Hawaii // Dan A. Cole A8 Friday June i 7, 2011 BAcK PAGE + ..- BUDGET From front page to adopt Kenoi's. proposed described Hoffmann's other budget as written. Thursday, : t Serious . question as to ` the criticisms as "either wrong Councilman Pete Hoffmann ` s ;; - - orjust plain irresponsible:' r _the budge ' _ pass-,0-4.',--: b s e chimed in, saying it was the � T ��� ��. "I don't believe-it's pro- mayor who failed to work council. 4 ductive to go back and forth with the council. uy man on this, If they. want to have . � ©MILL. bllli[slJ� � � k � � sx � The other council mem- __ _ , ry ,. an. public, fon= and bets either declined to = - ' . °" ° dialogue on this* , that would r t or could not be passed unanimously June 1 called Hoffmann to . ask be a great : idea. But. we reached. ` -- If the override fails or if no whetherlhe councilman had 'stand on our decisions;' "I'm extremely disap- such, session is scheduled,, first read Ashnda's op iuon. Ken sand.= pointed," Hoffmann said: '1 then the mayor's proposed Hoffmann said he.had not - "We look forward to had ho that the ina ,or, bud et becomes law an July `This' isn t_ a `polntscal I think w .' we v o IC' who speaks many, many 1. ssue It's: a� leg , -- r eside tm an h e f e ial issue . ' pub- times open d Y cooperation and Hoffmann doesn't think Beoans as thet t` and Iic lool�.atme .. ruo his efforts to do this and the budget. does anything , chief executive o cer bf looks at the f and looks that, on any number of sub- illegal. But. Corporation the county of Hawaii, I have nit t h e t that ' jects, but particularly the Counsel Lincoln Ashida, a legal responsibility to at t h e ed; , 'they will agree budget, and here we are in a memo to the admin- ensure that an _ Y� n g si that it's iiot only a balanced again where the mayor had istration, objected to the or approve is legal accord - an excellent opportunity, council's amendment that Mg t° the Constutitution, the a but °ne that protects just 'an outstanding oppor- "essentially mandated" the Hawaii County Charter, and our residents today and the tunity, to show cooperation mayor to find $5.8 million the Hawaii, County Code," future.' ! with the council. And he in savings.. Kenoi himself Kenoi said. "Unfortunate y; The mayor also hit at , chose not to do it" has called this an "unprec- the amendments that were what he called misleading Hoffmann contends that ' edented .accounting gim- forwarded to me" clearly statements over his budget- ` the council changed about mink." violate the charter and the balancing strategy of putting I $11 million of the mayor's 'There, is serious ques- . code. off paying $20.I" million proposed budget, or 3 per-, lion as to the integrity of "These amendments in } expenses until a cent. - the budget `passed' by the don't pass either constitu- future fiscal year. "If I were the mayor, if council," Ashida wrote. tional or legal muster. And While not due now the I were seeking ' that type Hoffmann said he "did as someone who — as a county needs to -make pay_ o f cooperation • which he not necessarily like the lawyer myself, who has ments- at some poin toward strives for, or he says he idea" of asking the mayor a res • • nsibili to ensure medical coverage for its does, anyway, ,I would to find the savings, but he 1. an aw . 1 at we sass, future retirees: have called a press confer- = saw no other option. 1' t si a,i_ to abi s - "False statements have ence and declared victory" voted in favor of that b the Coun Charter and ;" been put forward around Hoffmann said. "I would amendment in the past : e County Code. And these ' {the payment }, fl is that .. have thanked the council because *hen we made have signifi- it's a ma payni rnt i n . l m- • nn cectani .- ut degal amendments i ii .that ilia#is due. That is a vonun 97 �. ' - _ how to do it, the mayor dis- prevent me from approving a ent And i 1 a 97 percent of the budget. � �Y p yin x That's a pretty good record. agreed. So we said we need these amendments. re nt on a mortgage. I mean, instead, we're going to do it this way `Please' tell Kenoi said any comment pre Pay ' to resort to what .I can only the future us where; you want to take without a careful review of It's like you can pay it for ,' to reduce futu characterize as political the- the funds. So we left it up the legal and budget mes- the f and to but u ter” to him. He didn't like the, sage is "clearly don't have to irrespon- ' a pay s you " Kenoi T override Kenoi's veto, suggestions we ` made the sible and lacks good judg- F Y t, the council will need to previous two years. Now meat" - said. `To ; say tltat`it's a bill schedule ; a special session we did it in this manner. So, "To make good deci- that were not paying is both a d muster a supermajority you know, come on." sions you have to have good false and misleading." in favor of keeping the bud- Asked. respond to infon nation, and that's just Email Peter Sur at psur@ get amendments the cou c l #here cti a s, Key e ta . K ' irr-- i d He cu herald nom. . i UNITED STATES OF AMERICA STATE OF HAWAII COUNTY OF HAWAII GENERAL OBLIGATION BOND AIIITIaRATION NOTE, SERIES Et ` NO. RI - - 1 tITZ EsT - DATED MATURITY cum RATE: DATE: DATE: 1RR L22% Mach 2,20# 1 September 2, 201I 41969CAE6 • IFW.G fSTIIRED HOLDER DANK OF HAWAII - PEAL SUM: WI MILLION DOLLARS THE COUNTY OF HAWAII, State of Ham& (haeinaller called the "County's), value +b to pay m the Registered i for on the above Maturity Date Wass this note shall be sabject as l moo and shall have theretofore been duty caged for prior maniples and payment afUm redemption rice - duly made or peovided for), the above Pan' Sum together with inkiest at the above basest . Rate per annum. Such paymer t shall be made to the Rid Bolder hereof it whose alma this Note is nod ,ice the 3 Register as of dose ab on the t ((10 day (whether or not a business day) the Al ammats due hereunder ski be payable in any coin or cunency aide Used Sees of America which at: the time alma= is legal tender for public and paivate debts. Payment of such amounts shall be made by cheek or loknd daft mailed or by wire sat to the tegistered Holder of such Beud at such ms's add or account as it appears as the Bond Register or otherwise as agoeed upon by the County and such Holds Upon the asap ofsach payment, the Rid Holier shag be eta sureendar the Bond for cancellation at the office ofthe Director affluence ofthe Cody, is Hilo, Hayek as Paying Agent This Note is one ofthe Camay's Gami Obligeson Baud Anircipation Notes arhaized issued past to and in MI compliant a with the Can and lava of the Stale of Fhwait including Past 1 of Cbapta 47, Reid Statutes, as amended, the Charter of the County, procealings of-the fnty day tams thereunder, and the Calfficate tithe Director of Finance a of the County providsng for the issuance and sale of the Notes and fixing the Atm and details thereof (the `der Lie Cam'). Ills New is subject in all Betts to to provisions ofthe Master Usual= + cate (*copy ofvdith is ost Me at the office ofthe Director oaf final= ofthe Cam) and all certificates ample ta mai& ,w;krenee is mule for _ i provisions regarding the rights of the Holders, the nature and extent of security and provisions for payment of the Notes, of the rim, dries and immunities of the County and its Director of Fmance, as Registrar and Paying Agent By acceplarnce hereof the Holder. of t]is Note asses and agrees to all such provisions. This Note is a general obi of the County, and the interest and principal payments hereof are a first charge on the general fund of such County. The full faith and eredit of the County are irrevocably pledged to the punctual payment of the principal of and interest on this Note according to its terms. This Not may be transfers in whole but not in part, the Note Register by the Registered Holder herein in person or by y � mod in writing, at the aforementioned office of the Director of lrn nee of the County, as Registrar, only in the manner, subject to the limitations and upon payment of the 3 proceedings authorizing if may. provided in the e prce i orizing this Note, and upott the surrender hereof to the R for cancellation, cad together with a written of in f to the Registrar duly executed by the Registered Holder ar the Registered Hg's duly which may be the form endorsed hereon. Upon such transfer a new ��' principal amount, issue, interest rate and maturity as the Note smouldered, will be issued to the . transferee in exchange herefor. The County and its Director of F*nee or such Director's designee, as Paying Agent and Registrar, may treat the person in whose name this Note is registered on the Note Register kept pursuant to the proceedings authorizing this Note as the absolute owner of this Note for all Agent P including payment, payment and neither the County nor its Director of as Paying Registrar, shall be affected by any notice to the contrary. It is hereby certified, recited and declared that all cam, acts and things essential to the validity of this Note and the series of which it is a part exist, have happened and have been done; that every requirement of law affecting the issuance thereof has been duly cones wide indebtedness and that the amount of this Note and the series of which it forms a part, together with all other of the County of Hawaii, is not in access of any tutiostatutory nal or s limitation on indebtedness. - IN WITNESS WHEREOF, THE COUNTY OF HAWAII, STATE OF HAWAII, has caused this Note to be signed by the manual of its Director of Finance, to bear the facsimile signature of its Mayor, to be impressed with its seal or to bear a facsimile of its seal, • and this Note to be dated as of the date stated above_ , <::- Ei- : 2 U a:LP – C3t._.