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HomeMy WebLinkAboutCOM 0732.001 2010-2012PICA)UN Dan A. Cole P.O. Box 630 t?� �: 02 Keaau, HI 96749 TESTIMONY IN SUPPORT Res: 26Z-12: Approval of Res: 262&12 will allow the FBI to use and occupy office space at the Hilo Police Station for the purpose of facilitating joint investigations into government and police corruption as requested of the FBI by Hawaii County Police Chief Lawrence K. Mahuna on May 29, 2008. COMES NOW, Dan A. Cole in Testimony before a civil authority of the United States as required by, and in accordance with United States Code, 18 U.S.C.§4 Misprision of felony, having knowledge of the actual commission of felonies, as identified in the attached One - Hundred -Twenty -One, (121), pages documenting a Ten, (10), year history of a pattern and history of Racketeering Activity and Organized Public Corruption within the County, State and Federal government offices in Hawaii as defined by 18 U.S.C. §1961 Definitions,(1) "racketeering activity" (A) Extortion, Dealing in a Controlled Substance; section 1503 (relating to obstruction of justice); section 1512 (relating to tampering with a witness, victim or informant); section 1513 (relating to retaliation against a witness, victim, or informant); section 1344 (relating to financial institution fraud); et. al. Such felonies are cognizable by a court of the United States and whoever 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 or imprisoned not more than three years, or both. Any long time resident of the Island of Hawaii would be aware of the "old -boy network" that controlled the Politicians, Police, Prosecuting Attorney's Office and most of the employees of the County of Hawaii. If you needed something done that required the approval of a government body then you went to a Good Old Boy and your building and land development permits breezed through the governmental processes, or your traffic tickets or other police action against you disappeared. This group of Good Old Boys is what the Federal Racketeering Influence and Corrupt Organizations Act, (RICO Act), defines as an "Enterprise" engaged in patterns and histories of racketeering activity. The attached documentation is a small fraction of Twenty, (20), Banker's Boxes of documentation and tape recordings I will make available to the FBI Agents that will be assigned to the FBI Hilo Police Dept. Office in their investigations to identify corrupt Public Officials as Comm. No 7 -3 �' ' Ref. To; gni x i Ref. Date_ JUL 0 3 20 22 _ to who knew what and when they knew it in regards to the documented Ten, (10), year history of Public Corruption in the County of Hawaii dating from the current Money Laundering scheme of tens of millions to maybe 3 billion dollars that the current Hawaii County Mayor Billy Kenoi appears to be conducting, and dating back to the fraudulent use of Federal Disaster Funds, RE: FLOOD DEBRIS REMOVAL FROM HILO STREAMS, Job No. P-3535 signed by Harry Kim on February 9, 2001 and is in violation of 18 U.S.0 §1040 Fraud in connection with a major disaster or emergency benefits. Funds for Job No. P-3535 were used by the administration of Mayor Harry Kim to construct unpermitted and unauthorized stream diversion works in violation of State and Federal permitting and authorization requirements, with the knowledge of former Mayor Harry Kim, where these illegal stream diversion works were apparently built to protect property of politically influential persons that resulted in, or contributed to, the $80 plus million dollars of flooding damage to property downstream of these stream diversion works in 2008 It is documented in the attached that the Hawaii County Prosecutor's Office instructed, in silence, the Hawaii County Police Department to deprive me of my State and Federal Constitutional rights and freedoms to petition the government in redress of grievance, in violation of 18 U.S.C. §241 Conspiracy against rights and 18 U.S.C. §242 Deprivation of rights under the color of law, to file a Police Complaint identifying Public Corruption in the commission of criminal violations of United State Code and Hawaii Revised Statutes. This local RICO Enterprise of corrupt Public Officials conspires, under the color of law, to deprive persons, the people, of their State and Federal Constitutional rights and freedoms in preventing a person, the people, from petitioning the government in redress of grievance to file a Police Complaint for offenses relating to Public Corruption thereby instilling into a person, the people, under the United States that the Hawaii State and County government has the Legal and Constitutional authority to deprive the people under the color of law of their rights and freedoms, thereby instilling into the people a coercive belief of law that the government is not bound by provisions of the Fourteenth Amendment of Due Process and Equal Protection rights of the people, thereby under the color of law forcing a person, the people, into involuntary servitude of the RICO Enterprise, for the benefit of the Enterprise, in knowing and knowingly violation a person's, the people's, Thirteenth Amendment rights that neither involuntary servitude nor slavery shall exist within the United States, or any place subject to their jurisdiction. Dated: 2 July 2012, Hilo, Hawaii i Lawreum K h1shum Harry Kinn.PY PoliceChiefMavau- " -UE 0 Harry S. Kubajfrl DgWyPolice 0'W County Of Hawaii SCE gra 349suca ,10% -3 (SM 335-3311 • Fax (sc► 614MO May 29, 2008 Ms. Janet L. Kamennan Special -Agent in Charge U.S. Departrnerit of Justice Federal Bureauof Investigation 300 Ala Moana -.Blvd. Suite #4-230 Honolulu, Hawaii 96850 - This is a follow-up -to the phone conversation Major Marshall Ksnehakm of the Hawaii Police Department had with Supervisory Special Agent Torn Glorioso on May 29, 2008. During that conversation, Maj" Kanehakm had requested the .FBis 'assistance in investigating the alter of went corruption oudined in Mr. Dan Cole's letter dated May 6, 2008. Major Kanehalua was deformed by SSA Glonoso that the FBI had already received a copy of the rr leiter and is cuently deciding on the appropriate action to be taken. Should- your ofte decide to initiate an Invesdgetion of alleged corruption within our deparW rit, vire are fully pmpared to COOPMW with such mvestigation. Should you hmm any qu sr dee to contact Major Marshal Kanehativa of our Adminlshative Bureau at (808) 961-2247. (:::R;ENCE K. MAHUNA POLICE C14IEF ce: Mr. Dan Cole. " Hswsiti Gomm is as EqtW Oppmumky PmviaeFsad This document -was copied. from coiut records fled in Civil No 10-1-0082 in the 3"d. Circuit Corot of the State of Hawaii on 2010" MAR 16 PM 1:50 f Form #: B-52 7/18/91 DEPARTMENT: STAFF CONTACT: DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION POLICE DATE: Assistant Chief Marshall Kanehailua A. REQUEST: 5/23/12 PHONE: 961-2261 To allow FBI to use and occupy office space in the Hilo Police Station, approximately 10 feet x 10 feet. . B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): The Hawaii County Police Department would like to allow the FBI to use and occupy space at the Hilo Police Station. The purpose is the facilitate joint investigations. This will enhance investigations by the sharing of resources and expertise between Federal, State and Local Law Enforcement. SIGNED: DATE: 7 Department Head OF William P. Kenoi Nancy E. Crawford Director Mayor j' Deanna S. Sako Deputy Director ., •of M� County of Hawaii Finance Department 25 Aupuni Street, Suite 2103 • Hilo, Hawaii 96720 „ (808)961-8234 • Fax (808)961-8569 : ? May 30, 2012 Dominic Yagong Council Chair and -- Members of the Hawaii County Council �? Hawaii County Council % 25 Aupuni Street Hilo, Hawaii 96720 Re: Agreement with the Federal Bureau of Investigation The Hawaii County Police Department would like to allow the Federal Bureau of Investigation, Honolulu Division, to occupy and use office space at the Hilo Police Station. This would facilitate joint investigations by the sharing of resources and expertise between federal, state and local law enforcement. Enclosed is a resolution authorizing the Mayor to enter into an agreement with the Federal Bureau of Investigation, Honolulu Division to allow for the use of designated office space at the Hilo Police Station. If you have any questions, please do not hesitate to contact Nori Ishii of the Hawaii County Police Department, at 961-2273. 6t'� F" 4 Nancy Crawford Director of Finance Enc. Cc: Police 9,.e S. Vol --12i Hawaii County is an Equal Opportunity Provider and Empbyer cmm No. 73 2 Ref. Tag F W. Dote MAY a 0 2012 6 May 2008 TO: Janet L. Kamerman SpAgent mCharge Federal Bureau of lnvestigation Honohda Division P.O. Box 50164 Bo u, Hawaii 96850 USPS Certified MailNo. 7005 2570 0001 1926 7877 TO: Jay T. Kimure Proseeutft Amey Countyof Hawafi 34 Rainbow Dive Iffla, Hawaii 96720 USPS wed Mail No. 7005 2570 OWf 1926 7891 TO: Lawrence K. Mahuna Chief of Porwe Couraty of Hawaii 349 Kapioiani Street Hilo; Haves 9672.4-3999 USPS Certified Mail No. 7005 2570 0001 1926 78M C.0 SUBJECT: EXTORTION OF ELECTED OFFICES & PRIVATE CITIZENS BY TBE HAWAII COUNTY POLICE DEPARTX4ENT FOR THE PROTECTION OF A RACKETEERING ENTERPRISE. fes'% i it i • �4 iz i i4 i St.. I!! • ; W3 •• sw+ • Fz' F,- .iti:c .i nt documentation, and!!.- .a ti F'Y. !� iwm!! speaksfor !F+" and t! i ti f.:m of the 3ci ti ::Fit- andop=aum,0 i&krpnwengwd S ra*ftri Fi_ .: a+! m Oat contrd or #1#ikmt County. ti3 ;. .n 4F.:;Y, Offices, tr .!F Officials iF the % ofHawaiLcxtmft swom officiab MID act. ! 12 and i;t'f; :r:+:!: i£4' ford:- 4' i+i�t4 Of SF:- .£! -3'st .,if !-E", Si i.. ' ✓i3 ! il: • 4' ` �i .1 iF1,f1# ;1f-:i:"Fn+fi :{ i' 7. tr. tFr.[:-i if .£3.t s.t - FtY viii. i f1 fl m In conversations with Emily Naeole, my Couil Representative for dw District of Purim Comity of Hawaii, she infornied that she was not able to assist me in exposing the corncption iu the Comdr government, and the actions of the Hmaii County Police Deparm)C9IA that dweaten and in mate citizens frcan bringing fourth complaints that.would expose the End that is arganizeid and controlled by and throw Iapa=WASM cultural, ethnic, and racial booms and mftws t% extort public officials for the benefit of the Enterprise, to include acts of fraud and conspiracy against the United States Govemment. Council Member Nacole explained that she was aware of the corrupt actions of the Hawaii CouWy Police Dept, and knew ofthe organized exon in the County god but that as a shale madher with a son: at home, and in ligbt of the cu =nt police action against her daughter, she was afraid to assist me any fuer. It is need that CouncH Member Naeole, due to hear religious beliefs; tabes her Sworn Oath. of Office, as sworn before her God, as the foundation of her soul. Council. Member NaeoWs decision tp mor her God for ft protection of her family was observed to be a physically Pam, and soul wrenching ordeal The attached April 15, 2008 lettea from Coomed Member J Yoshimoto, former Deputy State Attorney GmmwA and the attached December 6, 2007 memo from Special Assistant U.S. Ai# aw, and Do" Prosecutor for the County of Hawaii, Whchell Roth, to Charlene Y. %oshi, First Deputy Prosecuting Attorney, County of Hawaii, provide additional orvidence io the power of the corrupt Enterpnw It appears 9W both attorneys believe my story about the exisksm of ori c orn4*on in the County govemmient, County of Ii i, and have altwvW to support my efforts to expose the Enterprise. The atWJW STIPULATIONS, Pied in the United States District Court, District of HawaiL on FEB 13 2008, are not diVtftd by the County, and State of Hawaii, and attest to the power of the Fprise to control or influence County, Stacie, and Federal Offices,. and Officials as identified and outlined in the attached nine page PLAINTIFF'S RESPONSE TO DEFENDANTS 1VIEMORANDUM IN OPPOSITION TO PLA:MTTFF'S MOTION TO VACATE Civil No. 05-00325 JMS-BMK, _ fled. FEB 13 2008. !be atta let f February . 108, COU101aimt to Robert ti Director of ! " Federal Bureau of i r t! a i i s SUBJECE Hawaii County Police } ,f fir ' f t .ii f 7 against V fm.victimor ;[i ff '! if3;;if3 asrecGvered from. fr'Hawaii County E } f ef.l- ! !.:<,flif;car as TDM391,;d SCANNEE)-HL • ` ' 20N, , t investigated; w expose tf•e cii:ns t ff."HawaiiCounty E ! f'" Departatentto iii a - f andintimate citizens.and. elected offlciWs,by creating Y. - - Police F' Repor .t'!g with the corrupt influence, of witnesses to prevent exposure i the activities !fie Enterprise, 'F." dri dw reportwasto be provided to Prosecutor Dat`Y. :.if according N 1. 611. M M to the attached, DISP4SITIQN, Dated; 04-22.2008: 2145 Hrs. The Fekmary 2009 flooding disaster flet resulted m minions of dollars of property damage in 111o, Hawaii, was an overt occuamw that exposes the violations of Federal and State laws by the Enteipns& I am sending you this information in the hope of Pr'venthng deaft injuries, and Mperty damage that will result from future lwdmg disasters due to the Criminal Violations of State and Fecal Laws as stated in Cotte Members YoshimotWs April 15, 2048 request to U.S. Attorney Kubo. Thank you for your attention in this matter. Sincerely, Upy Dan A. Cole . United States Citizen Attached: April 15, 2008 letter J Yoshimoto to Edward Kub©, (1 page) Dec 6, 2007 memo Mitchell Roth to Charm Ibosbi, (2 pages) U.S Attorney Ed Kube, GRANT ANOUNCEMENT, (1 page) FEB 13 2008, STIPUI ATIONS, CV 05-00325 JMS-BMK, (1 page) PLAiNTWF'S RESPGNSB, CV 05-00325 JMS-BMK, (9 pages) 6 Feb mmy 2447 COUVWat to Robert S. Muller, HL (2 pages) Police Report, CO8O00381, D ROSMON Dated 04-22-2008, (1 page) Goriipiete'itetns y, 2, and -3. RisQ corflpTi itb 44 RDavvery is dam. -.