— ' 71. ,* , ` Mayor, County of Hawaii • • ,.. E _i i ‘::,.,. .. . .. .--;: . , , , ,--,...,,,,- I 2 Information Robust for Tax-Exempt Government a Obligations Under Inesertel Revessue Code section *ON Mn 1645-0720 Mew. May 2010) See separate insiractions. Oiwanonat of sreasixy Caudoec KM& Issue price is tinder $100000, use Form ause-GC. won* Firannatenloa Part 1 Reporting Authority it Amended Return, check here 10 0 1 issue's name a Manes wawkwarldwallenionwmawr fatil County of Hawaii 99 6000567 3 Number and sheet (or P.O. bocci( mail is not deemed to street address) Roue/suite 4 Report lumber (For tftS Use Only) 25 Aupuni Street 13 rE.C; 5 City. town. or post °face. state. and ZIP code 6 Owe of Issue Hilo, Hawaii 96720 March 2, 2011 7 Name of issue 8 CLEW number General Obhgation Bond Antkipation Notes, Series El 41969CAE6 6 Name and NW of dicer of the inner or other pawn whom the IRS may call kw mole inkinialion 10 Telephone number of officer cr other person Na Crawford. Director of Finance _ ( 808 ) 961-8517 Part 11 Type of Issue (enter the issue price) See instructions and aftach schedule 11 Education . 11 12 Health and hospital 12 13 Transportation. 13 14 Pubic safety . , 14 15 Environment (including sewage bonds). 15 18 Housing. . 18 17 Utilities . . 17 18 Other. Descrbe 9 general governmental Pianos capital PreiecIs 18 _ 50,000,000 00* 19 If obligations e TANs or RANs. check only box 19a OP- 0 If obigations are BANs, cited( only box 19b IP- la 20 11 Obitafj011S Ifre in the form of a lease or instaiknent sale check box Part 11! Description of Obligations. Complete for the entire issue for which this form is being Ned. 4a) Final meta* date (114 Issue Ow fa) Stated mine ets= fee MeV tied average mate* te) Yield 21 March 2,2841 59,000.000* _ $ 50,000,000* _ yeas VR % P art 1V Uses of Proceeds of Bond Issue (ncheling undenrufters* discount) 22 Proceeds used for accrued interest 22 0 00 23 Issue price of entire issue (enter amount horn hie 21, oakum (b)) 23 50,800.800 00* 24 Proceeds used for bond issuance costs encluthig underwriters' discount) . 24 0 00 25 Proceeds used for credit enhancement 25 0 00 26 Proceeds allocated reasonably required reserve or replacement fund. . 26 0 OD 27 Proceeds used to amenity refund prior issues 27 0 CC 28 Proceeds used to advance refund prior issues 28 0 00 29 Total (add Ines 24 through 28) ,29 0 00 30. Nonlefunftinn proceeds of the issue (subhact Ins 29 from fine 23 and enter amour* here) _ 30 _ 80,890,000 P of Refundeld Bonds (Complete this part cagy for renintang bonds.) 31 Enter the remaining weighted average inaherly of the bonds to be currently refunded . _ 9 • years 32 Enter the remaining weighted average maturity 01 9* bonds to be advance refunded. . 9 years 33 Enter the last date on which the refunded bonds will be called (MM/DDIVYYY) 9 34 Enter the date(s) the refunded bends were issued 10 01A For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. cu. No. forms Fene 8038-0 (Rev. *Maximum authorized principal amount. **See Attacinnent. Form 8038.6 (Rev. 5-20104 Page 2 Part VI Miscellaneous 35 Enter the amount_ of the state vcitnne cap allocated to the issue under sea ton 141 . . . 35 0 00 36a Enter the amount of gross proceeds invested or to be unrested hi a guaranteed investment contract =-4 (GIC) (see instructions) 36a 0 00 b Enter the final maturely date of the GIC ► - 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to otter ~ _ =- gover units , 37a b If this issue is a loan made from the proceeds of another tax - exempt issue, check box • ❑ and enter the name of the issuer ► and the date of the issue ► l000nsent _ 38 if the Isaac has designated the issue under spawn 265(b)(3)03)(408) (small ism ercceptkm), beck box . . . - lo. ❑ 39 If the penalty arb t Suer has elected to pay a palty in lieu of rage rebate, check box • 0 40 1f the issuer has Fred a hedge, cheat box . 10- 0 u m tinder penalties of pear/. 1 deniers that I have examined des newts and acsarp ,argiag schedules and statements. and to e best of my imowiedge Signature and be they me true correct. and complete. 1 furtherdedare drat 1 the e StS's disdoaa d she e issuers return intimation. as necessary and to phis return. person . 1 have authorized above. I r: ism .. Nancy Crawford, Director of Finance S i g n a t u r e or authorized .. • - - Date 3 — T 'Gyps or print n ne and tide Dace aperer's SSN or MIN P �. signature 312111 ! ❑ 1 P01007890 Prepares 11110 I eta 99 ; 0080339 Use Only it for , cxi on Mier Mac Kinnon U P adJeees. ard� r McC 5 Waterfront Plaza, 4th floor, 500 Ala Moans Bind. I phone no. ( 8081 529 -7300 Honolulu, Hawaii 96813 Form 8038 -G (clay saotol • • . OFFICE OF THE COUNTY CLERK County of Hawaii - ` ' =_ --- _ - R' Havvai`i ..,_ - - = i=n! Fill? g figt '?9 fi Introduced By Pete Hoffmann ROLL CA i, Vf ` Date Imo: November 4, 2010 � = - • First Reading: November 4 , 2010 f - .ABS Published: November 13, 2010 .Feed X _ -G x REMARKS. Passed 2" & Final Rag. - 11/17/10; - How X notion to 'recxassiderr Passed & p Ikeda X pending public bearing -11 /30'/10; Public - $ hearing - April 5, 2011; Anend d to Dr- 2 &held _ CWdl - -X over pursuant to council Bale 24(e3- 4!6/11 Went" g X Y -X Seed Reading: - _ iApril 20, 2011 - 5 _ 3 1 0 To Mayor: April 29, 2011 (Draft 3) R May 5, 2011 - ROLL CALL VOTE i - May 4, 2011 - AYES NOES ABS EX . Published: May 28., 2011 • Blas _ X Fad X REMARKS: • Hoffmann - X - - Ida X cam - g - - P X ' - Seat - X Yag ng X Waite' at) ' - X • _ . - -7 2- 0 0 • -I DO HEREBY CBRTIFYthat the foregoing BILL was adopted by the County Council published as - incated above_ -- - APPROVED AS TO - - (1 - FORM AND LEGALITY: DEPUTY TION COUNSEL k f ;, . ~ - . COUNTY OF WAJ1 - y rf� r+ t : . . Date o ote 311 (Draft 31 (2008 -2010) 4.. C 154.14/FC -188 , ao li- y cturnrt li s MAYOR, COUlVTYOFHAWAI`I T " OII - Dan A. Cole P.O.Box630 RECEIVED Keaau, Hawaii 96749 Telephone: (808) 966 1F 2 tRiN 9 PI 1 48 Email: Cole HErwaii@yaboo.com OFFICE OF THE MAYOR COUNTY OF HAWAII BY 9 June 2011 TO: William `Billy" Kenoi BYO „ . :, . Mayor County of Hawaii • State of Hawaii SUBJECT: 24 Hour NOTICE to product _correct "Authorizing Authority" for-the issuance of the County of Hawaii, March 2, 2011- $10M General Obligation Bond Anticipation Notes, Series "A" and Series "B". • Aloha Mayor Kenoi, On March 2, 2011 you, Mayor Kenoi, IN WITNESS WHEREOF, THE COUNTY OF HAWAII, STATE OF HAWAII, wed the issuance of a TEN MILLION DOLLAR general obligation of the County of Hawaii identified as a General Obligation Bond Anticipation Note, Series "B", (BAN `B") The Hawaii County Corporation Counsel Lincoln S.T. Ashida has identified that the "Authorizing Authority" for the issuance of the March 2, 2011 BAN "B" Note was Hawaii County Bill No.: 311 (Draft 3), Reference: C- 154.14/FC -188, Ordnance No.: 11- 40, signed by yourself, Mayor Kenoi, on May 4, 2011 with an Effective Date of May 4, 2011. In addition Mr. Ashida identified a Feb. 28, 2011, PURCHASE CONFIRMATION from Bank of Hawaii for a $10M BAN "A" to also be issued on March 2, 2011. Therefore it would appear that Corporation Counsel Ashida provided me with the incorrect "Authorizing Authority" for the issuance of the $10M BAN's "A" and `B" that you authorized to be issued on March 2, 2011. If the "Authorizing Authority" was in fact Ordnance No.: 11-40, Bill No.: 311 ( Draft 3) then by your signature on the BAN `B" Note you wo = ' have committed knowing and knowingly violations of Hawaii Revised Stes 'IRS 85A -S01 General Fraud along with a plethora of violations of State of Haaau,T,. RICO Act, S.E.C., I.R.S., et al, rules, laws and statutes. efpre I request that you provide me, within 24 hours of receipt of this request; -- 'the% rt" ' Auk upon which you, Mayor Kenoi, causes to be issued w Series "A . f Series `B" General Obligation Bond Anticipation Notes of flue County of u,te t f Hawaii, of United States of America O. FILE A. Cole C 0 py k .. TO: Ms. Nancy E. Crawford 7 June 2011 Director of Finance County of Hawaii RECEIVED State of Hawaii JUN - 7 2011 4:6101 FROM: Dan A. Cole P.O. Box 630 of o cart cot�mroFtuwviut Keaau, Hawaii 96749 .ee- Telephone: 966 -9229 • ;iL c - SUBJECT: Uniform Information Practices Act, UIPA, Clarification of records received as a result of my 5 May 2011 UIPA Request for access to government records. Dear Director Crawford, • 1. On 5 May 2011, I requested a copy of all Hawaii County NOTICE OF OFFER and any other documentation surrounding the County's offering/issuing of Bond Anticipation Notes, BAN's in any and all Series for the period 1 January, 2011 to the present date. (a) I received a copy of a March 2, 2011 COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIAPTION NOTE, SERIES B., CUISP Number: 41969CAE6 that was purchased by the Bank of Hawaii for $10 million dollars. I did not receive a copy of, and THEREFORE I request a copy of: (1) NOTICE OF OFFER, sent to the Bank of Hawaii for the March 2, 2011 BAN Series "B" (2) PURCHASE CONFIRMATION, sent from the Bank of Hawaii