- a Pnralm r: name and address On ttie revere so ew we can retwn the card to you. ■ Mach this cW d to the back of the maHpi m or on the hunt.N space permfts. 1. Af icie Adm to Jay T.. Kimura Prosecuting Attorney County of Hawaii lalo, HI 96720 C. s- © Ag" X' :t}: =� � � aclr6ess erertm � 1. it, devreiy address beimr ❑ No MO n Express Mad - 13 flegsbaged Q Rehm blur MadMcbe EL bmsed mai 13 .c oix 4. Re� DeEVW— [ayes 2. ArWe *ayt s y bun sere 7 flt35 2 ` fl 4IIiI7r �' � 8� 3, PS Fown E1! y I UJUL Subject Request for Government Records to Expose Public Corruption via Senate Bill 2858 Page 1 of 3 From: Dan Cole (cola hawaii@yahoo.com) RECEIVED 70: wkenoi@cohawaH.hi.us; oip@hawaii.gov; oreiliy@FOXNEWS.com; Govemor.Abercrombie@hawaii.gov; donishi@cohawaiihi.us; �l�awa .hi. � glenn.shara@courts.statehi us; gregAitakamuraftourtsxtate hiAw ronhi us; susan mollway@hiduscou tsgw.Aw d@oo mwafiJ u� wkenoi@oo hits; '9. vVRh yg=; MAYaR hawaiiag@hawaigov; aPhonolulu@ap"W WhWalolmmet; bsmart@coi . kU5F HAW;I1 Cc- apilago@co hawau.hi us, dyagong@cohawashi us; newswoman@mac conK rewswoman@ge com; dikeda@co.hawanhi us- jyoshimoto@cohawai.hi us: phoffnww r @co hawaiiKus; LASt �. editor@ha"inewsdaily corn; rfl' .itoday_corr ' " cjensen@westhawaiitoday com; Glenda.Paige@hawau".gov; rep1ww. a no@capitolJwm au.gov; jar-_ --ong@hawairtnbune-herakicom; Nordito fiawanhius; ps awai ribune-heraldcom; kapilago@ao hawaiiKus; tripcityusa@juno-com; _ Date. Friday, May 4, 2012 11-46 AM REMEU MAY - 7 2Q1Z Aloha Mayor Kenos and OIP Director Park, -` In light of Hawaii State Senate Bill 2858, I am renewing my request under Hawaii Open. Records Law for Hawaii County records for the Autivxtdng Authority far the issuance of Me County of Hawaii, March 2, 2011- $10M General Obligation Bond Anticipation Notes, Series "A" and Series "B". As identified by the 9 June 2011 request fled with the Hawaii County Mayor's Office and stamped RECEIVED 11 JUN 9 PM 148, OFFICE OF THE MAYOR COUNTY OF HAWAII. Documents obtained from the Hawaii County Corporation Counsel Office state that the authorization for the sale of millions of dollars of County of Hawaii, Bond Anticipation Notes, BAN "B" Notes on March 2, 2011 was in fact Bill No: 311(Draft3) signed into ordnance by Mayor Kenoi himself on May 4, 2011 two, (2) months after Mayor Kenoi sold the $10M County Notes to senior officials of the Bank of Hawaii which would be a misdemeanor criminal violation of the Hawaii County Charter and would require Mayor Kenoi's removal from office upon conviction. It is well documented that on Aug. 23, 2011 the Hawaii County Police Department, under the color of law and in conspiracy with other agents of the County of Hawaii did deprive,a person under the authority of United States while located in the State of Hawaii of their First Amendment Constitutional rights and freedoms to petition the government in redress of grievance and where such petitioning of greivance is required by United States Code 18 U.S.C. 4 Misprision of felony, refused, with the knowledge of the Hawaii County Police Chiefs Office as identified by the RECEIVED 2011 AUG 23 PM 1: 46 HAWAII POLICE stamp, to allow a complaint to be flied agalnst Hawaii County Mayor Kenol and others in conspiracy to commit violations of the Hawaii County Charter Section 6-6.3(c), Hawaii Revised Statutes HRS 485A- 501 General Fraud (1)(2)(3), HRS 708-830 Theft (1)(6), HRS 708-830.5 Theft in the First Degree (1)(a), Hrs 707-521 Scope of Conspiratorial Relationship, et. a/. The 9 June 2011 letter and request for records to Mayor Kenoi, and the language contained therein, speaks for itself as it identifies apparent organized Public Corruption within the Hawaii County Mayor's Office in conspiracy with other County Offices and Agents in racketeering activities in violation of Federal RICO Act statutes, United States Code, Hawaii Revised Statutes, and criminal violations of the Hawaii County Charter. L.E COPY.;, http://us.mg2.mail.yahoo.coin/neo/launch 5/4/2(l 12 �'rint rage 2 of 3 The acts and actions by Public Officials surrounding the sale of County of Hawaii Bond Anticipation Notes alluded to a Money Laundering Scheme that could be worth $3B dollars as identified on the U.S. Dept of Treasury Form 8038-G Information Return for Tax -Exempt Government Obligations, Part III Description of Obligations. Complete for the entire issue for which this form is being filed. The 8038-G Form was signed by Nancy E, Crawford, County Director of F=inance, on 3/2/11. The release of the requested government record is in the Public Interest as records obtained from the Hawaii County Corporation Office show that on Manch 2, 2011 Mayor Kenoi sold to the Bank of Hawaii at least one COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTE, SERIES B, CUSIP Number: 41969CAE6, with an interest rate of 1.22% and a Maturity Date: September 2, 2011. In documents obtained from the Hawaii County Corporation Office was a FIRST HAWAIIAN BANK, Certificate of Deposit Receipt to a Time Deposit Account Number: 20010201, with Date of Deposit: 03/02/2011, Maturity Date: 09/02/2011, Term: 184 Days, Amount Deposit. $10,000,000.00, Initial Interest Rate: 0.125%. On the document the First Hawaiian Bank is thanking the DEPT OF FINANCE COUNTY OF HAWAII, for opening a Certificate of Deposit. It must be deduced from the documents obtained from Hawaii County Corporation Counsel Lincoln S.T. Ashida that the People of the County of Hawaii paid the Bank of Hawaii $60,000 to allow the First Hawaiian Bank to use $10M dollars of the people's money placed into a 184 day Time Deposit account with no benefit or purpose to the People of the County of Hawaii. In light of such verifiable aforementioned actions it is alleged and averred that such knowing and knowingly acts and actions in light of the refusal of government agencies to comply with Hawaii Open Records Law, occurred and occur as part of a pattern and history of organized public corruption in conspiracy with a "Local" RICO Enterprise that influences, controls, and/or extorts County, State, and Federal Officials and Offices in the State of Hawaii, to include officials in the U.S. Attorney's Office, FBI Hawaii Division, State Attorney Generals Office, and Judges and Officers of the Court of the State and Federal Court systems in Hawaii. Thank you for you attention to this UIPA Request. NOTE: This OIP UIPA Request will be Faxed to the Director of the State of Hawaii Office of Information Practices, Cheryl Kakazu Park, Telephone No.: 808-586-1400, at FAX No.: 808- 586-1412, and hand delivered and filed with the Hawaii County Mayor's Office. mayor Co� ` - ouF Dan1i Ctk P_0# BbK 630 KMw RECEIVED Tdophoom rMun: we_� $ .. OF CE OF PHE UAYOR CONTY OF HAWAII aY -AY4R_ IIIJBCT:24How N(3TIMlQpwdua_- a fvr f eve'Ofi�e {, Ofd Adwch Z 2011- $1 AlehaAfa parKewt - OR Aftch Z,2M17aqsAftw Kami 3N nMCX XMY PFRAWAIL STATE CFHAWAHcaumdgwimoogmofanXIOLIJWDO °an dide�edasa BM d Alt An iclpatlmNOft `9*, (B1AW noBOMBCo"Yn Camse1 .&T_ AzM&hw MOulffind Owt the" A 'lwdoi cetfi5e %2011 B!!% -B MG gv s YBMN --311 Weeff 3), C M*14WC.IK 0ghImace No.* 1 1_ 40.40W by yowwX Majw Kma,eu MW412011 WA at Eff0clive Doe o€ r4, 241L 1aad&tjauj&d-Fek28y 2(111, AWWW B�a��o€asitl��A���ofiei�sued�� �2L Thwdwiut mor --Comma AdkUpwidod-nme wt Ve " e woe offt $lGMB"2 fhao� YOU M&WndtDbeinuedeal li 20281LIfdw" Au&cWwwia1act OvdhmmeNO.-11-44:Bi1l1&--311 (Dna 3) 1yyew -paghm oatiel BM -jr 3ou have'lip d A Sttl C�Praads,�y�af Act, SY-C1LRA, etXMIM ]on mad shafts. C7 3 r. w�` � ��'tsefat � + abei:t d cr " oflb�od� ck"mNokstaai•teG»pof A. Cale `;O -Y Dan A- Cole P.O. Box 630 Keaau, HI 96749 Phone: (808)-966-9229 Email cole hawaii0vahoo.com Harry S. Kubojiri Chief of Police County of Hawaii.. State of Hawaii 42 � -7 2= i45 HAWAII pOLICE RE: Request for Police Records in accordance with Hawaii Open Records Law. Cc: Cheryl Kakazu Park Director Office of Information State of Hawaii FAX: (808) 586-1412. Phone: (808) 586-1400 Aloha Chief Kubojid, . In accordance with Hawaii Open Records Law I am requesting a copy of I . Any and all recorders, and/or the identity of any Police Records and/or 7 May 2012 com»*��cations associated with my appearances at your of in the Hawaii County Police Department Headquarters in Hilo, Hawaii on or about 2011 JUN — 6 PM 2:07 and 2011 AUG 23 PM 1:46, as identified by the attached document copies bearing the RECEIVED time & date stamp ofthe HAWAII POLICE. 2. A copy of the Hawaii County Police Department's Standard Operating Procedures, SOP's, and/or General Orders that identify how the Hawaii County Police Department is required to process complaints from the public in refea=ce to, United States Code 18 U.S.C. §4 Misprision of felony, 18 U S.C.§241, Conspiracy against rights, and 18 U.S-C. §242 Deprivation of rights under the color of law. I affirm my presentations were directed to you as Chief of Police, a person in civil atrthority under the United States, as required by United States Code, 18 U.S. C. §4. Misprision of felony. I presented to your office verifiable docon identifying the actual commission of a felony cognizable by a court of the United States idenffying Public Corruption and Racketeering Activity in violation of the Federal RICO Act. as identified by the attached dune 6, 2011 and Aug 23, 2011doaunwrits bearing the time & date RECEIVED stamp from your office. Thank you for your attention to this Hawaii Open Records Law request. . Aloha, row Dan A. Cole P.Q Box 630 Keaau, Hawaii 96749 Telephone: (808) 966-9229 Email: Cole Haw iib yahoo.com TO: U.S. Securities and Exchange Commission Atte: j refWD3JaQy.5003CXFRu:ref ] Re: SEC Rnl.e lOb-5 Viol FAX 202-772-9293 TO: Internal Revenue Service Fresno, CA 93888 Attn. Tax Fraud Division C E I V 'Lai IN -6 PH Z 07 HAWAII POLICE 6 June 2011 ^2 TO: Neil Abercrombie - v Governor, State ofHawaii Re: 15 Feb 2011 Request for Siete Attorney's General. investigation into or�ni�� government conuptzon and rac ke ing activities in the Comity of Hawaii, and violations of Hawaii Blue Sky Securities Laws. FAX: 80$-586.0006, Tel : W8-586-0034 TO: Harry S. Kubojiri Chief of Police County of Hawaii RE: Reporting of violations of Ffavafi Revised Statutes S§485A-501(an General. Fraud; MS§485-5N(ax3) Criminal penalties IRRSHR§705-521 Scope of conspiratorial. reladions;1IRS§485A-103 Refereace W Federal Statutes Re: Securities Act of 1933, Sec. 17.(a)(2),15 U -S.0 77a et: seq., eit aL; United Stades Code TTII E 18> PART I > CHAPTER 63> §1344,18 U.S.C. Bank fiaud.;18 U.S.C. §1961 of &e Federal RICO Act; a aL TO: Dominic Yagong Chaff Hawaii County Council Copy To: Ms. Mary Sellers, (wiffi t sttahmemb) Chief Risk Officer, Bank of Hawaii FAX: 808-5384007, Telephone: 889-643-3888 The attached documer io I iderififies, and is evidence of, a March 2, 2011 Hawaii County Mayor William. `BiEr Keno's c acy with Hawaii Cep Finance Director Nancy E. Crawf vd, et: aL, to, issue a TEN SON DOLLAR Series "B' Obl.igation Bolin Artie Nc#e, CU -SIP Number. 41969CAE6 and it's acoo� LR -S. Fo m. 803W hArmation Return. for Tax Exempt CxnvmmenW REF-INED = IG r °- = W E TO_ HAWAII COUNWPO= DWAR MENr co�►+�'� n. 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A Pason cowhe fdkmiW. if the person does any (1) Obbins. or amu control over the pmpuiy or servkm of a WdW with intent ID deprive anodwr of Popeny or services byg by word or conduct tim (a) Com bodily Wary in the hum to the person mad or to any (b) Cie damage to ar . � cue as defined is section 708-M to a cow cow gym, or COMPAler netwofft (c) ` tO PUBM 6waftned or any 01bW PMM to Physical Co (2) (3) (e) . A sOmpam of any or dose a penalbe Md'against some pawn; to (f) Expose -a secret or publicize an asserted fact, whedier trw or false, teadmg some p to bled, contempt, o ric�cule, or tiftnea*awxed person's MUM or buaiMs repute; (g) aity ' Gi [nation son& to be concealed by the person threat Beed or any other person; (h) Testify or pwvide iefar ion or widdxAd kstimony or infonw- tion with MMPM to a - - dws- legal claim or se, Mft or witted action as a Ppb tet: or c aum a public ser - vim to take or nnihhcod smh acdW #about or condaw a shilm, boycott, or Wier similar conective action, to obtain property that is not � or received for the b of the group that the dd% p� to �t- os (k-)Do� car act the v�d not nc itself sub tsliy the de- ft bat's is cam to harm person With respect to the dMufteed peroWs bib, safety, business, CA- W& c I otianallycompelsarmaces auxpersontriCappincondeaftm which hualMddetiDabgmkorio&st&kftmcm&jainwbich ano&whwa i r tti by 1hPPa1F ig by vw W or to .: do any of the actions -V* forth is Parapaph (1Xa) through (g, or Makes or Of dices eno e of � car caol�ts any CKICINion by �� mean& [L 1979, c 106. pt of §l; am L 2001, c 33, §31 eio.debeado s: mer' �te�c vt�a�a zed fa8od to ataOci to 853 F sem. 11x6. William P. Kenoi Mayor May 23, 2012 Mr. Dan Cole P.O. Box 630 Kea'au, Hawaii 96749. J�qY rT hq� S�•OF.uAv7 County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 • Fax (808) 961-8865 Re: Request for Police Records Pursuant to your request, the following is noted: Report is not available as: more information needed; unable to locate report. written authorization is required from parties of interest. a subpoena duces tecum is required.. Our investigation is being forwarded to your department: on instructions from as the incident occurred in your jurisdiction. Harry S. Kubojiri Police Chief Paul K Ferreira Deputy Police Chief X Other: Pursuant to your request dated May 7, 2012, we are unable to locate the requested records. The department does not have. complaint processing procedures specific to those sections of the United States Code that you reference in your request. We are providing you with the procedures that are applicable to all complaints. We have also enclosed an invoice in the amount of $3.50. Please remit a check payable to Hawaii Police Department. Send your payment and the yellow copy of the invoice to the Records and Identification Section, Hawaii Police Department, 349 Kapi`olani Street, Hilo, H1 96720. 