to the County of Hawaii for the March 2, 2011 BAN Series "B" (3) INTEREST RATE CONFIRMATION, sent from the Bank of Hawaii to the County of Hawaii for the March 2, 2011 BAN Series "B" (4) A copy of the proper books of record and accounts containing complete and correct entries of all transactions relating to the receipt, investment, disbursement, allocation and application of the proceeds of the Series B Notes, as stated in, and required by, the TAX CERr1FICATE OF COUNTY OF HAWAII, Pertaining to, COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES SERIES B, as signed by the Director of Finance, County of Hawaii, Nancy E. Crawford, with the date of the Certificate identified as March 2, 2011. FILE Co Plf 2. On 5 May, 2011 I requested a copy of the Hawaii County Council's authorization upon which any and all Bond Anticipation Notes were offered or issued for the period 1 January, 2011 to the present date. (a) In response to this requested item the Corporation Counsel for the County of Hawaii Lincoln S.T. Ashida sent me a copy of County of Hawaii, State of Hawaii BILL No. 311 (Draft 3). In so far as Bill No: 311 (Draft 3) was signed into Ordnance No.: 11-40 by Mayor Kenoi on May 4, 2001, with an Effective Date: May 4, 2011, this could not have been the "Authorizing Ordnance" upon which the March 2, 2011 TEN MILLION DOLLAR Bond Anticipation Note, CUISP Number 41969CAE6 was sold to the Bank of Hawaii as "IN WITNESS WHEREOF, THE COUNTY OF HAWAII, STATE OF HAWAII" by Mayor, County of Hawaii William P. Kenoi and Director of Finance, County of Hawaii, Nancy E Crawford. THEREFORE I Request a copy of: (1) The "Authorizing Ordnance" as specified in the "Master Issuance Certificate", ARTICLE II, authority for Issuance; section 201. Authority for issuance; Purpose of Issue. (a). the issuance of the Notes has been duly authorized, or will be duly authorized at the time of issuance for the March 2, 2011 $10 Million dollar Bond Anticipation Note Series B. (2) TAX CERTWICATE OF COUNTY OF HAWAII Pertaining to COUNTY OF HAWAII, GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A to be issued on March 2, 2011. (3) A copy of the Internal revenue Service, (I.R.S.) Form 8038 -G Information return for tan- Exempt government Obligations, for the March 2, 2011 Series A County of Hawaii Bond Anticipation Notes. Thank you for your attention in this request. Since ly, Dan A. Cole Cc: Hawaii County Corporate Counsel Lincoln S.T. Ashida. Office of Information Practices, (OIP), Director Park. Attached: 5 May 2011 UIPA Request from Dan A. Cole • TO: Ms. Nancy E. Crawford 5 May 2011 Director of Finance County of Hawaii D1 OF FINANCa State of Hawaii NE FROM: Dan A. Cole COT"( P.O. Box 630 • ACT1021 Keaati, Ilavvaii 96749 Telephone: 966-9229 : • • SUBJECT: Uniform Information Practices Act, UIPA, Request for access to government records. Dear Director Crawford, 1. I request a copy of all Hawaii County-NOTICE. OF OFFER and any other documentation surrounding the County's offering/issuing of Bond Anticipation Notes, • BAN's in any and all Series for the period 1 January, 201110 the present date. 2. I request a copy of the Hawaii County Council's authorization upon which any and all Bond Anticipation Notes were offered or issued for the period 1 January, 2011 to • - . • - - the ptesent date. Thank you for your attention in this request. Sincerely, dee Dan A. Cole • • 4 1 • 1 • - Dan A. Cole P.O Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 Email: Col:, Havaiitcval,00.com TO: U.S. Securities and Exchange Commission June 16, 2011 Attn: [ ref :00D3JxQy.5003CXFRu:ref Re; SEC Rule 10b -5 Violations FAX: 202 - 772 -9293 TO: Florence Nakakuni U.S. Attorney, District of Hawaii RE: 18 U.S.C. § 1344 Bank Fraud FAX: 808 -541 -2958 TO: Neil Abercrombie Governor, State of Hawaii RE: Violations of Hawaii Blue Sky Securities Laws, RICO influence over the State Office of Information Practices. FAX: 808 -586 -006 TO: Cheryl Kakazu Park Director, State of Hawaii Office of Information Practices. FAX: 808 -586 -1412 SUBJECT: Evidence of Securities Fraud and violations of Federal RICO Laws. Aloha, The attached sixteen, (16), pages speak for themselves and identify knowing and knowingly violations of a plethora County, State, and Federal statutes, I.R.S., S.E.C. and RICO Act violations surrounding the County of Hawaii issuance of unauthorized multi- million dollar Bond Anticipation Notes. It appears from information I have received that this has been going on for a period of time and may be related to money laundering of organized drug and crime monies associated with the Hawaii County Police Department, Hawaii County Prosecuting Attorney's Office, U.S. Attorney's Office Hawaii District, et.al., in reference the Hawaii Asset Protection Act 182 and/or numerous Hawaii Tax - Free Trust's controlled by the Bank of Hawaii. Please notice how easy it would have been for the Hawaii County Mayor William "Billy" Kenoi or Hawaii County Finance Director Nancy Crawford to provide a legal "Authorizing Authority" for their signatures on the March 2, 2011 Ten Million Dollar County of Hawaii Bond Anticipation Note Series `B ", if such a legal authorization existed. As can be seen by my track record Mayor Kenoi and County Finance Director Crawford knew and know that I will pursue to expose the perceived organized government corruption and racketeering activity indicated by their silence in this matter. It appears that I was provided "Smoking Gun" evidence showing Hawaii County Mayor Kenoi, et. al, in knowing and knowingly violations of 18 U.S.C. § 1344 Bank Fraud, and Hawaii Revised Statutes HRS §485A- 501(a)(2) General Fraud , along with violations of a plethora of other County, State and Federal statutes. Hawaii County Corporate Counsel Lincoln S.T. Ashida apparently provided me a copy of the March 2, 2011 BAN Series `B" to expose criminal activities by Mayor Kenoi as a result of a personnel dispute between Counsel Ashida and Mayor Kenoi, where Mayor Kenoi refused to appoint, or facilitate, Corp. Counsel Ashida to the vacant position of Hawaii County Prosecuting Attorney. It has been well known that Lincoln Ashida wanted that position. The documentation I was provided by Counsel Ashida may have been a retaliatory act against Mayor Kenoi, et. al. . I have included some documentation from the Hawaii State Office of Inform ation Practices. It is very apparent the Ms. Linden H. Joesting is, or will be, destroying documentation that documents a long history of the Office of Information Practices and it's staff, to include Ms. Joesting, as principles and accessories after the act to numerous violations of State and Federal statutes to include racketeering activity in violation of the federal RICO Act in support of a "Local" RICO Enterprise. Please review the lack of actions of various officials, and possible members of a RICO Enterprise organized and controlled by the belief or adherence to "Local" Japanese Cultural, Ethnic and/or Traditional Norms where County, State, and Federal officials having been presented actual knowledge in accordance with and required by 18 U.S.C. §4 Misprision of felony, of felonies cognizable by a court of the United States, where such officials and authorities under the United States include but not limited to the following officials and their staffs, U.S. Attorney Florence T. Nakakuni, former U.S. Attorney Edward Kubo, U.S. District Judge J Michael Seabright, F.B.I. Supervising Special Agent SSA Glorioso, former OIP Directors Paul Tsukiyama and Cathy Takase, Hawaii County Mayor William Kenoi, former Hawaii County Mayor Kim, Hawaii County Prosecuting Attorney Charlene lboshi, former Hawaii County Prosecuting Attorney Jay Kimura, Hawaii County Police Chief Harry Kubojiri, former Hawaii County Police Chief Lawrence Mahuna, Hawaii County Police Major Marshall Kanehailua and his brother Lt. Kanehailua, Hawaii County Corporate Counsel Lincoln S.T. Ashida and County Treasure Michael Okumoto, along with the Judges and Court Staff of the 3rd Circuit Court of the State of Hawaii as to their belief and adherence to Japanese Cultural, Ethnic, and Traditional Norms that appear to influence and control their actions in opposition to their Sworn Oath of Office where the "Local" Japanese Cultural, Ethnic, and Traditional norms and allegiances supersede their Sworn Oath of Office to the State and Federal Constitutions. " ..Z Aloha, IL.. _ C Dan A. Cole 7 Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 L!I JUN - 6 PH 2: 07 Telephone: (808) 966 -9229 HAWAII POLICE Email: Cole Hawaii(ayahoo.com TO: U.S. Securities and Exchange Commission 6 June 2011 Attn: [ ref 00D3JxQy.5003CXFRu:ref Re: SEC Rule 10b-5 Violations FAX: 202- 772 -9293 TO Internal Revenue Service Fresno, CA 93888 Attn: Tax Fraud Division TO: Neil Abercrombie Governor, State of Hawaii Re: 15 Feb 2011 Request for State Attorney's General investigation into organized government corruption and racketeering activities in the County of Hawaii, and violations of Hawaii Blue Sky Securities Laws. FAX: 808 -586 -0006, Telephone: 808 -586 -0034 TO: Harry S. Kubojiri Chief of Police County of Hawaii RE: Reporting of violations of Hawaii Revised Statutes HRS §485A- 501(a)(2) General Fraud; HRS §485- 508(aX3) Criminal penalties; HRS §705 -521 Scope of conspiratorial relationship; HRS §485A -103 Reference to Federal Statutes Re: Securities Act of 1933, Sec. 17.