'UM61 County is an Equal Opportunity Provider and Employer- Dan Cote May 23, 2012 Page 2of2 If you have any questions regarding this information, please call Lt. Ishii of our Records and Identification Section at (808) 961-2232. HARRY S. KUBOJIRI POLICE CHIEF. By LARRY. R. WEBER, MAJOR TECHNICAL SERVICES DIVISION LRW:Ih Enclosures TO: Hawaii County Counc, Dominic Yagong Donald Ikeda J Yoshimoto, Dennis Onishi EmilyNaeole, Guy Enriques. Brenda Ford Kelly Greenwell PeWHoffrnam FROM Dan A. Cole P.O. Box 630 Ktaau, Hawaii 96749 J -J'VED z'Inj TJ lu Fil 2 59 14 October 2010 HAWAII COUNTY POLICE DEPARTMENT RW- BY: --------- Porwe Repoallo ----------- RE: Filing of Criminal Complaints, Federal and State, against all members ofi-hiD Hawaii County Council as per Judge -Glenn IWs, 25 August 2010 statements from the bench, where Judge Ham is sure and agrees with the Plamtiff Dan A. Cole, that the Hawan County Counsel's refusal to act on information that identifies an innnfixat peril to the public safety, health or welfare is a violation of law Aloha Hawaii County Council Members: For you reading pleasm I have attached the Transcripts of Civil No. 10-1-82 August 25, 2010 Hearing, where you were Defendants Please notice The statemenis by the Court on pages 10 and 11, the Mpg of Criminal Complaints with the Hawaii County Police Department and &e Federal Bureau of hwestigatma, as identified in my testimony befure. you on August 17, 2010, Comm. 967-, (Res. 364-10) and Comm. 911; (Res. 381- 10), 81-10), cover pages attached hereto, in combination with the fomteen. phis inches of documents and records on file with the Court in this caw wffl establish a paper trail for your Civil and Criminal: prosecution for violations of Stale and Federal RICO statutes upon the overt oocuffence of the Court identified -I told you s%7 flooding event. t A rL �. Jia mH i COUWC- - DQIDlIItC YRgOHg- B mda Densis OnW EmilyNaeole yFadom BnmaFord KellyGreenwell Pete How tn FROM: Dna A. Cole PO.Bog630 .Keaau, Hawaii 96749 REC N i _• L(IT3I 1 t 14 Ocbber 2010 HWAR COt3NTY POLKE DOARTMENT r -BY Pare R RE: Filing of CAminal Complaits, Federal and -Stat , against all members of -the HawaiiCounty Cmin& as per JWw Glen l3a Pa , 25 August 2010 staff fi-om the beach, where Judge Hasa is mare and agrees with the PlainM Dan A. Cole, &at the Hawaii COMAy COUWWs ref sal to act on info on did identd'ies an immirmst peril to the public safety, health or welfare is aviolation of law. Aloha -Hawaii County Coin Members: For you read g.pleasum I hm atter OfCR - (2a K K-ELA August 25-,2010 whemyou. D the Court on pages 10 and 11, the filing of C: Police DeparWent andtheFeciend Burem a SG i - . _ -FQZ EAJT J j beEm ym on Am 17, 2010, Comm. 867. Q 10), cover paw mumbed o; is cow documents and records on fife wish the Cm 660 \x\ -)OO yom Civil and Cit gnei pro&=*on.for uponthe overt=mmm oft%e Cow ichff ed`11told ym W flooffevent FROM: Dna A. Cole PO.Bog630 .Keaau, Hawaii 96749 REC N i _• L(IT3I 1 t 14 Ocbber 2010 HWAR COt3NTY POLKE DOARTMENT r -BY Pare R RE: Filing of CAminal Complaits, Federal and -Stat , against all members of -the HawaiiCounty Cmin& as per JWw Glen l3a Pa , 25 August 2010 staff fi-om the beach, where Judge Hasa is mare and agrees with the PlainM Dan A. Cole, &at the Hawaii COMAy COUWWs ref sal to act on info on did identd'ies an immirmst peril to the public safety, health or welfare is aviolation of law. Aloha -Hawaii County Coin Members: For you read g.pleasum I hm atter OfCR - (2a K K-ELA August 25-,2010 whemyou. D the Court on pages 10 and 11, the filing of C: Police DeparWent andtheFeciend Burem a SG i - . _ -FQZ EAJT J j beEm ym on Am 17, 2010, Comm. 867. Q 10), cover paw mumbed o; is cow documents and records on fife wish the Cm 660 \x\ -)OO yom Civil and Cit gnei pro&=*on.for uponthe overt=mmm oft%e Cow ichff ed`11told ym W flooffevent 707-756 HAWAII PENAL CODE OFF (2) Electronic enticement of a child in the fust degree is a class B felony. (d) Commit Notwithstanding any law to the contrary, if a person sentenced under this section is a (e) Accuse sentenced to probation rather than an indeterminate team of imprisonment, the terms sc instituted and conditions of probation shall include, but not be limited to, a tern of impris- (f) Expose a onment of one yeah [L 2002, c 200, pt of §i; am L 2006, c 80, §2] tending to §707-757 Electronic entent of a child in the seed degree. (1) Anyto impair 1 (g) Reveal ani person who, using a computer or any ether electronic device: (a) Intentionally or knowingly communicates:ened or an (i) With a minor known by the person to be under the age of eighteen (h) Testify or tion with r Yes; (II) With another person, in reckless disegaid of the risk that the other (a) Take or wi perm is under the age of eighteen years, and the other person is vast to talc 0) Bring abou under the age of eighteen years; or action, to ( With another person who represents that person to be under the age benefit of 1 of eighteen yam, and (b) With the intent to promote or facilitate the commission of a felony, agrees (k) Do any oth fendant bui to meet with the minor, or with another person who represents that per with respec son to be a minor under the age of eighteen years; and (c) Intentionally or knowingly travels to the agreed upon meeting place at ing, career, (2) Intentionally con - the agreed upon meeting time; is guilty of electronic enticement of a child in the second degree - which another ha., (2) Electronic enticement of a child in the second degree is a class C felony. another has a leg do any of the Notwithstanding any law to the contrary, if a person sentenced under this sectwa is act (3) Makes or financ sentenced to probation rather than an indeterminate term of imprisonment, the terms extension of cre( and conditions of probation shall include, but not be limited to, a tern df impris- L 2001, c 33, §3 onment of one year. [L 2002, c 200, pt of § 1; am L 2006, c 80, §3] COMMENTARY ON §9707-756 AM 757 Act 200. Session Laws 2002, added these sections to etem cmumd offieum redat mg to clecUmc enticement of a child: The legisiatuve found that Act 200 addressed trite In RICO action, plaintiff did not e3ct wdM regw ding defendant's let problem of utnizing computer Wdm0Act �Cauumew Repart No. 3&M ftSeIII � *117d1-756757 to men" at kvs am incar- of cention for defendants convicted of enticement of ackId. Act 80 provided a mems eans m effinte [§707-7G5] ExtOrtio the safety of Hawaii's c>t> &M eahaeoe cae , and impt p enawm Mid= _ who prey on the most vulnerable members of the maty. Conference Cc®mitft Report No. §707-758 REPEALED. L 2002, c 240, §11. Evidence' mfrldcut to convict d aLlae from brother and gave it t money_ 103 FL 68 (ApP.)� 79 P.3d [PART VB.j EXf+ORTM §707-769 Ddenses t (2) If the owner of til §707-764 Extortion. A person commit& extortion if the person does any eficiary, it is a defense to a l of the following. 707-764 that: (1) Obtains, or exerts control over, the property or services of another with (a) The property whi. intent to deprive another of property or services by dmft ing by word erted constitutes or conduct to: (b) The defendant ;n (a) Cause bodily injury in the furore to the person dneatened or to any living together at other per; x* (b) Cause damage to property or cause damage, as defined in section [am L 1997, c 383, §611 708-890, to a computer, computer system,. or computer network; (c) Subject the person dweattmed or any other person to physical con fitrement or restraint; Only the subsection amended is, 90 - OFFEIITSES AGAINST THE PEMN 787-70 (d) Commit a penal offense; (e) Accuse some person of any offense or cause a penalbe instituted against some person; c8e to I {f) Expose a secret or publicize an asserted fact, whether tine or false, r' tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute; Frsx-' L (g) Reveal any information sought to be concealed by the person threat 4r','.i `i.�N ened or any other person; (h) Testify or provide information or withhold testimony or informa- tion with respect to another's legal claim or defense; (i) Take or withhold action as a public servant, or -cause a public ser- vant to take or withhold such action; 0) Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent or (k) Do any other act that would not in itself substantially refit the de- fendant but which is calculated to harm substantially some person with respect financial gond; tened ms's nth' �, business, call- ing. career, ; . (2) Intend condition, on, or P relstionshT onally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from cond=in which another has a legal right to engage by d eauming by word or conduct to - do any of the actions set forth in paragraph (l)(a) through (k); or (3) Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means. [L 1979, c 106, pt of §1; am L 2001, c 33, §3] Case Nates In RICO action, piaindff did not satisfy esseaw elemew of=ftartion and failed to estab1,h extortion iegardmg defrAdanes lamer to plainW. 855 F. Supe. 1156. [§787-765] Extortion is the first degree. Case Notes Evidence sidficient to conic defWant under this section; evidence slowed that victim borrowed $1.100 from brotber and gave it to deftndant when victim borrowed the money, it became victior s more}. 103 FL 68 (App-), 79 P.3d 686. §787-769 Defenses to extortion. — (2) If the owner of the property is the defendant's spouse or reciprocal ben- eficiary, it is a defense to a prosecution for extortion under paragraph (1) of section 707-764 that: (a) The property which is obtained or over which unauthorized control is ex- erted constitutes household belongings; and (b) The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct: [am L 1997, c 383, §681 Revision Nobe Only the subsection amended is compiled in this Suppteinem. 91 ! TO: Robeat S MWIM Bt Dh ec#ur Federal Ewrem.oflnv o. J. Edger Hoover Bigg 935 P vanbAv NW WasbiOgtoo, B.E. 24535-0001 FROM Dan A. Cole P.O. Box 634 Ktaau, Kwan 96749 SUBJECT: Hawaii County Police Depart Retaliation against a witness, Victim, or an informant 18 USC 1513 RE: US District Court case Cole vs. Cownty & State of Hawaii CV05-00325) S Dew DirecWr MaUer, R El 11 I .. E[!n Vs ["A i i ',im W_F—M, !i! >kI ` i[;.' i! i[ - :ER'4 �-;F a[_4- i :!`z ii?' -#■,i'3 iii- �•l;i;€lli; E i 3 yfl t;3 i t 7;'s- ..fi Mfi! -71t t �%tR: - i[:- i h 1l;4 Esti 7'��'tt:5� t sr.'1•'r,[i #7. tib .� j i} R.e;" ! _'} F! t 1i:� L i-057- . -77,WiI-T.: i4 ;IN mrR E1.M{f.i.- T� � Sf�e Of — � for Tie +C s} AfreA m &e Di, and Ccxrrt of#he Third 1A3 hdwj is atdmind vkdadII of 18 USC 1513. Retaliating agabist a WhMess, Victimm, ora (by paWl which is a local JelAsian cubucdly mogubmd sofiaml, and is mod tD be aflffent and iidafim ib persuade .metD end mylegal acdoas befote the USCoatt tbat would or conbob dw acdom if ibe ikwaii Cotmjy Page Dept and ffie ami wide bias is &e rambof Hrmm County pie Officer& The Tic Accu mart of Off= Lcvm P. SWvms (1S84571 cm.112i12008, is comms whh pha oqplic due an is-etlat Ehmfiton Cok was not involved in an accidea and did not Leave fhe acme of cdm and hil to aepott The Wskuy oi=&Whie bias indo Pefice PqwkmeK 4mad Om P©lic aae fad fm eufiwdng&e bws why and an whathey w , creating an 1sequest dnatWs lettwbetas-a"Cenq)'forviohdiowof18 USC 1512 Tampering with aw , victim,,waa infamma, and a violaam €f 19 U -SC 1513 . a vahw9s, vitro, or an 3�i, ThmA you for yaw auenfim in this matter. closed: Taffic Qufim Mmes. 5v, 2-1 i ) JAN 18 2009 QTS Court mofim CVQ � CI pop) Defendant CountYOfHawai, W, paW 1.(1PaV) 23Oct 07,1r11DL. Kmomw FBI &AW,,,(31 6Nov 07, ktW toLawngm&166mg,PcboeChK(2pWS) CQ US Rep.11de K HkQW� Rwwali), ft 202-225-4997 U Off. Anna R. MeM k., Eft �-1 fax SW5N-W1 Ponce tK Lam I. ems, Can* of Hawn, Am -SM9614M5 item 4 if i�esinGted Deiireiy M Print your narne and address so tl iat we cane ft CM IM. ASF this card to the back' or on the frost it space perrd t_ Article-A*kessedt 3 . r"- FBI . J. Edger Hoover Building 935Penusglvaaia Ave, NlW Washington, D.C. 20535-000 t ! Q Addremee X ft debay addims dfttx 'ftw Mm 1? Cf Yes ff`YE3. etd 4Je%mry address bdw. O No SWAMTYM Cerwed ma Qi 0 P--mbm4 Q Raftffn Recrost for iwvtmncfBe Ci !ns[s$ Ma g QOM 2. Arbde Numbw Ow ftm rb* �.� 25711 MG1 1926 7761 PS Form 3$1 f, 9 MI "A" Agxxb P, cXOMMIM Phone Lmtedg�s 32$-ij�+ i}2:3p7 950 PCRmlyfva*Avenjr,1NW %Afigha, DC MmAwl W Edvwd IEL gem 8A&-_ United �� fix �-34I-295g ancy ce 301DAta .%jjefi0() -fin, M 9"M US M 4 C X R 3 n WI WA J L #. 13680M C6183dW 961- !'tit: f; ,T 1 2W7 C L t:Q11 PLAM l��V�tA. t�E�ed �eariac=s byfifift � far'oio�sGoasafadti�'�8 -QWS. Thbt3isfiiedo°1�dr3:S�C Sbd5Qf LinST A&W CoVenfim Comma aw€�eCountyam, Header� _ -..:. and SIOW CAFMAp, Fc �• _ J' K r TIw mon hercio aftSched,TAB-A- . 23 App 2007 low, faked aaci rept d y andthe, b,,,, for itself and dbe non-r%gy tD Said mon Sta is a, de foci, admission by *e, CMUntY pct Staff of o Hawaii of the cnWWaftons by public ofcah aOmnst the rights ofa US violation of 18 USC 241. C.,Vh.W The doxsmemtaft-oa heireto attached uWer TAB `S ; Revised Swute 3421130 'bition. MS 342H-1 D and General Pm ,8!10101 ftsftmony ofGordontea, Mand K and Paul Nash, '2� CMW of Havwau, to Todd Nkbols, &Mtigdor farthe She of»u Hcalth DepL andthe November 26 2001 lei sib Skvexc Y_ K. Changes and the ttcea�a speaks for itself and is proof of a conspiracy an the past Ofpad Nash and Gor4m Csota. to defiaud Me US govt and pyo fof a vioiahm by Swum YX. ChMg Wn4mng with Odw public officaab to violate a cdti z�s ideft 40f equal prolbM*M o€ail laws as seamed to all CWmens under the Foudteenih Ameacdment. The dommamtedon he. MD a under TAB "C", in MmbivafiW with rem couvamfiow with Wormy Afilch Roth, Hawaa Couaty pumugers Office and at#omeo Kadken Ho, aad fium the:StaAuurm7 cxwegab Office, between Feb May of2045, is acomdmwe with thePrvisiow of 16waii Pend Code 711-1111_ Violation of Prig,, provide profHnvaH and Coumty'Officiab COnspired to violate 18 USC 241, and Uwd offlid ice tD MiSt in order to hinder or Prevent aP on, trK ori lbisu& uviols M of19 USC 3. 2. i A&C fat The Police � � t Coif. e oft � c��iofi'�ea _ ��a P he loffidalswho d-nied him his raciwly ���O�II��ontotbe� go �COMVfion and rt woe & C -14F and stab+ Oneromcntsin Hawa& Wached under TAB &Tp,isthe eve ©faMofim befom the US Coutt 80l IMOvides a time line and ids p o wish involved in or inffummot by OqMized cmmPtka in *e COM9,.d ofHavvad govemmeft and the is ofihis wed c� � � oft US �aztment of Justice o$ices and US. Court offices In &e 1W Strwtofl,due coarse of3�c� and the demW,� a4 , by the US DATED: 1 May 2007, 3. Daa A. Co3c U.S. Ciiizen Af�� Aby4� 2007 COWY Of Hawaii POLKZ DlftsTAfR4rr Oft -935-3311 FAx (We s r =9 3998 L- x Pofe ($i - Rmlomd forWweofStj 'W Dm Cole tip and Mous was ow via prioa lfiisMBUW UnWmID zeVand - �&imzv xmug w�. t° we ire sski 3g far m-WCCS 96I fed wee F s t A�tivr Th mk you Rw yaw aUmalim ia*is meow Jim 4 't1�..yraa��gmt7rrann�r�• Hwz7' ni Ime 7, 2007 Mr. Dan Cors P.O Box 00 Kcam H=Pari 96749 CaUntY of Hamraff cSlses-3311 0 FJK9Q-$ass Imes K Mahun Pear ce Ckw HarrY&Kubqjhj DgpaypoAm GhW I would also llm tD td= tMs apportunitytD cameo a W06 affects centained in yaw Jhme 4, `2007 lettm On May 31, 2007, MaJOr Jahr Enda. cif -ter Achn1 ve Services with ym via ftjqAOW regwdm-g his matt lt3a arEnanaria. udomed, you that `No seapoase to these docmncmft is xcquimd at fts pant m Umar by the Police Tfmk you fan g -fir ins t+o OW MOUtion f 11ban- s=EqudOOpomm&yPmvMmand Mr- Dann IL.. CoZe P.O.' Box 63-0 K@aau, HI 96749 Dear Ir. Cole: -_ �•-/tri/ �.;rr:-t :i: s° . 3NAW686me, RM i May 31,.2007 We axe are is rvmedpt offacsimlle dated May 11f 2007.. p resonse t+o i �ry , On �y 3, 2007, our office received yr�ur correspomdeace entitled :Ckimi nal GdgVj ate' sat . a Ham, the U- S - Attorney • s Office for the district of UMMI . ,-ter �,�- Mdted States o€ America in. the PP=es�ty -s the united St_ aces: and is ate, ease v€ �� Aima aar�;ae - .ve clams r� Imaha3f of the U States. This Orfice is mirt apted tigati�"�,�t n,or t� we Xpres�ent individual litigants. �t na Iega action i$ taken With respect to 3� Xr being emmentat n addition, ym reques ted. motion tb+e weary foil a. POIA r _ .'All FOO& xvquests aaast be signed and shitted in V=tiag _ to the fo3.IOwing mess : Ff3iA,�Ptivacy �ta€f Rmacutivs Office, €err Hbited, States At wneys 600 H Street, N.W. (BitN ROOM- 7300) Department of justice _DC 20530-at3tll (202) 526--5757 - - FCW fmwtbje Contact the st , �,%ormati4M�are3_ Vol& .refit s; please - ce for i�nfted States very yYours, MMKIRD H. MMQ, �H- `.meted States racy trict o€ Hawaii, A. _--� Paralegal :laa Bitty Kenoi Aftw Lincoln S.T. Ashida Corp0ra6Dh Counsel Gerald Takase Assistant Corporafion Courser COUNTY OF HAWAPI OFFICE OF THE CORPORATION COUNSEL 701 AWtW Sk*4 Stas 325 • Hft "MMI gffr2D- M . (808) M-8251 . Fac (808) 961 -em December 2, 2008 Sent We email: no hard coov will follow Honorable Lawrence K Mahuna Police Chief Hawaii Police Department 349 Kapiolani St Hilo, Hl 96720 , LMahuna a@co.h–a—mli.hl.us-- Honorable Jay T. Kimura Prosecuting Attomey 655 Kilauea Ave. Hilo, HI 96720 Jaytkhi0vahoo.com. Dear Messrs Mahuna and Kimura: RE: Dan Cole .' False Reporting to Law -Enforcement Authorities Our Entry NO.: WRK 08-2513 Please consider this letter a request for an investigation of possible criminal action by Dan Cole. On or about November 29, 2005,1 received a copy of an email purportedly authored by Dan Cole (enclosed Hereto as Exhibit 1), alleging various violations of This 18 of the unified states Code, wed against various County of Hawai'1 officials. Recipients of this email included united States Attomey Ed Kubo and Hawai'l County Prosecuting Atbomey Jay Kimura. - Mr. Cole alleges in his email inter alfa as fours (emphasis supplied): The filing of the PETrnON against Cm mcii Member Emily Naeole, was, and is, my atempt to comply with criminal Title 18 of the United States Code, Section 4. h isprisiaat of Felony, as the doanmentation submitted to the Ethics Board, where as the County of Hawaii Board of Ethics is defined as a civil authority under the Wa*WY County is an Egr au OAmdunNy PraZviderand Empby+se 9S-COPH0+ OM RIDIML MCH FUM IN THE 3" CIIi`= COURT, •.fR.'A—.—.—I1!:,%7- to t Anaft AA4A1La V% 1! Honorable Lawrence .:. ahuna- Honorable Jay T. Kimura December 2, 2008 Page 2 . United states, is a co1%ction of tmcontested and verifiable documented evidence of the existence and history of an Enterprise engaged in a pattern of criminal violations of the RICO Act, to include but not limited to, 18 USC 1512 Tampering_ with a witness; victim, or an informant; and 18 USC 1513 Retaliating against a witness, victim, or an informant, as is evidenced by the Stipulation attached under TAB -"A" of my PETMON when in the County and State of Hawaii, where the State is represented by State Attomey General Mark Bennett, and the County of$awafi represented by County Corporation Counsel Lincoln IT. Asbida, bare stipulated in U.S. District Court before U.S DistrictJudge J. Michael Seabriglt as Pad in the Court on FEB 13 2008, in Civil Na 05-00325 JMS-BMX with no Memorandum in Opposition to S oulation, or other ple aftW in opposition to stipulation filed with the Court by the County or State of Hamig the County and State of Hawaii Stipulate: STIPULATIONS ►'As all adverse parties are in agreement it is stipulated that the Defendants, County and State of Sawa% by and through the actions of dkeir agents did threaten the Pkdoaff W& the intent to in, haexce, delay, or prevent the Playstrs testimony in an official praceeagrig, and retaliated against the Pladatiff, Dan A. Cole, by depriving a United States citizen in the jurisdiction of the State 'of Hawaii, ofhis rights of Dae Process, and Equal Protection ofthe Laws asguararsteed by the Fouitesnds Amendniertt of the United States Conson. " Previous documents suturined to our offxre include a pleading apparently filed by Mr. Cole on May 20, 2008 with the District Court of the Third Circuit entitled 18'U. S.C 4 Mispdson of Felony NoWde ion of Wolaitons of the RICO Act by the Hawaii County Pofice Deparftrrent (enclosed hereto as Exhibit 2). In reviewing this document, Mr. Cole includes a pleading entitled `Stipulations' containing the heading and case number of a Federal Court lawsult actually litigated with our office (as legal representatives of the County of Ha" i). This "stipulation" includes the exact language cited above in Mr. Cole's email. Deputy Corporation Counsel Katherine Carson, who successfully obtained a dismissal of the Federal Court case filed against the County by Mr. Cole, verified that the purported "Stipulation" was never agreed to. by the County of Hawai i. Mr. Cole's statement that as Corporation Counsel I `have stipulated in U.S. District Court before U.S. District Judge J. Michael Seabright, as filed in the Court on FEB 13 2008, in Civil No. 05-00325 JMS-BMK,' Is completely false.. I am offended such a false representation would be communicated to the United THIS DOCUMERT'WAS-COPED FAOM JUDICIAL NOTICE FIIM IN THE 3RD dicurr coupT, - eTATR nF RAWA7i C i"i Na 10-14M= 2010 MAR 16 Honorable Lawrence Mahuha Honorable Jay T. rimura December 2, 2008 Page 3 - States Attorney as. well as the Proseixuting Attorney for our County wherein Mr. Cole seeks criminal prosecution against County officials. Section 710-1015(1), Hawar i Revised Statutes, as amended, provides as follows: A person commits the offense of false reporting to law-enforeement authorities if the person intentionally makes a report or causes the omission of a report to law-mforc ement authorities reiaimg W a crime or other indde nt withm their concern when the person- knows that the information contained is the report is false. I fully support the right of all citizens to seek redress by their government and to freely express their opinions and views without fear of criminal prosecution or other sanction. Further as a former prosecutor, I appreciate there are often criminal complaints made against individuals that may be frivolous or without legal mea However in the present case, Mr. Cole has not only made a material misrepresentation, but has fabricated a federal court 'stipulat W and represents that it has in facet been agreed to by the County of Hawaft Mr. Cole does this in furtherance of his desire to have County of Nawarrl GMcials criminally investigated and.prosecxr#ed. Thank you for your attention to this matter. I invite you to contact me if further information, or documentation is required. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel Encls. LF: VM 08.251312.2-08 Lauber b HPG and OPMLSAW THIS DOCUMR& WAS C OPMMOM JUDICIAL NOTICE FILED IN THE 3. CIRCUIT COURT, STATE OF HAWAII CNA No 14-1-4082-2010Int R 16 --}fit,a. Til 01/26/2409 DAN A ODhN . P:.4. BOX 630 K$AAU Si 96749 a FAXast.419s _ j� ��j 4M 83 - 834-3= .,yam WE3i'HOM umrr _ a��• _ ��SC.SiAiEiSQ ' MWE OF TMIROSECUTM ATO FAX -=.65U Police Report No: 008033254-002 Charge (s) : EaRASSNEWt Next Sweats $CSD ;TCB Date of Q€fePse: 12/29/08 _ This. -letter is . to inform- you that oer OfiUce has received; a pol report indicating you mere_ a -wiIn the above case. The report is curreutly being raviev ed to "r t if minima .des' can- be pursued_ - We cast release the suspectTs at this time becausef charges .have not been f;aed- Her. If gnu. Rian3 A have amy qu about the CrIMU'Lnea justice Pte= or of you have chard youw a4dress or phme amabert please coact_. _ The Victim/Witness Assistance Unit- Phtme No -."-934-3306 Sincerely your$, TWs document was copied-ftom court records Med in Civil No 10-1-0082 in the 3d: Circuit Court of the State of Hawaii on 2010 MAK 16 PM 1:50 r- tl.rarr�rwsI­ 0111"Ov- . •• Lkxx)tn S.T. Ashida Wilhan P. Kenai - CoMaDfion Counsef Kafue A. Gerson W. A sbhkrtt Corporaffm Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 AuPW sheat sine 3W . Fac: n 98 20 4M • (SW 1181-=51 . FM (MM 1161 -MM May 5, 2M Honorable John Def Chair, Hawaii County Board of Ethics do Hilo Lagoon Cer*e, ShL 325 101 Aupunt St. Ham, Ht 96720. Dear Chairman Dili and Board Members: RE: P.2009-03 Complaint flied by Den Cole Thank you for ad wdkV me the opportunity to respond to the allegations brought by Dan Cole in the . pedtion.. At i sin still not dear exactly what crime Mr. Cole believes our oifioe orl have coninAled against him or the public at Iarge. In any event, the enclosed least sent by our ofte on Decembw 2, 2008 to the Hawaii County Pole Deparbrcent and the Office of the Pig Aftmey may assist the Ethics Board in its ararlysis of Mr. Cole's In surn, -I respect She right of any c0izen to seek redress before their government; Mr. Cole can best be described as a vexavous; Dant. He hies numerous u MU. 4.1 -lowm ed and deftndwy complanits;• Given his tatory of atlerrpling to meet wish me p*aUdy and then mise epresenfing what was discussed, I now most with Mr. Cole -in the front of our office whin eaMshot of the wo-elarl6l staff whermw he appears unannounced at our olbce. Based•on the fawomg and the encbsed aitachrmint it ft molly requeeftd Mr. Code's petition be dmbse& I wA appear at the Boards meeting when this peNon is how4 n order to answer any quesftm yw rimy have- Thank you again for allows me this opportunity to respond. vwy truly yowl, AsMda. Linook lAOp520M 12:53 PM LINCOLN S. T. AMDA Corporation Counset -Nawar i County is an EWW Opporhm* Provider w d Emploj w 6110109 BOE`minutes - unapproved CHAIR: You do have dW right to request a formal hearing, atwkwh time I think we have a much more broader scale in subpoenaing and whatnot And my intention is not to hanper3'ounpm' the process, dw'sYow rightas anAmerican I just certain things things don't pertain to this Boars; andl