(aX2), 15 U.S.0 77a et. seq., et. aL; United States Code TIME 18> PART I > CHAPTER 63> §1344, 18 U.S.C. Bank fraud.; 18 U.S.C. §1961 of the Federal RICO Act; et. aL TO: Dominic Yagong Chair, Hawaii County Council Copy To: Ms. Mary Sellers, (without attachments) Chief Risk Officer, Bank of Hawaii FAX: 808 -538 -4007, Telephone: 888 -643 -3888 The attached documentation identifies, and is evidence ot a March 2, 2011 Hawaii County Mayor William `Billy" Kenoi's conspiracy with Hawaii County Finance Director Nancy E. Crawford, et. aL, to issue a TEN MILLION DOLLAR Series "B" General Obligation Bond Anticipation Note, CUSIP Number: 41969CAE6 and it's accompanying LR.S. Form 8038 -G Information Return for Tax - Exempt Governmental r - = FILE COPY Obligation, Dated March 2, 2011 without the "Authorizing Ordinances" as defined in ARTICLE II, Section 201. Authority for Issuance; Purpose of Issue. of the "Master Issuance Certificate" for the issuance and sale of General Obligation Bond Anticipation Notes of the County of Hawaii. NOTE: Mayor Kenoi and Finance Director Crawford; as witnessed by their signatures affixed thereto, sold to Bank of Hawaii a TEN MILLION DOLLAR, Series "B" General Obligation Bond Anticipation Note of the County of Hawaii, Dated: March 2, 2011. CUSIP Number: 41969CAE6. The Hawaii County's "Authorizing Ordinance", Ord. No.: 1140, Reference: C- 154.14/FC -188, Bill No: 311 (Draft 3) , that authorized the sale of the aforementioned Bond Anticipation Note was signed by Hawaii County Mayor William `Billy" Kenoi with an Effective Date: May 4, 2011, two, (2), months after the March 2, 2011 date Mayor Kenoi, as witnessed by his signature, authorized the TEN MILLION DOLLAR Bond Anticipation Note Series `B" to be issued to Bank of Hawaii. The County of Hawaii on February 24, 2011 sent to the Bank of Hawaii a NOTICE OF OFFER for the purchase of General Obligation Bond Anticipation Notes Series "A", with a March 2, 2011 Date of Issue. On February 28, 2011 the Bank of Hawaii sent to the County of Hawaii a PURCHASE CONFIRMATION for County of Hawaii General Obligation Bond Anticipation Notes Series "A" , with the Principal Amount being $10,000,000 with a March 2, 2011 Date of Issue, as authorized by the Master Issuance Certificate of the County of Hawaii. On February 28, 2011 the Bank of Hawaii sent to the County of Hawaii a INTEREST RATE CONFIRMATION, for the purchase of COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES "A ", where: Bank of Hawaii (the "Participating Institution") has agreed to purchase from the County of Hawaii (the "County ") a Note (or Notes) ofthe above series, for delivery on March 2, 2011, upon the terms set forth in the Certificate of the Director of Finance of the County, dated as of September 28, 2009, providingfor the issuance and sale of such Notes (the "Master Issuance Certificate'). Pursuant to the Master Issuance Certificate, the interest rate on the Note(s) has been determined as ofthe date hereof as follows: The attached documentation and the language contained therein speaks for itself in identification of a pattern and history of violations of United States Code 18 U.S.C. § 1344 (relating to financial institution fraud) occurring within a period of ten, (10), years and therefore defines a violation of the Racketeer Influence and Corrupt Organizations Act (commonly referred as RICO Act or RICO) as described in 18 U.S.C. § 1961 Definition (1) "racketeering activity". The RICO At is a United States federal law that provides for extended penalties for criminal acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970, Pub. L. No. 91- 452, 84 Stat. 922 (15 October 1970). RICO is codified as chapter 96 of Title 18 of the United States Code, 18 U.S.C_ §1961 through 18 U.S.C. §1968. The submitting of this document to the addressed civil authorities under the United States of knowledge of the actual commission of a felony cognizable by a court of the United States is identified to be a fulfillment of a person's obligation in accordance with United States Code, TITLE 18 > PART 1 > CHAPTER 1 > §4, 18 U.S.C. §4 Misprision of felony. Dated: 6 June 2011, ITilo, Hawaii "Sot/ 1 � Dan A. Cole Fifty- Seven, (57), pages attached. COUNTY OF HAWAII GENERAL OBLIGATION BONll SERIES ANTICIPATION NOTES, NOTICE OF OFFER February 24, 20l 1 Via E-Mail to steve.rodcers @boh.com, confirmed by first class mail To: Bank of Hawaii P.O. Box 3170 Honolulu, HI 96802 Attention: Steve Rodgers, Fixed Income Manager, Asset Management Group The County of Hawaii (the "County") hereby notifies you of its intention to issue 1 1000. a Note or Notes of the above series, and hereby offers the same to Bank of Hawaii (the "Participating Institution"), upon the terns set forth in the Certificate of the Finance of the County, dated as of Septembe 28, 2009, n u a nc e d sale of such Notes (the "Master Issuance Certificate") ' providing for the issuance and and as further as set forth below: Principal Amount Date of issue Maturity Date Acceptance Date $10,000,000 March 2, 2011 September 2, 2011 February 28, 2011 Pursuant to the Master Issuance Certificate, the Note or Notes will bear interest at maturity, at a rate which equal to the Municipal Market Data ' payable for tax- exempt obligations of the same or next closest m D he by 3 h and Buyer, plus a spread of 90 basis points, determined as of A Polished 6e s he Bed above based on the applicable MMD rate published as of the � o n t he immediately preceding Rosiness Day (as defined in the Master Issuance Certificate). The foregoing offer is subject to acceptance by the Panics whole but not in part except.as provided below, on the Acceptance Date specified Participating Institution, above. e �� will At the election of the Participating Institution, the ebve_ in the full Principal Amount specified eztleF a single Note Iess than $100,000, as specified above, or multiple Notes in denominations of not aggregate to the Principal by the Participating Institution, and equal in the pal Amount specified above. Notwi� the foregoing, the County reserves the right to offer the Note or Notes to other potential investors and either to issue . and sell the entire Principal Amount to a single investor or to allocate such Principal Amount (in minimum denominations of $100,000) among two or more investors in such manne as it deems offer the Panics apfn�rxiate.. By its acceptance of the foregoing oound pating Institution shall be deemed to have consented to and agreed to be by any such offer and allocation The County hereby reserves the right, at its sole election, to refimd the maturing principal of the Note or Notes offered hereunder through the issuance and sale to the Participating Institution of a Renewal Note or Notes, and to further refimd through the issuance and sale to the Participating p � Institution of successive Refunding Notes from time to time, subject in each case: (i) to the maturity limitations set forth in Section 301(c) of the Master Issuance Certificate; (ii) to the provisions set forth below regarding certain Material Events; and (iii) to the further condition that the term of each New Note and all successive Renewal Notes issued to refund the same as to principal, in the aggregate, shall not exceed two (2) years and that the interest on each Note to be refunded as to principal shall be paid in full as of the maturity date thereof The offer of the Note(s) hereunder is subject to the Participating Institution's agreement subject to the foregoing conditions, to be bound by any such election and to accept and pay for the Renewal Note or Notes issued to the Participating Institution pursuant to such election at a purchase price equal to 100% of the principal thereof. If a Material Event (as defined below) has occurred and remains in effect, the Participating Institution shall give written notice of such occurrence to the County and the Participating Institution's obligation to accept and pay for the Replacement Note or Notes in question shall be subject to determination, by mutual agreement between the County and the Participating Institution, of an alternative interest rate (i.e., other than the rate .based on the formula specified above) to be applicable during the ensuing term of such Renewal Note or Notes after taking into account the effect of the Material Event under then current market conditions. For purposes of the foregoing, the term "Material Event" shall mean (a) the occurrence of either a reduction or withdrawal of the County's long term credit rating by Standard & Poor's Ratings Group (or placement of the County on credit watch with negative implications) or a material disruption of the short term tax - exempt credit markets, if (b) as a result of such occurrence, the Participating Institution determines, in its reasonable judgment, that the interest rate based on the formula specified above varies materially from the rate that would otherwise be applicable to obligations comparable to the Notes under then current market conditions. If the Participating Institution accepts the foregoing offer and agrees to purchase the Note or Notes, please confirm the same by transmitting a Purchase Confirmation for such Note or Notes to the County via facsimile or e confirmed in writing via first class mail, in the form attached as