dk#*we've got to make sure that all your interests and needs are beingme4 but we've got to do it under the correctform— COLE: And the interests and needs ofthe people: CHAIR: Correct That's why we'S a here, right? Okay, so I have a second a motion and a second, some duc=orn Any other disc union? Okay, all in favor say aye. (Ayes heard simultaneously). CHAIR: Opposed? Okay, it's carried Thrnrkyog A& Cole_ We can move on to Petition 2009-3. b. Petition No. 2009-3: Petition alleges that a County officer or employee violated Section 2414 of the Ethics Code (conflicts of interest) by rendering a legal opinion to the Police Department to take Be action on a criminal complaint filed against him. CHAIR Petition alleges that a Courcy offlcer or employee violated Section 2-84 of the Ethics Code, conflicts of interest; by rendering a legal opinion to the Police went to take no action on a criminal complaint. kd agawW hu& Just to start a f, A& Cole, I'm geeing trouble seeing exactly where this conflict of interest was and haw it pertained to the section of the Ethics Code tw yon are citing: Again I refer to rule 4.5, 1 believe, int --I think the word was hypotmtical We cannot—we cannot, again; rule on hypothetical sitxurtions and organized government corruption dWYou �-e stating in your petition. Again; I don't think d falls under our jurisdiction and whatnot I'm just not sure exactly which provision you're citing in the conflict ofinterest, 244, and yov'11 have a chance to address Before we go on—sorra, Lincoln we justgot started We have petition 2009--3- Again petitioner Iskk Dan Cole, and it relates to ethics section --the Code of E ft -v Section 2-84, conflict ofinterest I was jWt saying in my review of flits, l was haying trouble, number one, seemgwhichp vwsxn itper owd to andalso whether or not the majority ofthese accusations fall under our w7J&ction. Mr. Cole, you want to give a brieftestimony? I'm sorry, hold on a second Board members—anybody have anything to sub' from the ounet? Okay. Come up and provide some brief tewmtotry on this petition COLE: Yes, the complaint ofconflictofinterestarose after the Freedom oflnfbrmation Act I received a copy dated 4Ul K memoran d uii from the Police Depar#nent I believe that is attached to the petition, from pawl K Ferreirq AclagPolice Chief, toLmCob, S T. Ashida, Corporation Cozwwl, with attention to Brandon Gon=k7 Deputy Corporation Cowwl- Subject; review and comment of criminal complaint re Dant A. "Cole the very nalm 4Wie cov%ct ofinterest is OW LHWO&Ashda is in fact the Covporation Counsel, no matter who reviews or gives minions tri a Cosmty board or a County ageruy as the Police D?epart:nem is in fact the opinion of the Corporation 23 f G/10109 BOE minutes - unapproved Counsel Lincoln S. T. AmWda. Be is appointed as C authority cmd the responsiLiliO, fog. my4°mon Counsel and has the a $opArurns. whether he can transfer the rny, cannot transfer the r b'&y t, f� to opinion was requested about his name acrd S oP�ons The fact a legal c� and a le al appearance and actions in a t�iminal g opinion was in fact rendered makes it a coV%ct of interest in whichMr: Ashida would pr'ofrt by not belt chargedordorprosecuted The documentation itselfclearlvspecdrs for itself, and n for itself, and again idea ' es a s� g documentation speaks conftct of interest where apparmtly A& A.shida is PMfifing by his acdonx However, this is not- Orta --Wtless we could actually j*mf, tesftmorn and subpoem people m order to expose this; basically again, we're getw?g back to this vehicle of legalficdon here. The corruption ofthe corat is well rioted The racketeering and ii fluence ofM&viduals is well toted and dxamented Mr. A& da obviously feels sorryfor me, as he quoted in the paper_ I do not eel so �r sor►yfor the a�zens o the f rry en hq .� people of the island who have been in� fXicted `that a legal opon rp '�° fact iwhich he waspersona rnvo ICe Department to take no action on a matter n lly Ived, which could extend into criminal wiokdon— COLE: Yha r& you very much. CHAIR: Mr. Ashida? ASHIDA.: Good mornrng_ ASHIDA: I'd be more. than happy to answer any queWons you have. I submitted a When statement to the Barad I believe under your rules, those communicmons remain confidential. Personally I have no problem with that document being publicly released, but I think thatperhaps you should show it to A6Cole, because there are some items in there dwperhaps he would mot w ompubhcly released Butas far acsl'm concentea4 I have no problems with it being released, CHAM: Just to clarify that's the—# xW S the comrrurnication dltedM 'a yS, 2009? ASHIDA: I don't have it infront ofine, burl &inkl onlysubmhW one letter to you. CHAIR With some exhibit., correct? ASHIDA: Yeah; I think that --yew MCHOLSON: I have a question 'HAIR Please. 24 COMMIrIEfONAPM OPRWQV) , CHAWMAN CJVAMM COMMUTIEEON 94MAN AFFANI.S DBMX2ATJC STEEFF1G ANO COORMMM COMMtliTEB COMMRTEE Oh RULBSANDAMWSMRMW JOW COMM M ON PROWFUIS Mr. Dan A. Cole P. 4. Boa 630 Keaaa, Hawsu 96749 Dear Mr. Cole: s Ufilted e5Wn o%m= SURE 722, HART SENATE OFRM-BULUNG WASHMG OK DC 2OW-FiO2 i2= 714-3U4 FAX (202) 224-{747 May 29, 2009 P KEM FEDEM eUu MG tea�o U. �s 90850-4s on 541-2542 FA ON saw M AUPUNI STRWE NO 205 Han, 1* 9572"n, amass -a" " FAX(000 M -6i83 On behalf of Senator Inouye, who is curr+ex* away from the office, I Would like to thank you for your correspondence re wdiiig your concerns about corruption in the Hawafa State government. I have -forwarded a cope of your eorrespeadeace to the -office of Attorney General Erk Holder, for bis comment on your concerns. I will be sure to share with you any response that I may receive. Thu&you again for w wmg. JC:em Alo - �t, -•:. eye Com . u r �! COPY 128 Cwwrgm "OUM WASMOOk OC 2M5 FA)c (M225 -4W $204 P4MfCE KUMO FWw,,, "ONOLULU. It SBM -4974 +SO -OM �AAllpiOtj��� �G WAM KAUAI /NnMU 245-1951 LANAI 242-1818 Monti SMI -01W ��.houseg� Dan DmnlmvWd Sperm Amt inCUM . FWuF�d Diviaion F� 300 Ala Mama Blvd. t 96813 Deter W Dzw7ewd: Re: DwA Cate P_0 BOX 630 IN 9W4 Cffi�WAMSSE '�. wom " a AM jll�"'" J* 3, 23 ata a copy after _ Cole's %domed ofa t 23,_21![13 a and letfertn F afttreHawau Trigid - a co" Mr- COk Iris is� a &M &C Federal Bgmm ar wM liption (PIM in couneclion . Yo�a��o►�: C�'s�Ibago�jysPP. alchr., HOCASE Umbed C ' Hawan, SecondDistrict 0 M166 4mawmmnm FAX TRAMITTAL: Nine, (9), pages total. FROM: Phone/ FAX: (808) 922-9229 Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966-9229 Email cole hgM a4 j�oo.com Governor Neil Abercrombie Governor, State of Hawaii FAX: (808) 586-0034 Phone: (808) 586-0006 29 May 2012 r.v RE: 18 U.S.0 §4 NOTIFICATION TO RICO ACTIVTIES OF THE HAWAII COUNTY � POLICE DEPARTMENT. Florence T. Nakakuni U.S. Attorney District of Hawaii FAX: (808) 541-2958 CC: Sylvester Daughtry Executive Director Commission on Accreditation of Law Enforcement Agencies, CALEA FAX: (703) 890-3126 Phone: (703) 352-4225 Dominic Yagong Chairman Hawaii County Council Aloha Gov. Abercrombie, & U.S. Attorney Nakakuni, This letter, with attached documentation and the language contained therein, speaks for itself and is verifiable, SMOKING GUN evidence that Hawaii County Police Department, et. al., is in knowing and knowingly violation of United States Code 18 U.S.C. §3 Accessory after the fact to RICO Act violations identified under 18 U.S.C. § 1961 Definitions, Racketeering activity. I bring this information to your attention as required by, and in accordance with, United States Code 18 U.S.C. §4 Misprision of Felony to acts and actions of Extortion, 18 U.S.C. 1344 Bank Fraud, et al. ,,The attached documentation identifies that Hawaii County Police Chief Harry S. Kubojiri, et. al., in violation of 18 U.S.C. §241 Conspiracy against rights, l8 U.S.C.§242 Deprivation of rights under the color of law in violation, for the alleged and averred purpose to commit violations of 18 U.S.C. §1584 Sales into involuntary servitude, did knowing and t. I LE �.r ` l■ ■!! n- t7L knowingly deprive a person of their State and Federal Constitutional rights and freedoms as guaranteed to all persons in the United States by the First Amendment rights and freedoms to petition the government in redress of grievance, and by the Thirteenth Amendment that prohibits involuntary servitude It has been alleged and averred, with supporting and verifiable SMOKING GUN documented evidence, of the existence and membership of a "Local" RICO Enterprise organized and controlled by and through it's members belief's and/or adherence to "Local" Japanese cultural, ethnic norms, and/or school or professional associations, such as the class membership roles of the Richardson Law School. This, alleged, "Local" RICO Enterprise influences, controls, and/or extorts County, State, and Federal officials and offices located in Hawaii, to include the Judges and Officers of the Courts of the State and Federal Court systems, the -U.S. Attorney's Office, the FBI Hawaii Division, State of Hawaii Governor's Office, State of Hawaii Attorney General's Office, Hawaii County Mayor's office et. al., for the benefit of the Enterprise and it's members. It must be construed from the attached documentation that the Hawaii Country Police Department is using the good name and reputation of the Commission on Accreditation of Law Enforcement Agencies, CALEA, as documented justification for their violations of 18 U.S.C. §241, 18 U.S.C.§242, and 18 U.S.C.§1584. Thank you for your attention to this 18 U.S.0 §4 NOTIFICATION. Aloha, Z� �. &0 Dan A. Cole Attached: 7 May 2012 letter to Hawaii County Police Chief Harry S. Kubojiri, RE: Request for Police Records. (1 page) 6 June 2011, letter RECEIVED by the Hawaii County Police Dept. RE: Reporting of violations of Hawaii Revised Statutes HRS §485A -501(a)(2) General Fraud; ... 18 U.S.C. §1344 Bank Fraud; 18 U.S.C. §1961 of the Federal RICO Act, et. al. (1 page) 23 Aug 2011 Complaint TO: Hawaii Count Police Department. (1 page) May 23, 2012 letter from Hawaii County Police Dept. RE: Request for Police Records. (2 pages) Hawaii County Police PROFESSIONAL STANDARDS, page 1 OF 7. (1 page) Hawaii County Police Dept. DISCIPLINARY ACTION AND PROCEDURES, page 1 of 7, (1 page) ► Q ' - X3 1 rL11 SEP6 16) RECEIVED72T1 SEP -6 ) V SEP 6 .� 12 Z 4��: ,E.. HAI, P=t POLICE U fi t ) QFiCE Of THE MAYORyagcmg .,-►��#=Yiv Dominic > C) HawaiiComityPolice G�iei RY a County Council Chair. U-1 —` � C)1�aYD R u Hawaii ` �z W U LLI VED] C, r" S6 2011uiu rice of ) ) Daniell( thou ) ) U.S. Senate } ) Daniel K. Jamye Daniel K. Abdm Ned Abercrombie U.S. Senator U.S. Senor Hawaii State Governor PdAa Co mpt on Aided by the flowei Tribune--HeraW From Dan We (cow kmei@yAoaAom) — - _ to ! r r• ►: 1 71 cc: GWndL LWKjWnWbW-0r­� C! .00=11',newswww4nowcom vAdgakju net Date: Swxky, Se *wnbw 4.201112:07 PM Aloha. Sworn Public Officials and Members of the Media, In response the the Hawaii Tribune -Herald's, Sunday, September 4, 2011 Front Page -News Article, by Peter Sur, Tribune -Herald staff writer, "Most police complaints disnussed", I have attached a COMPLAINT that the Hawaii County Police Department refused to allow to be filed against Hawaii County Mayor William "Billy" Kens and Hawaii County Director of Finance Nancy Crawford as yet another example of Smoking Gun Evidence evidence of how the .Hawaii. Trio, a Herald, and all the Stephens Media LLC publications on the island -of Hawaii, which is ALL the published news media on the Island of Hawaii, knowing and knowingly aid Public Corruption by covering -up, or refusing to print, news of organised Public Cmuptionin. the governmentof the County of Hawaii.. What use is a Police Commission if all they do is refer Police Corruption to the Hawaii County Police Chief who by verifiable evidence personally approves of the Public Corruption as an apparent member of the Local Japanese RICO Enterprise and the Police Department's deprivation of the • People's State and Federal Constitutional rights and freedoris while Under the Color . Of Law. The attached COMPLAINT was RECEIVED by Hawaii County Police Chief Harry S. Kubojiri's personal secretary at 2011 AUG 23 PM 1:46 just before I went to the Hawaii County Police Depar maws Receiving Desk to file the attached COMPLAINT in accordance with Police Regis with Hawaii County Pbbce Officer C. FRANCO Badge# 391 at the Time 1412, ( 2:12 PM). - Officer C. FRANCO, in a tape recorded conversations told me he could not allow me to file the COMPLAINT as per instructions of his Supervisor. The refusal of Office C. FRANCO in a pattern and liistDry of the Hawaii County Police Department`s refusal to allow COMPLARM to be filed for acts of Public Corruption is "Smoking Gun", "In Your Face", -Bitch-Slapping`, 'Verifiable Evidence", of organized Public Corruption and the Deprivation of the People's State and Federal Constitutional rights and Freedoms to Petition the Government in Redress of Grievance. The. Hawaii County Police Department is currently undergoing accreditation by the Commission on Agitation of Law EnforeenwM Agencies, Inc., Cwt with Maya Mitchell, FAX; 703-890-3126, as the CALEA Program Manager overseeing the HCPD accreditation process_ How can CALEA even consider accreditation of the - Hawaii County Police Department with a well documented pattern and history of such vulgar violations of the People's State and Federal Constitutional, rights and