Exhibit C to the Master Issuance Certificate. • COUNTY OF HAWAII By: uj Name: high rs! Otgm a Title: Trdwsrcrt,r 2 1 l 3 COUNTY OF HAWAII GENERAL OBLIGATION BOND AANTICIPATION NOTES, SERIES A PURCHASE CONFIRMATION February 28, 2011 Via E-Mail to makunwtotblco.hawaii.hi.us, confirmed by first lass mail To: County of Hawaii Treasury Division 25 Aupuni St; Suite 1102 Hilo, Hawaii 96720 Attention: Mlchael Okamoto, Treasurer Bank of Hawaii (the "Participating Institution") hereby acknowledges receipt from the County of Hawaii (the "County") of a Notice of Offer pursuant to which the County has offered to sell to the Participating Institution a Note or Notes of the above series upon the teens set forth in the Certificate of the Director of Finance of the County, dated as of September 28, 2009, providing for the issuance and sale of such Notes (the "Master Issuance Certificate") and as further as set forth below: Principal Amount Date of Issue Maturity Date $ 10,000 , 000 March 2, 2011 September 2, 2011 Pursuant to the Master Issuance Certificate, the Note or Notes will bear interest,- payable at maturity, at a rate equal to the Municipal Market Data (MMD) Short Tenn Rate for tax - exempt obligations of the same or neat closest maturity, as published by the Bond Buyer, plus a spread of 90 basis points, determined as of the Acceptance tance Date specified in the Notice of Offer based on the applicable MMD rate published as of the close of business on the immediately preceding Business Day (as defined in the Master Issuance . Certificate). The Participating Institution hereby accepts the foregoing offer and agrees to purchase the above Note in the full Principal Amount specified above. The Participating Institution hereby instructs the County to register the Note as set forth in Schedule I attached hereto. Notwithstanding the foregoing the County reserves the right to offer the Note or Notes to other potential investors and either to issue and sell the entire Principal Amount to a single investor or to allocate such Principal Amount (m minimum moons of among o or more investors in such manner as it deems appropriate_ The • Participating Institution hereby expressly consents to and agrees to be bound by any such offer and allocation. The Participating Institution hereby acknowledges that the County has reserved the right, at its sole election, to refund the maturing principal of the above Note or Notes through the issuance and sale to the Participating Institution of a Renewal Note or Notes, and to further refund such principal through the issuance and sale to the Participating Institution of successive Refunding Notes from time to time, subject in each case: (i) to the maturity limitations set forth in Section 301(c) of the Master Issuance Certificate; (ii) to the provisions set forth below regarding certain Material Events; and (iii) to the further condition that the tenor of each New Note and all successive Renewal Notes issued to refund the same as to principal, in the aggregate, shall not exceed two (2) years and that the interest on each Note to be refunded as to principal shall be paid in full as of the maturity date thereof. Unless otherwise directed in writing by the Participating Institution, the County will issue each such Renewal Note in the same denomination and in the name of the same registered owner as the previously issued Note to be refunded as to principal by such Renewal Note. Subject to the foregoing conditions, the Participating Institution hereby agrees to be bound by any such election to issue Renewal Notes to the Participating Institution and to accept and pay for the same at a purchase price equal to 100% of the principal amount thereof If a Material Event (as defined Wow) has occxured and remains in effect, the Participating Institution shall give written notice of such occurrence to the County and the Participating institution's obligation to accept and pay for the Renewal Note or Notes in question shall be subject to determination, by mutual agreement between the County and the Participating Institution, of an alternative interest rate (i.e., other than the rate based on the formula specified above) to be applicable during the ensuing term of such Renewal Note or Notes after taking into account the effect of the Material Event under then current market conditions. For purposes of the foregoing, the term "Material Event" shall mean (a) the occurrence of either a reduction or withdrawal of the County's long term credit rating by Standard & Poor's Ratings Group (or placement of the County on • • credit watch with negative implications) or a. material disruption of the short term tax - exempt credit markets, if (b) as a result of such occurrence, the Participating Institution determines, in its reasonable judgment, that the interest rate based on the formula specified above varies materially from the rate that would otherwise be applicable to obligations comparable to the Notes under then current market conditions. 2 As provided in the Master Issuance Certificate, the Participating Institution will determine the interest rate on the Note purchased hereunder in accordance with the foregoing and confirm the same on the deternrination date by transmitting an Interest Rate Confirmation to the County via facsimile or e-mail, confirmed in writing via first class mail, in the form attached as Exhibit D to the Master Issuance Certificate. BANK OF HAWAII By: , Name: r r , 3; :, ura Title: Sr. : « tive Vice President 3 Schedule 1 Registered Holder Rego Address Prindpal Amoaat Bank of Hawaii 130 Merchant Street, 12 S10,000,00080 Floor; Honolulu, H196813 . Physical note held in custody for BNY: The Bank of New York BOH at Bank of New York Mew One Wall Street — Mellon Third floor Window A; New York, NY 10286 4 COUNTY 01? HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A INTEREST RATE CONFIRMATION February 28, 2011 Via E -Mail to mokumoto n co.hawaii hius, cones by first class matt To: County of Hawaii Treasury Division 25 Aupani St. Suite 1102 Hilo, Hawaii 96720 Attention: Michael O Treasurer Bank of Hawaii (the 'Participating Institution") has agreed to purchase from the County of Hawaii (the "County") a Note (or Notes) of the above series, for deliVery on March 2, 2011, upon the terms set forth in the Certificate of the Director of Finance of the County, dated as of September 28, 2009, providing for the issuance and sale of such Notes (the "Master Issuance Certificate"). Pursuant to the Master Issuance the interest rate on theNot has been Certificate, Note(s) determined as of the date hereof as follows: Applicable MMD Short Term Rate 0.32% Phis 90 BPS - 0.90% Interest Rate 1.22% BANK OF HAWAII Name. - r ura Title: ve Vice President xY= CERTIFICATE OF 'Till: DIRECTOR OF FINANCE OF THE COUNTY OF HAWAII, STATE OF HAWAII, PROVIDING FOR Tk1J ISSUANCE AND SALE AND FIXING THE FORM AND DETAILS OF GENERAL OBLIGATION BOND ANTICIPATION NOTES OF SAID COUNTY IN AN AGGREGATE PRINCIPAL AMOUNT AT ANY ONE TIME OUTSTANDING NOT TO EXCEED 550,000,000; AND PROVIDING FOR OTTER RELATED MATTERS. I, the undersigned, NANCY CRAWFORD, being the duly appointed Director of Finance (the "Director of Finance") of the County of Hawaii, Hawaii (the "County"), and under Part I of Chapter 47, _ Hawaii Revised Statutes, as vended, and the Charter of the County, the officer having the responsibility for issuing, selling, paying interest on and redeeming bonds, notes and other instruments of indebtedness of the County authorized by the Council thereof, DO HEREBY CERTIFY as follows: ARTICLE I DEFINITIONS Section 101. Definitions. Unless the context shall clearly indicate some other meaning, the terms defined in this Section shall, for all purposes of this Certificate and of any certificate, resolution or other instrument supplemental hereto and of any opinion or instrument or other document herein mentioned, have the meanings herein specified, with the following definitions to be equally applicable to both the singular and plural forms of any of the terms herein defined. "Acceptance Date" shall mean, with respect to each New Note, the date on which the Participating Institution purchasing the same shall be required to execute a Purchase Confirmation with respect thereto as provided in Section 401 hereof and the applicable Notice of Offer. Each such Acceptance Date, which shall be specified by the Comity in the applicable Notice of Offer, shall be not less than two (2) nor more than ten (10) Business Days prior to the date of issuance of the New Note to which it relates. "Authorizing Ordinances" shall have the meaning set forth in Section 201. "Business Day" shall mean any day other than (a) a Saturday or Sunday, (b) a legal holiday or other day on which banking institutions in Honolulu, Hawaii, are authorized by law or executive order to close, or (c) a day on which the New York Stock Exchange is closed. "Certificate" shall mean this Certificate as originally issued and, unless the context shall • clearly indicate otherwise, as it may from time to time hereafter be supplemented, modified or amended by any certificate supplemental hereto. "Purchase Confirmation" shall mean each written confirmation issued by a Participating Institution regarding its agreement to purchase Notes issued from time to time as provided in Section 401 hereof. "Registrar" shall mean the Director of Finance of the County, as registrar for the Notes under this Certificate. "Renewal Notes" shall mean any, some or all of the General Obligation Bond Anticipation Notes issued by the County as Renewal Notes in accordance with the provisions hereof for the purpose of refimding the maturing principal of a Note or Notes previously issued hereunder. "Series" or "Series of Notes" shall mean and include each series of Notes issued in accordance with Article IV hereof. ARTICLE 11 AUTHORITY FOR ISSUANCE; FINDINGS, DETERMINATIONS, REPRESENTATIONS AND COVENANTS REGARDING ISSUANCE Section 201. Authority for Issuance; Purpose oflssue. (a) The issuance of the Notes has been duly authorized, or will be duly authorized at e time of issuance, pursuant to Ordinance No. 04-59, Ordinance No. 07 -120, Ordinance No. 08 -106, Ordinance No. 08- 148, each as heretofore or herd amended from time to time and any future Ordinance or Ordinances of the County providing for the issuance of general obligation bond anticipation notes for capital improvement projects, as each may be amended from time to time (collectively, the "Authorizing Ordinances "), for the purpose of paying all or a portion of the costs of the capital improvement projects thereby authorized to be funded by such general obligation bond anticipation notes (collectively, the "Projects"). (b) The Notes are issuable hereunder to pay or reimburse the County for all or a portion of the costs (including certain costs of issuance) of the Projects, or to refund the maturing principal of Outstanding Notes previously issued hereunder. With respect to the refunding of Outstanding Notes as to principal, the County hereby reserves the right, at its sole election., to refund the maturing principal of any Outstanding Notes through the issuance and sale of Renewal Notes to the respective Holders of such Outstanding Notes, and to further refund such principal through the issuance and sale of successive Renewal Notes to such Holders from time to time, subject in each case: (i) to the maturity limitations set forth in Section 301(c); (ii) to the provisions of the Notice of Offer regarding certain Material Events; and (iii) to the further condition that the term of each New Note and all successive Renewal Notes issued to refund the same as to principal, in the aggregate, shall not exceed two (2) years and that the interest on each Note to be refunded as to principal shall be paid in full as of the maturity date thereof Unless otherwise directed in writing by the Holder of the Note to be refunded as to principal, the County will issue each such Renewal Note in the same denomination and shall register the same in the same name as the Note to be refunded. Alternatively, instead of issuing Renewal Notes, the 3 IN WITNESS WHEREOF, I have hereunto set my hand as of the 28th day of September, 2009. NANCY CRAWFORD 1 .r`s�rc. A-- —,.siJY f «,. o immee County o .. waii The above and foregoing certificate is hereby approved as to form and legality as of the 28th day of September, 2009. gttirt, - Lincoln Ashida Corporation Counsel County of Hawaii 11 ri a i: COUNTY CHA RTER " 1110* �!" + • • • y s • ++, 4 F • . 4 ,,,,,.....,,t, : 01 . , , ' L 27 t ' Y / f • _ i I II 18 4, 'S. =∎ ti 1' COUNTY OF HAWAII 2010 u LI The corporation counsel shall, however, be prohibited from representing any elected officer in impeachment proceedings. (1979, Prop. 12; 1979, Prop. 13; 1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 1.) Section 6-5.4. Assistant Corporation CounseL The assistant corporation counsel shall be appointed by the corporation counsel and may be removed by the corporation counsel. The assistant corporation counsel shall be an attorney licensed to practice and in good standing before the Supreme Court of the State of Hawaii. (2000, Prop. 2, sec. 1.) Section 6-5.5. Special Counsel The council may, by two-thirds vote of its entire membership, authorize the employment of special counsel for any special matter presenting a real necessity for such employment Any such authorization shall specify the compensation, if any, to be paid for said services. (2000, Prop. 2, sec. 1.) Section 6-5.6. Term of Office. Notwithstanding Section 13 -8, the term of office of the corporation counsel, assistant corporation counsel and deputies shall be co- terminus with that of the mayor, provided that where a successor has not been appointed and confirmed, the corporation counsel shall continue in office pending such appointment and confirmation, but in no event shall the corporation counsel continue in office beyond three months, whether acting or otherwise. (1979, Prop. 13; 1990, Prop. 14, sec. 1; 2000, Prop. 2, sec. 1.) CHAPTER 6 DEPARTMENT OF FINANCE Section 6-6.1. Oration. There shall be a department of finance consisting of the director of finance and the necessary staff. (2000, Prop. 2, sec. 1.) Section 6-6.2_ Appointment and Removal. The director of finance shall be appointed by the mayor, confirmed by the council and may be removed by the mayor. The finance director shall have had a minimum of five years of training and experience in budgeting or related fields, at least three years of which shall have been in a responsible supervisory capacity. A deputy finance director shall have had a minimum of three years of training and experience in a responsible financial position. (1979, Prop. 12; 2000, Prop. 2, sec. 1; 2000, Prop. 7, sec. 1.) Section 6-6.3. Powers, Duties and Functions. The director of finance shall be the finance officer of the county and shall: (a) Assist the mayor in the preparation and execution of the operating budget, operating program and capital budget. (b) Collect special assessments as provided by and subject to law. 16 (c) Negotiate loans and the issuance and sale of bonds and notes when authorized by the council; maintain records of county indebtedness and have charge of the payment of interest and principal thereon. (d) Have custody of all public funds belonging to or under the control of the county, county agency or executive agency, and deposit all such funds in banks or trust companies designated as depositories by resolution of the council, subject to the requirements imposed by law as to surety and payment of interest, which interest shall accrue to the benefit of the public and shall be credited to the proper fund and account. (e) Examine all contracts, orders and other documents by which financial obligations are incurred, and every such document shall be subject to approval by the director of finance but the director of finance shall not approve unless the director of finance first verifies the appropriation, allotment and availability of funds to meet the obligation concerned and verifies thereto as provided in Section 10-11. (f) Prepare and issue warrants, prepare payrolls and pension rolls and disburse all funds in the county treasury. No money shall be paid out of the treasury unless the finance director first verifies the appropriation, allotment and availability of funds to cover the claim concerned and certifies thereto as provided in Section 10-11 and then determines that such claim is regular in form, correctly computed and constitutes a legal obligation. (g) Maintain a general accounting system for the county and require all county agencies and executive agencies to report and remit all receipts to the finance director as often as the finance director deems desirable. (h) Each month submit to the mayor and to the council through the mayor a statement of the revenues and expenditures for the preceding month and for the fiscal year up to and including the preceding month. Such statement shall be sufficiently detailed as to appropriations, allotments and funds to show the exact financial condition of the county and of each of its agencies and executive agencies. (i) Submit to the council through the mayor at the end of each fiscal year a report of the financial transactions of that year and a complete statement of the financial condition of the county at the end of the year, within ninety days after the end of the year. (j) Prepare and maintain a perpetual inventory of all lands, roadways, streets, easements and other land interests owned, leased, rented or controlled by the county. (k) Prepare and maintain a perpetual inventory of equipment owned or controlled by the county and materials and supplies in county storerooms, and dispose of property not needed by any agency or executive agency of the county pursuant to policies established by ordinance. (1) Where not in conflict with this charter, assume and perform all the duties and functions of the purchasing agent, the treasurer and the auditor of the county as provided by law, and for this purpose the director of finance shall be authorized to appoint a deputy, to assign and reassign such duties to any employee as the director of finance sees fit and to make internal administrative and organizational changes as the finance director sees fit subject to the approval of the mayor. 