freedoms and deprivation of such rights and fivedoms whsle under- the Color of Law of the Hawaii County Police Department with the personal oversight and involvement of Hawaii County Police Chief Harry S_ Ku6Djuri himsekL NOTICE: The attached document was also stamped RECEIVED by the Hawaii, County Mayor's Office for Mayor Kenoi and the Hawaii- County Clerks Office for Hawaii County Council. Chairman. Dominic Yagong, and was faxed to -FBI Special Agent Patrick Bohner, As§istance Section Chieft Public Corruption/Civil Rights at FBI Headquarters via the FBI Washington Field Office, FAX Number: 202-278-2478 ': - �•�h-'.F/ :.! t f `"t ( ■iM: ; f,a tt [f - ! - • t 1 1t 1 !.. i e Tel E • ! [ s • • = s ri NOTICE: All County, State and Federal Public Officials and Law Enforcement in Hawaii have Sworn an Oath of Office to protect and defend the Constitutions of the State of Hawaii and the United States of America. If U.S. Senator Daniel Inouye Is - Not the Godfather of Organized Public Corruption and the Local Japanese RICO Enterprise then explain why no enforcement or prevented actions are taken to protect the People's State and Federal Constitutional rights and freedoms by the minions of Sworn Public Officials? Hawaii Tn'bune-Heraid Publisher Ted Dison was also given a copy of the attached document when I presented it to his Office Receptionist to give to Publisher Dixon as yet another example of the Hawaii Tnbune-Herald, and the rest of the Stephens Media outlets on the Island of Hawaii, aiding and assisting Organized Public Corruption by keeping from the People of Hawaii the attached information as to how Hawaii County Mayor Billy Kenai and Hawaii County Finance Director Nancy Crawford are illegally selling $10M County of Hawaii General Obligation Bonds Series "B", example Bond CUSiP Number: 41969CAE6, solely to Bank of Hawaii and then depositing the $10M into a Time Account with First Hawaiian Bank at 1 J 10 the interest while filing State and Federal Tax Exempt documents for the Bond Anticipation Notes while the People of Hawaii County are paying $66,000 in interest to the Bank of Hawaii while the First Hawaiian Bank is prrofiting from the transactions, has anyone heard of Money Laundering? The State and Federal I.R.S. documents Sled by Hawaii County Finance Director -Nancy Crawford appear to enable $1 OOM a year to be laundered for the next 30 years. As always I am presenting this information of the knowledge of the actual commission of a felony cognizable by a Court of the United States to authorities under the United States, (Sworn Public OffcWs), in accordance with and as required by United States Code 18 U.S.C. 4 Misprision of fei6dy. Z Telephone: 808-966-9229 FAX TRANSMIT'T'AL: Forty -Eight, (48), pages total. August 8, 2011 TO: FBI Special Agent Patrick Bohrer Assistant Section Chief; Public Conuption/Civii Rights FBI Headquarters VIA FAX to FBI WFO: 201-278-2478 RE: Public Corruption, Money Laundering, Extortion, Racketeering, Bank and Tax Fraud in the Hawaii County Government, Hawaii County Board of Ethics participation in public corruption as an accessory after the fact. - FROM: Dan A_ Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966-9229 f o- TO: William P_ Kenoi # E � _ `= Mayor, County of Hawaii C "€ State of Hawaii = o - i -� M >_ TO: Dominic Yagong rn Za 4 Chair, Hawaii County Council n orNa .r- County of Hawaii j R IEG _ TO: Hawaii County Board of Ethics AUG - 8 2011 _ TEST 40NY OF DAN A. COLE pre County Board of Ethics meeting of Wednesday, August 10, 2011, STATEr4ENTS FROM THE PUBLIC ON AGENDA ITEMS. COMES NOW, Dan A_ Cole, having knowledge of the actual commission of the felony violation of United States Code 18 U S.0 §3 Accessory after the fhct, by members ofthe Hawaii County Board of Ethics in knowing and knowingly -acts and -actions that an - offense against the United States has been committed have used their Official Sworn positions under the color of law to hinder or -prevent the apprehension, trial or punishment of corrupt Public Officials of the County of Hawaii engaged in patterns and histories of extortion, racketeering, money laundering, bank and tax fraud, et. aL, as evidenced by the attached hereto forty-seven, (47), pages of government records. Dated: August 8, 2011, Hilo, Hawaii Dan A_ Cole Dan A. Cole P.O_ Box 630 Keaau, Hawaii 96749 Telephone: (808) 966-9229 Dominic Yagong Chair, Hawaii. County Council County of Hawaii State of Hawaii :i_CEIRIEEry_ Zr-11 JUL 25, Pf i July 25, 2011 RE: Request for Council Chair's investigation into Violations of the Hawaii County Charter as to why the County of Hawaii is paying Sixty -Six Thousand Dollars, ($66,000) in interest for Bond. Anticipation Dotes sold on March 2, 2011, plus the expense of Bond Counsel, the CUSIP registering of County Bond Anticipations Notes, preparing of a TAX CERTMCATE OF THE COUNTY OF HAWAII along with the preparing and filing of I.R.S. Form 8038-G for the sole benefit of the Bank of Hawaii and First Hawaiian Bank at full cost to Hawaii County with no benefit to the Taxpayers of the County of Hawaii. Aloha Chair Yagong, As per your statements in the Hawaii Tribune Herald, Thursday, July 21, 2011, in reference to misuse of County assets you stated, "As the chabwww of the cowwiL I have the authority to hire an outside special investigator. " I request to know why then is it that you show no interest m investigating the ongoing illegal actions, in violation of the Hawaii County Charter, et. al. statutes, of Mayor Kenoi and Financial Director Crawford in illegally selling to the Bank of Hawaii, Ten Mfflfion Dollar Bond Anticipation Notes at 1.22% interest for 184 days with a maturity date of Sept 2, 201 lwhere the same borrowed $1 OM was then deposited in the First Hawaiian Bank at 0.125% interest in a 184 day Time Deposit Certificate where the taxpayers of the County of Hawaii will pay over $60,000 in interest payments for the sole benefit of the Bank of Hawaii and the First Hawaiian Bank, as identified by the attached documentation. It is requested as per your official duties that you hire an outside investigator, or request the Securities and Exchange Com**;�ion, and/or the U.S. Department of Justice, Criminal Division, Public Integrity Section to look into Mayor Kent's, et aL, apparent pattern and history of racketeering activities in violation of the Federal RICO Act I have been presenting information, testimony and verifiable evidence for over ten, (10), years before the Hawaii County Council of the existence and membership of a Local Japanese RICO Enterprise that influences, controls and/or extorts officials through organized government corruption in Hawaii County. The attached twenty-eight pages, including cover pages of testimony presented before the Hawaii County Council, body politic, as examples of my efforts where these facts and allegations are not disputed Please notice and understandthe attached Hawaii Revised Statutes HRS §701-117 Prima, facie evidence, and FIIZS §710-1030 Hindering prosecution in the second degree: . HRS §701-117 Prima facie evidence. Prima facie evidence of a fact is evidence which if accepted in its entirety by the trier of fact, is suffleient to prove the fact: Prima facie evidence provisions in this code are governed by section 626-1; rule 306_ [L 1972, c 9, pt of §]; am L 1986, c 314, §31 HRS §710-130 Wndering prosecution in the second degree. (1) A person commit's the offense of hindering prosecution in the second degree if, with the intent to hinder the apprehension prosecution conviction or punishment of another for a crime, he renders assistance to such person (2) Rinderingprosecution in the second degree is a misdemeanor_ [L 1972, c 9, pt of§11 It is understood that a non -response to this request within ten, (10), working days will constitute a personal request by the Hawaii County Council Chairman, Dominic Yageng with the authority and authorization of the Hawaii County Council, for Dan A. Cale to contact, in the Conners behalf, the U.S. Justice Department, Criminal Division, Public Integrity Section, et aL, in official notification that the Hawaii County Council, et eL, are being bfinenced, controlled, and/or extorted by a Local Japanese RICO Enterprise engaged in patterns and histories of racketeering activity and whose members may include U.S. Senator Daniel Inouye, current officials surrounding and/or including Hawaii's U.S. Senate and House Representatives, US- Attorney for Hawaii, U.S. District Court Chief Judge, Hawaii District and other Judges and Officers of the State and Federal court systems is Hawaii, The Hawaii State Attorney General, State Senate and Representatives, the Director of the Of of Information Practices, the Hawaii County Mayor Wiliam Keno4 Hawaii County Police Chief, Hawaii County Prosecutor, Hawaii County Corporation Counsel, et OL . Thank you for your Mention to ibis request for investigation. Sincerely, - '0/4zc" �Zez Dan A Cole FAX TRANSNGTTAL: Nine, (9), Pages total_ July 27, 2011 TO: F.B.I Honolulu, Hawaii FAX: 808-5664470 Atte: Public Corruption TO: F:B.I. WFO FAX: 202-278-2478 RE: Possible Corruption in Honolulu F.B.L/U.S. Attorney offices. FROM: Dan A. Cole, Phone: 808-966-9229 Aloha F.B.L, As per my online F.31 TIP this date, RE: Money Laundming - Public Comiption in the County and State of Hawaii, I am providing you that attached documents identified in my online submission. Due to many years experience ofnon-response by the F.B.I and U.S. Attorney offices in Hawaii to verifiable evidence of racketeering activity and corruption in County of Hawaii, State of Hawaii, and Federal offices in Hawaii and the apparent influence over the F.B.I. and U.S. Attorney's offices in Hawaii by a Local Japanese RICO Enterprise, I am also making this information known the WFO. It is well documented that the County of Hawaii has sent letters of Extortion printed on Official County of Hawaii Letterhead, bearing the Official Signature of the Hawaii. Cou my Corporation Counsel Lincoln S.T. Ashida, written against my person, Dan A. Cole, to various government offices. These letters were sent in violation of 18 U.S.C. § 1512 Tampering with a witness, victim, or informant and in violation of Hawaii Revised Statutes, HRS§707-764 Extortion (1)(f) and have subjected me to haft4 contempt, and/or ridicule and have in 4mdred my personal credit Forms H=W-7 W*YMFWY0WTV Thank You Your tip has been zube*Ie& Home - News - Stories - 2010 - March - Pubfic Coffupborr our Top Crirrend Priority Public Corruption Why Ws Our #1 Criminal Priority 03126110 Public corruption is -a breach of trust by federal, state, or local officials—often with the help of private sector accomplices. Its also the FBI's top criminal investigative priority_ To explain why the Bureau takes public corruption so seriously and how we investigate, we talked with Special Agent Patrick Bohrer, assistant section chief of our Public Corruption/Civil Rights program at FBI Headquarters. Question: Why is public corruption so high on the FBI's list of investigative priorities? Answer: Because of its impact_ Corrupt public officials undermine our country's national security, our overall safety, the public trust, and confidence in the U.S. Q: Can you describe the kinds of public corruption that the FBI investigates? A: It really runs the gamut Bribery is the most common_ But there's also extortion. embezzlement, .aicketeerina, kickbacks, 4 and money laundering, as well as wire, mail, bank, and tax fraud. Right now, based on our intelligence on emerging trends, we are focused specifically on several major issues: corruption along our national borders; corrupt officials who take advantage of natural. spedwdisasters or economic crises to divertsome of the government's AgentPatria� > aid into their own pockets; and a myriad of officials who may Personally benefit from the economic stimulus fundina_ - So let me end by saying, if anyone out there has any information about potential wrongdoing by a public official, please subunit a tip online or contact your -local FBI field office_ Your help really makes a difference. Dan A. Cole D+; THE CIRCUIT COURT OF TBE TMD CIRCUIT STATE OF HAWAII JUDICIAL NOTICE PURSUANT } TO UNITED STATES CODE, Summoned ) 18 U.S.C. §4 MISPRISION OF FELONY. } JUDICIAL NOTICE PURSUANT TO UNITED STATES CODE, 18 U.S.C.&4 MISPRISION OF FELONY COMES NOW, Dan A. Cole, Summoned, in fiilfillment of a person's obligation as required by United States Code. 18 U.S.C. §4 Misprision of felony, as the Summoned having knowledge of the actual commission of felonies cognizable by a court of the United States, as evidenced by the documentation attached hereto, by filing this JUDICIAL NOTICE in the above mentioned Court is making known the same to a Judge, or person in civil authority under the United States. Dated: July 11, 2011, Hilo, Hawaii Dan A. Cole Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966-9229 Email: Cole Hawaii@vahoo.com TO: U.S. Securities and Exchange Commission 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 Rt t� E C V`. D 1 11 U --6 PH 2-- 07 HAWAII POLICE 6 June 2011 r_ 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(a)(3) Criminal penalties; HRS§705-521 Scope of conspiratorial relationship; HRS§485A-103 Reference to Federal Statutes Re: Securities Act of 1933, Sec. 17.