17 rives D'u Page 1 of 1 PART V. FRAUD AND LIABILITIES [ §485A - 01] General fraud. (a) It shall be unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: (1) To employ a device, scheme, or artifice to defraud; (2) To make an untrue statement of a material fact or to fail to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading; (3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person; (4) To issue, circulate, or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet, or other literature (in this chapter collectively referred to as "advertising matter "), which contains an untrue statement or a material fact or fails to state a material fact necessary to make the statements therein made, in light of the circumstances under which they are made, not misleading; (5) To issue, circulate, or publish any advertising matter or make any written representation, unless the name of the • person issuing, circulating, publishing, or making the same and fact that the person is issuing, circulating, or making the same shall be clearly indicated thereon; (6) To make any statement or representation or issue, circulate, or publish any advertising matter containing any statement, to the effect that the security has been in any way approved or endorsed by the commissioner; or (7) To issue, circulate, or publish any advertising matter unless a copy thereof has been previously filed with the office of the commissioner, or unless the commissioner has by rule adopted or order issued under this chapter exempted the filing of any advertising material. (b) Subsections (a)(5) and (7) shall not apply to any advertising matter that is covered by section 18(a) of the Securities Act of 1933 (15 U.S.C. 77), and that relates to or is used in connection with the offer or sale of a federal covered security. [L 2006, c 229, pt of §1 P r e v i o u s voi : { , 4 76 0 http:// www. capitoLhawaii .gov/hrscurrent/Volll Ch0476- 04901HRSO485A/HRS 0485A -05... 6/1/2011 House Bill Page 1 of 2 [ §485A -508] Criminal penalties. (a) Whoever violates this chapter shall be punished as follows: (1) An offense in which the total value of all money and anything else of value paid by or lost by the victims pursuant to the same scheme, plan, or representations, or to the same entity, amounts to under $5,000 shall be a class C felony; (2) An offense in which the total value of all money and anything else of value paid by or lost by the victims pursuant to the same scheme, plan, or representations, or to the same entity, amounts to $5,000 but less than $100,000 shall be a class B felony; and (3) An offense in which the total value of all money and anything else of'value paid or lost by the victims pursuant to the same scheme, plan, or representations, or to the same entity, amounts to $100,000 or more shall be a class A felony. In addition to the above, whoever violates this chapter shall forfeit to the State any interest or property the person has acquired or maintained in violation of this chapter and any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of this chapter. (b) The value of all money and anything else of value paid or lost by various victims pursuant to the same scheme, plan, or representations or to the same entity may be aggregated in determining the class or grade of the offense. (c) Upon conviction of a person under this chapter, the circuit court shall authorize the county attorney or prosecutor, or the attorney general, to seize all property or other interest declared forfeited under this chapter upon such terms and conditions as the court shall deem proper. The State shall dispose of all property or other interest seized under this chapter as soon as feasible making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the State, it shall not revert to the convicted person and the commissioner shall dispose of the property as deemed proper by the commissioner. (d) Notwithstanding any other law to the contrary, a person convicted of a felony under this chapter who has a prior conviction for a felony under this chapter or a prior conviction for a crime which would constitute a felony under this chapter shall be sentenced to a mandatory minimum period of imprisonment of one year without • possibility of parole. Nothing in this subsection shall be construed to in any way limit the maximum term of imprisonment imposed pursuant to chapter 706. (e) Notwithstanding any other law to the contrary, the following period of limitations shall apply to prosecutions for felony violations of this chapter: http://www.capitoLhawaii.gov/hrscurrent/Voll l Ch0476- 0490/HRSO485A/HRS O485A -05... 6/1/2011 . - rage 1 OT §705 -521 S©ape of conspiratorial relationship. If a person • guilty of criminal conspiracy, as defined in section 705 -520, knows that a person with whom- he-- conspires -to -com it - a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit the crime with such other person or persons, - whether or not he knows their identity. EL 1972, c 9, pt of §1] COMMENTARY ON 5705 -521 This section is addressed to the problem of defining the scope of the conspiratorial relationship. Organized crime may involve a network of activity of which the - defendant's conduct is but a small part. For example, the narcotics traffic may involve smuggling, possession, and sale of the narcotic. Questions affecting multiple prosecutions, joint prosecution, admissibility of evidence, and the statute of limitations have conventionally turned on the scope of the conspiracy charged. - The Code divorces procedural and evidentiary problems from the definition or scope of criminal conspiracy. Procedural problems are handled separately in S705-524 (dealing with venue) and in the rules of court and statutes relating to penal procedure_ The definition of §705 -520 in effect limits the scope of the conspiracy to those crimes which the defendant intends to promote or facilitate. Section 705 -521 limits the scope of the conspiracy pin term of parties, to those with whom he agreed, except where the same crini that he conspired to commit is, to his knowledge, also the object of a conspiracy between one of his co conspirators and another person or persons.p[lj In cases involving a broad scope of criminal operations entailing numerous different offenses, the focus is on whether the defendant knows that the defendant's co- conspirator has conspired with another person to commit the same crime. Focusing separately on each criminal objective, it is possible to conclude that different members of a criminal network are guilty of different conspiracies. Thus, in a narcotics operation, a smuggler, a distributor, and a retailer may all be guilty. of conspiring that the retailer possess the narcotics, whereas the retailer may not be guilty of a conspiracy to have the smuggler engage in smuggling. The retailer may have no knowledge of or may be completely indifferent to the source or character of the retailer's supply. Agreement under §S705 -520 and 521 need not be explicit; it can, of course, be inferred from mutual facilitation and purpose. Section 705 -521 specifically provides that in cases where there is no direct correspondence or cooperation, the defendant may be guilty of conspiracy with other persons, possibly unidentified, if the defendant knows that the defendant's co- conspirator has conspired with them to commit the same offense. The inquiry which - the Code requires is more complicated than that allowed under current and past doctrine which, in some statements,[2] has permitted a member of an illegal operation to be guilty of a http://www.capitollunvaii.govihrscunent/Voll4 0701-0853 /HRS0705/HRS 0705- 052... 4!28!2009 • .nvuSc niu Page 1 of 1 E §485A - 1031 References to federal statutes. "Securities Act of 1933" (15 U.S.C. 77a et seq.), "Securities Exchange Act of 1934" (15 U.S.C. 78a et seq.), "Public Utility Holding Company Act of 1935" (15 U.S.C. 79 et seq.), "Investment Company Act of 1940" (15 U.S.C. 80a -1 et seq.), Retirement In e "Investment Advisers Act of 1940" (15 U.S.C. 80b -1 et seq.), "Employee oyee `Zeti Security Act 'i t " ( U.S.C. L'�- jf �... a. f.uvva• �.v ii�. L. t, of tJ 97 4 G7 Vt�l 1001 et seq.), "National Housing Act" (12 U.S.C. 1701 et seq.), "Commodity Exchange Act" (7 U.S.C. 1 et seq.), "Internal Revenue Code" (26 n_S.C. 1 et seq.), "Securities Investor Protection Act of 1970" (15 U.S.C. 78aaa et seq.), "Securities Litigation Uniform Standards Act of 1998" (112 Stat. 3227), "Small Business Investment Act of 1958" (15 U.S.C. 661 et seg.), "National Securities Markets Improvement Act of 1996" (Pub. L. No. 104 -290, 110 Stat. 3416 (1996)), and "Electronic Signatures in Global and National Commerce Act" (15 U.S.C. 7001 et seq.) mean those statutes and the rules and regulations adopted under those statutes, as in effect on July 1, 2008, or as later amended. [L 2006, c 229, pt of §1] Revision Note "July 1, 2008" substituted for "the date of enactment of this chapter ". Previous ;.,111 (7K-1764M90 http:// www. capitoLhawaii .gov/hrscurrent/Vo111 Ch0476- 0490 /I1RSO485A/HRS O485A -01... 6/1/2011 ## 93e. 17 — - mesas a standards fir ase- width: soeerTrei paragrapia. (1) er f23 of section. 12(b) at the - time -thichw i - ate misrepteserabation, evoissim, or _ - thatsedt iann- _ _ t = Y is _ greptframmiguittokraider_thiagileporsuset taroks issued. May 27, 1934 etc 38 iitle See. 14-48 Mat. 84 Pub-L. 105-353, the I, see. 1ti1 C _ S 112 #bat. 3227.) - assarsummaangessumuvarassacinnis • Sem 12.. it stall. be ladenfolfes aag is the air er s a €any sacalb - or- - i - in interstate commeree ar by use of thoroarlasi threat er — ,erart>ioeieer • +�FeE# untrue necessary in sede+cns the statignente - of the ehissoeb noes ader ate- ear anguipinanyiranmetien, or comae o't . operates arw ohleperato esafr ordeeek upon the (b) Tie far sly p by the-use- of means any oars of eammunfandin in s ea s eorbraeuse the io inter- ixiar de, lettoommigineut sesame, • or easouteateagicaleblekthougit not preperting tooffer a searnly far sok deseritee ands mestrity far a consideration remised. or to be seoe a el or . front ast a 'ley a dealer,. ibh - past or prespearne, af t and. the The enampiragno r .ba.sectiett8sbodlaeot apidyis e - provision' eiribbserrogn. MTh° o€ibe Commisabirandorthis section w re- - - iati meunityLbased. swap - agreements (ps defined is section efitioSecurfnes lbadeenge A c t et 1934) stoat be-st eetti tberestaiettens aodleian/3~ etunraes24 jatibisthis ch. wi ills 4 Bee. Y4 Sidi. L. 106454 See. ifeW Bide 1 111-993, 21, MO, . - . WILE ffi >MRTI > COMER 63 >$jso4 .1 § 1344 Bank fraud - - Whoever L 1. ly dramoshme, orattemotsto wee q,aschemearaeseo:— - • (1) to &b owl? i lostif oas or • C2). tb oblate aar af the mow, itookiseaft. outset& socoritim orather sopestyounot by araodertheastadr ameba( pCa - . insEmu�o~i, by meansarfahe artmadaleatpreteaser,segresealallana, sr slamiseg shell bellied not masf6s * MOWD iaolelfoAet apt mane than 30 Team. Dr - • MET wow,. Aii v w . c a L. • I } _ Ii i 4 „...„. . v L.. n tn L.) s L C 0 L a .7+ S? y c } a Y.j C3. gn r 0 .� o c L. .0 L. o L. a a 6 o L a C = C C N w La . a w 8 a� m 0 a N tei E Z E a et E. a z L L a a . 0 (/) o 2 2 L el E m P o° t wz E 0 w 0 W �, o L E ° -c ^ a 10 m 412 0 ; v in c a., 0 iA- O :y .Z ,0 C %,_ L c c a = c 83 ea W m ( } = C 3.. C - 0 4 tU Q c 2 2 't3 a , .ac 44 0 § 1961- in n - As used in this chapter- _ (1) *racketeering :;activity means (A) may act or ttweat waiving irmsktr, �ng, gambling, robbery, b , actellott, _ cleabig in obscene nutter, o'er ha a c+ � +, �� or **ad (as define in section 102 of the E`er Substances Act), is dungeabie tmder State km assi punishable by for mom than one year; (8) aCode: ea i�si Ie any of the framing provisions of a� 201 (rekthag In bribery), sedion 224 (Mating to .. sports bribery), theft from 471,472, mxt473 ( iat g } o l�O����), t 659 (relating to theft: � shipment) if the act 659 is ilitiottous, section 664 ( /j� to embezzlement from pension and welfare ), fraud mid 891° (rig ti3 exbo toc�ate rat ions), seotfion 1028 (fig to ( 9 br la aed +e co on w8# ��on ems), n 1029 i.� �In�acea6),1084 fraud), sedion 1343 (relating to whe fiaud), section 1344 (rekting to ftemcial 1 :. , -, fraud), section 1425 (relating to the praane:went of iftizenship or naiiona unlawlidly), section 1426 (relating to the repraducUon n or per), section 1427 (relating tD the sale of nalmalkation or citizenship papers), sections 1461-1465 ( '), section 1)3-09 to obstruction cif ), section 1510 { {� of ), section 1511 (nibting to the a of Stain or low larch enforomnentl. section 1512: (nriating #eaaperieig with a witness, ariction secUon 1513 (r to retaliating agttnst a \ wItnew, fin, or an informant), section 1542 (fig to fie statemert in application acid use of passport) sectkin 1543 (fig to or false use of passport), secUon 1544 (refa ig to e of pmt), section o 1546 (relating to fraud and misuse of. visas, ~t per, and other dam), sections 1581-1592 (rig to peonage, y, and naffiddnli In Persons)-PI section 1951 (naming to hfterference with commerce, robbeiy, or eadsrUes), section 1952 (relating to Ong), section 1953 (rekting to interstate • of� ), (�t� welfare feld - payments), _ 1955 (reg in the pmhibition of INegal gansbnng b), section 1956{3 to the laundering ofd instaume9s), section 195 to engaging in monetary his in property derived i , section 1958 (rte to use of interstate commerce facthUes in the coon of murder-foruhhe), seddons 2251,2251A, 2252, and 2260 (relaUng to sexual exploilation of children), secUons 2312 and 2313 @elating ID ire transportation of stolen motor veiddes_ , seicions 2314 and 2315 (relating in kterstate bansportation of saoien property), sew 2318 (ham to baffddrag. k co ntesfee labels for phonorecoeds, com programs or committer program documentation or packaging and copies of motion pktrues - or other andlovklual worts), section 2319 (rte to of copyrkOit), section 2319A (fig to iniauthorized fixation of and trafficking in sound ree r ios and MUSIC videos Of eV* musical ©eefeemanoes), seen 2320 (relating to - tradilcidag hr goods or services bearing ansteribit nutrias), section 2321 (Mating In traffiddng bh aertaha motor vehicles or Motor vehicle pew), sertioris 2341-2346 (refacing to tnafficldng In cow ci 6es), sections 2421-24 (relating ID white slave trod&), sew 175-178 (=bangle, biological weapons), sections 224 -229F (fig in chavalcal mss), 831(relating 9D materials), (C) any act wig is biddable under i*ie 29, tilted Rates Code, section 186 (fig nab rear ions on payments and loans to labor ) or section 501 (c) (ring to embezzlement from amnion under funds), (fl) any offense Involving with a case under title 11 ( a tie sectkni 157 of this thie), *mud in the sale of seanities, or the felonious a conbolled .� or �sectio 102 albs Controlled Ste ), pule under any law of the united Stains, any act which is ale under the Qmency and Reeks Transacaons Reporting Act, (nosy ad which is fradictable under the Immigration and Iftioemilly pct. section 274 (stating to lotaging in and harboring min ) secUon 277 (relating braiding or assisting aliens to enter the tined States), or section 278 (fig to importidke of all= for hmnoraf purpose) 8`#he: act -indictable under such esti= of such Act was =omitted for the _ p of nomad gain, or (G) any act that is indictable cruder any provision listed ID lion 2332b (gXS)(g); LF.: auc' . , ' E 1TP 18 > PART 1 > CHAPTER g 2 "-`' '` : §2.P - . K - (a) Whoever conenfts an L,2,1' . .,,z' _ offense a the United :gybes or ate. abets, counsels, commands, induces or procures v m V its commission, is punishable as a prindpai. (b) Whoever viffuny causes an art to be done which W tbectly permed by Ldrn or another would be an offense against the United States, Is punhhabfe as a pe al. i T111.E PART >ciudiTER 1 > tie § Whoever, beaming that an offense egotist the tinged Stains has been aimmitted, receives, or assists the o4fender N order to hinder or present Ns appreh 4 fetal or punishment, is an accessory after the fart. Bcaept as otherwise orpressly prodded by any Act of Congrets, an accessory _ afterhe fact shffi be baprtsoned not more than one- baifthe miodneren t of sonment or (nobvIthstanding sedion 3571) limned not more than one helft a madman the prescribed for#he punishment of - - the pirdpal, or bath; ar lithe Prindpal is p by ire Imprisonment or dawn, the accessory shall be i� not marathon 15 yam. Wd- , TITLE 18 >PARTI > CHAPTER, 1 >§ 4. Misprision t felony t - Iona eed9e off `thel.adual commission of a felony aagtdzetsie by a coat of the United Saes, Conceals and does notes soon at possible make known the same , _. ` a ,dyll Carr nr arraeihority uaderlbe United shat be ' - , , U *te or • Seintsoned eat mows thmi blase years, ar lid. • TITLE 18 " - §• 241. Conspiracy again rights - - ',two ormoo persons co rapine to injure, oppress,. threaten, or intinidme any person in any State, Terdtay, . Qonaanonweslth, Possession, or Dishict in the fine exercise or enjoys I t of any tight or privilege seared to him b the Gals rhos or laws of the tamed Stde!,s, or because of his hawing -so evercised the same; or White or mem parsons go !n disguise ai the highway, or on the premises of another, wRh . intent ba parent or hinder his free enemies or enjoyment (*any right or pdvliege as secured — They shall be fined user this take or imprisoned not more than ten years;, or both; and Lf death results tom the ads committed in violation adds section or if such acts Weds idideapping or - an attempts) iddnap, aggravated seemed alma or an attempt to ea oar aggravated sexual - abut ar an attempt be idii, they shall hefted underrtidstitde or imprisoned for any term of yams or *r dice, or bony or may be sentenced to deem. � „ TITLE 18 > PART I > CHAPTER 19 > § 37 T § 371. Conspiracy y t+o ninny vie or to y de4raud.Unfted se two or more persons - conspire a t either amen - eny - offense eyebaths united States, orto defraud the carded States, or any agency thereafta >• scar nleiner erfbrany purpose, end eft or atom &made persons dearer tee kr/the p or the conspiracy, ends shell bailed a adertiaisihleor ierpdsoned not mono ellen five years,: or both- 14 hawses, the Manse, the commission of WWI tithe effect of the ©ornspi eqr, is a miedwatenor only, the punishment ibrends car racy shell not emceed the weed men punishment provided 1Pirsrcb enitrierrraswnr. • . EXHIBIT -ITY-6 - _ . . . ,,:- ..-- . -- a i d _ otgamziauons . . . RaWwetetmtsaeWced-„_.;,_p,- -___,„,..„ , _ . micearsed as (Sager% ern* 18 _ eras ilaissi Stoma Cad; II U.S.C.-4 196/41kmogitlaiLli.e. §196g.ftwasillegadedialaakaitataderto - ' Widireahmedalida glinstenimed *ea- Theariginitha a Robert maim refined - ofmagketeeemscatitefiamdspaostasmeamiraraestoramlisMymosis. paissapervadtaketarg aim la - rostaiskgasderacWomemblismisasamEaitiowadchisiosaadpisestfietamororofpokiaesify a c:s e 'ai m aid' s acia_ 0 030aribe *de .. _amichecompasessoilleurfeitsepecateorgetdiedamsges (dmoses 'Ridge the . - __ - __ _ ^ � ' _ _�_'__-- -�u_~i~=~=~ - .- x Longue � . ' ' ' • ' - ' '