(a)(2),15 U.S.0 77a et. seq., et. al.; United States Code TITLE 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 of, a March 2, 2011 Hawaii County Mayor William `Billy" KenoVs 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 I.R.S. Form 8038-G Information Return for Tax-Exempi Governmental 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 Certzfccate 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 Certificate, the interest rate on the Notes) has been determined as of the 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 Act is a United States federal law that provides for extended penalties t, 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, 1S 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, Hilo, Hawaii Dan A. Cole �il � Fifty -Seven, (57), pages attached. 1 UNITED STATES OF AMERICA STATE OF HAWAII COUNTY OF HAWAII GENERAL -OBLIGATION BOND ANTICIPATION NOTE, SERIES B NO. R-1 I1�tT'LREST DATIED MATURITY RATE: DATE: DAVE: 1.22% March 2, 2431 September 2, 2011 REGISTERED MOLDER: BANK OF HAWAII PRINCIPAL SUM: TEN bfR"ON DOLLARS sie emm CUSIP NUM BE12: 41969CAEE THE COUNTY OF HAWAIL State of Hawaii called the ..C�for value received, hereby ProrniWs to Pay to the Rq&tcred Holder ted above or rqomred assigns, on the above b4amrity Date (unim #his note shall be subject to prim redemption and, shall have theretofore been duty called for prior redemptim and p9ment of the redemptim Price duly made or provided for}, the above Sum togedwr wilh intmst at the strove merest Rate per annum_ Such payment shall be made to idw Registered molder hereof in whose =uw this Note is registered upon the Note Register as of the close of busincw on the tenth (le*) day (whedw or not a bumnm day) preceding the Maturity Date: All amounts due bertundcr shall. be payable in any coin or currency of fire United States of America which at the time of payment is legat tender for public and private debts Payment of such amounu sha fl be made by check or draft mailed or by wire sent to the regWwied. Holder of such Bond at such Holder's address or account as it appears an the Bond RqOgferor otherwise as agreed upm by IN,. Comity and such Holder_ Upon the making of such paymett, the Registered Holder shall be required to surrender the Bond for canceibmio_ ri at the of of the Dftcmr ofFie of the County, in Brio, Haura iL as Paying Agent- This gent This Note is one of the County's General Obligation Bond Anticipation Notes iudwrized and issued pursuant to and in full compliance, with the Constitution and laws of the State of Hawaii, including Part I of Chapter -47, Havwair Revised.Staftifes, as amended,* the Charter of the may, procomfings of the County duly taken theretaxim, and the Ccrt ficate of the Director of Finance of the Ccreurty' providing for #Ire and sale of the Notes and fixing the fan and details thereof {the -Master ISMAZIM C 17t&Miee"� Wa Note is suked in all reVects to the provisions of the Madster% C (a CDPY ofvAfi& is on Me abbe office offt Mmew of Fz n=of the County) and ail zatificafts PPI 9MXM6 ID which his use for Provisions mpriling the rights ofthe Hdklcn� 90 Tie Md MMA of the secmity atd provisions fur payment Of the Nous, of the tiger duft and Of thC CDHdy and its D twor of Finance, as Regsftarand PayirtgAgent. By =ccpt== heveK *0 Holderoffhis Nkft mseft and agrees to all such pFovisions. This Mate is a gel ab]igatim cif tip Cawfg, and the bftrmt and Wmcipa Pa3+mertr hmulf are a first charm as the sment find of such may_ The fu]] fpi& and trtt of the CO=tY are inVoMWY PkW M the PMXftd PgMWtGf to pdnCW of and kt rest on this Note according ID its terms. This Nota may be tninsfevoct in whole but not in paM Ipm the Note R Hader in Rdkig, at er by the afom�tioed Offce of the H of F in writing, at the Frna Of the Cir, as Regkqftwbut only is the manner, subject t D The iimitEdOw and UPM paYma t Of the cbmrgc4 if any, pwvided in the procemhngs mdk°dzmg dwNob.and 11POR So Swmiw hof to the RegLqtw for canceiiaiittn, together with a written inshmmm of tMnsfzr safisfiu*MT is facm is the RegL and dulY Cacuftd by The Registered Udder or the 'ed Hobs dtr]y which may be the form endorsed hamn. Upon siach ums&r a new Nafie; of the same aMegales PrInCiPal among issue, intermi rate and maxi p as the Nate suirendered. wM be issued 1ho free is MMhMW hemfor- Tice Coonty and #sDua*)rafFbumecwstmchDhwmesas paying AgM =d ism, may treat the person in whose ttime this is ragbkmd on the MCM5 Re&W bept Pursuant to the PrO=ftgS g iitis Note as the abSoiute Owner of ribs NM foi an Proposes, including payer and Am Conray nor As Dhccmr of Famjft� as paying Ageot and Regesfrar, sMU be armed byany not= to Tit ry_ It is hereby wed, recited and decciared that all condififts. ars andthinp eMCOMto the validify of this Note and the series afwhieb it is a part exist: have bappewd and hne been done' that every mrne ofd' affecling thie- Chas been dryly and that the amok of this Mote and the series of whim it farms a IaM UMCOM Vd1h an Other indebtedness of the Com of HMMOk is not in c== of any consfiMfiwd or lirnitedon on ind$btedness. IN WITNESS WHM010F, THE COMP OF HAVA L STATE OF HAWAIL has caused this Nate to be srgacd by the mantid dVMMM of itt Dbectur of fin� to bow the iaeszmilc sigh of its Mwjur. to be bapmwed vM its sea] or to bear a ficsfinik of its seat, and #his Note to be dated as Ofthe dam sbded above. 2 R, tT�:Et �... �.i ,i• f, a 3 a Fma r—� 7. d x v 3 o v� .a w Q 'j.4 > �a.0S 4c�� 0w &0 Ca a v aN CA a 0 n.aa� � ..5 a�Y Cd L�oE0-4 � �0 �' cc a d .0 -0 a» t o p O T00 0 y T-- 00 "� 000 O v -c 00 Z o a : a E O0Cd� ._ O E L Q � �° A00U CA 7 0 0 m � E o � � O u e w E '8 Q c e +' ® C C, o o A o m m a - _ �, C3 Q C x �a c O o � o m z� �. RZF-o z3� a; U. t, ate. = cst a w wo CD E QQNxe z m 3 a m Q 7. d x v 3 o v� .a w Q 'j.4 > �a.0S 4c�� 0w &0 Ca a v aN CA a 0 n.aa� � ..5 a�Y Cd L�oE0-4 � �0 �' cc a d .0 -0 a» t o p O T00 0 y T-- 00 "� 000 O v -c 00 Z o a : a E O0Cd� ._ O E L Q � �° A00U I TAX CERTIFICATE OF COUNTY OF HAWAII Pertaining to COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES SERIFS B This Certificate is executed by the undersigned Director of Finance of the County of Hawaii (the "County") with respect to the issuance £ern time to time, *of its General Obligation Bond Anticipation Moles; Series B (the "Scr= B dotes) and the applicable requirements of Section 148 of the Internal Revenue Code of INNS, as amended (the "Code?*) and the Treasury Regulations promulgated thereunder (the "Treasury Regulations") All terms used and not - otherwise defined herein shall nave the meanings set font: in the Master Issuance Certificate referred to in Paragraph I hereof. In connection with the issuance of the Series B Notes, the undersigned hereby certifies, represents and covenants as follows on behalf of the County: 1. General. The County is a political subdivision of the Stats of Hawaii_ The County has issued the initial Series B Noce on the daft hereof in the amount of $10,000,000. The County intends to issue additional Series B Notes fwm time to time pumar& to the Certificate of the €3irector of -Finance of the County dated as of September 28, 2€109 (the `Master Issuance Certificate') authormng the issuance of the Series B Notes or other series of Notes as applicable, and the Authorizing Ordinances referred to therein. 2. Series B Note Financing &ggUM- Treatment as Commercial Fay. The Series 8 Notes arty being issued as a single series of Motes under the same financing program (thee "Series B Note Financing Progtaml to finance an refinance the same governmental purposes pursuant to a single master legal document (in the form of the Master Issuance Certificate) T%e Series B Notes will be sold under the Serres B Note Financing Program to Participating Instituticurs in accordance with the Master Issuance Certificate. All Series B Notes will mattwe in 270 days or Iess. All Series B Notes issued as New Notes wdI be issued within 18 months after the Issue Date (as determined and defined ptusuaut tQ Section 4 hemf). Ater such period, the County may issue additional Series B Notes as -Renewal Notes or Neter Notes under the Series B Mote Fumming Program for the pts of refining the maturing principal of Series B Notes previously issued. The Series B Note Fhmncmg program will not have a tent in excess of 30 years or I200A of the weighted average expected economic life of the proieC#s fmanced an refinanced through the issuance of such Series B Nees. Accordingly, the Series 8 Notes will qualify for treatment as a single issue under the Treassmy Regalauons, an the County will treat the Series B Notes as a single issue. I+Iotwithst mding the ming, the County may issue Nates 19. Reliance. The certifications and representations made in this Certificate are intended to be relied upon as Gaffca dons descn'bed in Section 1.148-2($) of the Treasury Regulations. The date of this CsrtificabD is March Z 2011. ]DIRECTOR OF FR4ANM COUNTY OF HAWAII 9 08-G heron Reborn for TWOEvempt ► Elhaer Eeraenae Cott mon �mm ►Sw' i oRL 990how P*efsanabr#7ggmmo SSG t bmw's,ae and (arpo. is rpt d Amw tDdml&! a *bm* -5 CZLY-tDm3LQrPDM—Uft:P--aW2lPcMo 3 mmearime --......CRUMnows6bodess s t�aeaad fe rortf�e �a9�r}se®sUWP -IAS "---- — - - - =17caw i9rioge 2 99 Gooew !fie 4 Bepstmn6ass@�StRssOY To [laic#asae s CUSPaokw � T�oeet�mbacEarPe<son attach schedub 43 T M - - - - - - - - - - - - - - - - . - 15 �� - - - - - - - - - - - - {xm,,g 1-1 t jgg - - - - - - . - - - - - _ - - - - - - - - - - - �$ � ire b-- - - - - - - - - - - U obffgagons tO TAN& or R4Wdte I tasty boot Yga_ ► dAoarmw are SANS, check ody box M - . . - - - - � ❑ 20 it � are in the form of a tease ar' - - - - - - - - _ 0 � ohesic boot . . _ _ - _ . 0 %r esttIe ise for � Corot i asalmtly' t ty a«a ti�aaacb z 2"l $ :i9 S m atm •. __. 22 Pioceeft treed for amned tette. _ - ----- = b>sm pace o¢ -M a issm (� ttrr GuM from ttae 21. c - - - - - - - - 24 Pfcceeds and fair bond tie testseoWNIOMM recin�ing t _ " : 25 used tar CMM.2O 28 P s 2kc*M io or iced _ - ... 25 8 27 dund Used to cmenoy nprior b - - 27 28 used to advance mbxd priorroes - - _ _ - . . . S 27 a 29 TON (add tines So NO"401ft P 2+ 24 ftoufi 2M - - ftft of Site isste Nubbaci ime 29 its m.a �a..,.,..:. . Erda no raveoggnmhwRy (* tits bands lhD be =V"* zed - � 1�► 9 Wed awe maUMY tf the bonds to tie a< AVM reftatded - 33 rater the tmst daft on wbkb the rimed boners WO be raged rYY} _ _ _ _ iffier fife the reed bonds were iced w *mmxfflr4 - Few Act MW Papervrwk Fteductiost Act 140r=106 see sapas baa. Cat tan. a37M 14ridd VR % 4 � t3D36-G Ater. s�rrtt r-ama03s-a Ow P -w2 35 Eater the atrroM of the staff volueie rap allocated to the issue under seems 141M . . _ 35 0 00 3tia Enter the anw" of uss prods knwsW ttratbe invested in a cardrad- {GI4}' (see iristruchorO - - - - - - - - - - - - - - - - - - - - - - - - - 353 0 00 b at" tin ariat Inatift die at the M ► - 37 Pootett InancnW a Prmeede at th6 » OM we to be used $h crake bans $3 adw �vatrrrter� thrtllS - - - - - - - - - - - - - - - - - - - - - - - - - - 370 b If this issue is a loan made from the proceeds rd another tax-exuript issue check box b- ❑ and enter &e, awn of the issuer ► =0 fie dale of the issue ti - 38 38 if the issuer has deskinated the issue under - r On 25504MOMM &na$ isshrer . check box _ _ ► ❑ 39 if the lssver has elected to pay a penalty in Geu of adx-b ye rebate, check box . - - . - . - - - - - - - 1P.0 Ott g the im has identified a hedge: check box . . . . . . . . . . . . . . . . . . . . . . . . thuiaperaRUMOrperimy.I 1P P42 =dStateavalft andtolhabestelmy ma.�adge Signature t#db-that sQ e&lsse eeofffie ersae- Wbo alkMagaaoesmy andCoTiseirto m�sreffir. to i haoeardF+�ed oboes. t rMane Qwwf 1"L ititedor Of Fahance s or as:hariaed tlule 3lill I � �e irpmrthsasee and �(e Paid Oft&B&ff i s PT t p,eparee❑ Pa"MM Yaane t� llffi�r t�dc-ae li:P +9w 99 MwOnly add ana 5 �t hops, SU!# Iota t3ivrt zz UMi =8) RLr-MMO FIo ,�avtg %Si3 {:Drat Vim GMM OFFICE OF THE COUNTY CLERK County of Hav ei InuvducedBy: Pete Hoffmann - DateIntrodsced: Moveutber 4, 2010 FhmtReadhW November 4, 2010 Pubfiished: November 13 , 2010 REAS: Passed 2d & Final Rdg_-1l/17j10; Motion to reconsider` passed & postponed pending public hearing -11/30/10; Public hearing-AprU 5, 2031; Amended to Dr_ 2 & head over pursuant to Council Rule 24(e)-4/6/11 Second Reading April 20, 2011 To Mayor" April 29,203-1 Returned:. -May 5, 2011 Effectivc. Mag 4 2011 Published. Mab 2 8 . 2011 --- 'Fall F--.Av z ; -I n nn I Do IMEBYCERTiFYthat rhe foregoing BILL was adopted by rhe County Cowl published as indicated above: APPROVED AS TOJ, ^� FORM AND LEGALITY: Gtt)i1�1iC1L ciRl° N z DEPUTY CORP TION COUNSEL � COUNTY OF WAIS CLERK Date's . Prove1his day MAYOR, COUNff OF HAWAM Biiwoz -Ord W .: - t mumow 311 (Draft 3) (2008-2010) C-154_14/FC-188 40 ���__ t! I Do IMEBYCERTiFYthat rhe foregoing BILL was adopted by rhe County Cowl published as indicated above: APPROVED AS TOJ, ^� FORM AND LEGALITY: Gtt)i1�1iC1L ciRl° N z DEPUTY CORP TION COUNSEL � COUNTY OF WAIS CLERK Date's . Prove1his day MAYOR, COUNff OF HAWAM Biiwoz -Ord W .: - t mumow 311 (Draft 3) (2008-2010) C-154_14/FC-188 40 Q NrY0F HAWAII GEN'MAL 094.LW0N BOND ANTICIPATION NOTFS, SSS A NOTICE €1F OFFER February 24, 2011 Mail to stave. rodaers0 cora-confirmed by first class man 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 a Note or Notes of the above series, and hereby offers the same to Bank of Hawaii (the `Participating Institution'), upon the teams set forth in the Certificate of the Director of Finance of the County, dated as of September 28, 2009 , providing for the .ale of such Notes (the "Master Issuance Certificate) and further as sett forthissuance be wand Principal Amount Date of Issue Maturity Date Acceptance Date $10,000,004 March Z, 2011 September 2, 2011 Fe bruary28, 2011 'ursuant to the Master Issuance Cert�cate, the Note or Notes will bear interest, payable t maturity, at a rate which equal to the Municipal Market Data (MMD) Short Term Rafe 3r tax-exempt obligations of the same or next closest .maturity, as published by the Bond Buyer, plus as --,i of 94 basis points, determined as of the Acceptant Date specified above based on the applicable iaIl►+ID rate published as of the close -of business on the immediately preceding Business Day (as defined in the MasterIssuance-Certificate). The foregoing offer is subject to acceptance by the Participating Institution, in whole but not in part except -as provided below, on the Acceptance Date specified above_ At the election of the Participating Institution, the County will. either issue a single Note in the full Principal Amount specified above, or multiple Notes in denominations of not less than $100,000, as specified by the Participating Institution, and equal in the aggregate to the Principal Amount specified above 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 (in minimum denominations of $140,0()0) among two or more investors in such manner as it deems apprupriate_ _By its acceptance of the foregoing offer, the Participating Institution shall be deemed to have consented to and agreed to be bound by any such offer and -allocation- 'c The County hereby reserves the right, at its sole election, to refund 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 refemd-such principal through the issuance and sale to the Participating Institution of successive Refunding Notes from Time to time., subject in each case:) 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 furthcr 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 principalshall be paid. in M 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 1000/a 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 altmmative interest rate (i.e., other than the rate based on the formula specified above) to be applicable daring the ensuing term of such Renewal Note or Notes after taking into account the effect of the Matenal 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 cum= 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-mail, confirmed in writing via first class mail, in the form attached as Exhibit C io the Master Issuance Certificate. COUNTY OF HAWAII By: srtetl,GQku�xa Name: 1tl�[�iee! �,y�ro'to Title:"T,r.�sre r� ;• COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A PURCHASE CONFIRMATION February -28,2011 to mokumotoia�co hawaii.hi.eas. confirmed by rustclassmai[ MY of Hawaii ssury Division ,upuni St. Suite 1102 Hawau 96720 ttaention: Michael Okamoto,_Treasurer Bank of Hawaii (the "Participating hw itirbon-) hereby acknowledges receipt Yom the County of Hawaii (the " County') of a Notice of Offer pursuant to which the :ounty has offered to sell to the Participating hatitution a Note or Notes of the above aeries upon the terms set forth m the Certificate of the Director of Finance. of the County, sated 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, 201 I_ 'ursuant to the Master Issuance CertifieatA the Note or Notes will bear interest, payable t maturity, at a rate equal to the Municipal Market Data (MMD) Short Term Rate for --e-cempt obligations of the sane or next closest maturity, as published by the Bond Buyer, plus a spread of 90 basis points, determined as of the Acceptance 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 foregMg 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 (rn minimum of among two- 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 soleelection, 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 rase: (i) to the maturity limitations set forth in Section 301(c) of the Master ice Certificate; (1i) to the provisions set forth below regarding certain Material Events; and (iii) to the further condition that the term of each New Note and an successive Renewal Notes issued to refund the some 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 Mote 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 acct and pay for the same at a purchase price equal to 100% of the principal amount thereof - If a Material Event (as defined below) has Ow red 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 detenuination, 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 mto 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 & Pooes 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 ftam 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 some on the determination 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 Masser Issuance Certificate . 6 BANK OF HAWAH Mame: Ura itle: Sr. ecutive Vice President Registered Bank of Hawaii Physical Dote held in custody for BOH at Bank of New York Mellon Schedule I 130 Merchant Strom 12w-- Fleur; HoaoIuio, HI %913 BNY: The Bank of New York Md[Mg One Will Street— Third Fbw Wiedow d; New York NY 74286 4 SIO'Neim-89 COUNTV OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A INTEREST RATE COMATION February 28, 201 l Via E -Mail to mokumot00co.haivaiLhi. & conrwmed by first class mail To: County of Hawaii Treasury Division 25 Aupaui St: suite 1102 H110, Hawaii %720 Attention: Michael Okumoto, 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 issuancae and sale of such Notes (the "Master Issuance Certificate). Pursuant to the Master the interest rate on the Note(s) has been detennined as of the date hereolo Certificate, ficate, Applicable MMD Short Terra Rate 0.32% Plus 90 BPS 0-90•/® Interest Rate 1.22% BANK OF HAWAII Name. igr Tit1e:_Sr. ve Vice President SOH BussBankhV-SIS 08:9i_51a.m_ 08-022010 1H Date: 07130110 Ta Bank of Ham# - Attn: Amy Honda {Fax:935-9043} From: Michael OkumOWOM933-6240} County of Hawa"n Re: County Of Hawaii - New irate Deposit Account Inshmum Per this autlw aaWn. Please debit County of Ha* -A accOW9 �O q in the amount of: a_ 44,772.35927 and apply as f000ws: Additional Instructions: kit' st Palnnt upon ma#tuily of the Time Deposiks} should be set-up SUWnlBffCdY to aeO County of Haws account x048-D�2544 unless agurme HISOUcled by custonw Upon maturity of the Tine Deposit Accosngs) fisted above, ag pdndpat is to be credited to account 004&=544544 unless Of mwise instructed by cxtstumer_ �tY Of Fiawaan -l��r�.rr•C �ru..cr� Michael Okwnoto Request for a transcript by Mr. Dan Cole,. dated June 30, 2011, regarding Bill 29 (Draft 4), and Communications 111.75 and 111.83 (21s' Session of the Hawaii County Council - June 30, 2011): COMM. 111.75: Mayor's Veto Message Regarding Bill 29, Draft 4, Relating to the Operating Budget for Fiscal Year 2011-2012- From Mayor William P. Keno), dated June 15, 2011, returning Bill 29, Draft 4, stating his reason for disapproval, as listed in this communication; and - ORDINANCE BILL Establishes an Operating Budget for the County of Hawaii for the Fiscal Year NO 29 (DRAFTA) July 1, 2011 To June 30, 2012. Proposed $367,338,727 Operating Budget for (COW& 111.72): the County of Hawaii. Draft 4 reflects an increase in revenues and appropriations by $44,363 to $367,338,727 as compared to Draft 2 submitted on May 5, 2011_{Inirodneed by Ms. Ford, by request; passed First Reading on May 18, 2011; passed Second Reading on Jame 1, 2011.); and COMM. 111.83 From Vice -Chairperson K. Angel Pilago, dated June 23, 2011, stating that pursuant to Council Rule No. 2, requests that the Council Chair call a special meeting to consider an override of the Mayor's veto of Bill No. 29, Draft 4, on June 30, 2011. - CHR YAGONG: Our fust testifier here in Hilo is Mr. Dan Cole and he's to speak on Bill 29, Draft 4. Good morning. MR. COLE: Good morning. I would also like to point out that I'm making a comment on the other items Comm. 11-83 (sic) and Comm. 11-75 (sic) and all my testimony will be combined into one length as it's al — CHR YAGONG. So noted So noted. Before you begin–the volume, did we adjust the volume? Is this too loud, folies? Yeah. Is that okay, folks? Okay, very good hank you. Mr. Cole, thank you' much. You have three minutes for each of those items, so nine minutes. Thank you. MR. COLE: Yes. Thank you. In response to a personal request by Council Member Ford earlier today that I keep my testimony in accordance with the items on the -agenda— I wish to point out in caveat, this Council, that you are sworn officials under the United States as body politic. You are an authority on the Untied States. In accordance with United Slates Code Criminal Title 18, subsection 4, I'm bringing forth to you the actual knowledge of felonies (inaudible) by accord of the United States— those felonies being in violation of the Federal RICO Act and of bank fraud. Therefore, you have been so caveated (sic) - My testimony is in opposition to Bill 29 as heard before the Special Meeting of the Hawaii County Council on Thursday, June 30, 2011, is also an 18 USC, subsection 4,,_ notification of violations of 18 United States Code, subsection 3, accessory after the fact—by the Hawaii County Council, body politic, and severally, individuals, to knowing and knowing violations of the RICO Act, reference 18 USC 1961 racketeering activities, subsection A, bank fraud, Section 1344. This Council does not dispute that the Hawaii County Mayor, William P. KenoL in conspiracy with the Hawaii County Finance Director, Nancy Crawford, and other officials and agents of the County of Hawaii did conspire to cause the issuance of at least $20,000,000 of unauthorized County of Hawaii general obligation bonds known as bans. Therefore, until such time as a legality of the March 2"d, 2011 and possible other issuances of County of Hawaii general obligation bans can be determined to be in compliance with the Hawaii County Charter, Hawaii Revised Statutes, United States Code, Security and Exchange Rules, Security Act of 1933, and other County, State, and Federal statute there can be no balanced budget As required by the County Charter and any action to approve such a budget for the County of Hawaii for the physical year of 2011 and 2012 causes each Council. Member and the Council body politic to be in knowing and knowingly violation of the Hawaii County Charter, United States Code 18 USC, subsection 3, accessory after the fact, and/or 18 USC two principles to violations of 18 USC 1961, definition racketeering activity, A1344 relating to financial institution frauds, and to Title 18, United States Code 371, conspiracy to commit offense to defraud the United States via knowledge of IRS Form 8038-G as signed by the Hawaii County Finance Director, Nancy Crawford, on March the 2nd, 2011. I continue on. CHR YAGONG: Thank you. MR. COLE: The issuance on 2 May to March of this year, the Hawaii. County, through the signatures of Mayor Kenoi and Nancy Crawford, sold to the Bank of Hawaii $10,000,000 identified as Series B, County of Hawaii general obligation bond anticipation notes—with an interest rate of 1.22 percent, date of issue March the 2nd, 2011, maturity date September the 2nd, 2011 and a registered custom number of 41969CAE6. In addition to that, on the same day, the County of Hawaii deposited $10,000,000 in the First Hawaiian Bank. Dazs of deposit, March the 2nd, date of maturity, September the 2"d , 2011, with initial interest rate on time deposit of 0.1225 percent to be entered into the general funds of the County of Hawaii. Also, upon the issuance of the Series B bonds, the County of Hawaii through Nancy Crawford, the County Director, issued the tax certificates for the State of Hawaii as an exemption to Series B bonds, and issued the IRS Form 8038G of tax exemption for Federal income tax, identified as Series B bonds with a total value issued price of $50,000,000 of a 30 -year maturity. I ask a question, parenthetically, why is the County of Hawaii selling $10,000,000 of bonds paying an interest of 1.22 percent on 182 -day maturity, only to deposit the same money into a time deposit account of the Bank of Hawaii at one tenth the interest rate— having no benefit to the County of Hawaii except to cause thousands of dollars in the issuance of a legal opinion to file with the IRS tax exemption on said money and to file with the State of Hawaii tag exemption on said money. If you remember my testimony previously, last week I identified criminal activities within our police department `cause it's not disputed by this Council. Again, I would also lice to point out that this is money laundering. The fact that these bonds are issued and can be bought will bring money into the system.—I go on to my third section—would bring money into this system through the purchase of mutual securities when held until maturity of 180 days. The money will then be brought forth from the mutual securities as clean wash money placed into the Hawaii Asset Trust Protection Act under 182 and dividends can, therefore, be paid out to individual State and Federal tax free untraceable.. On the same day, March the 2°d, the County of Hawaii also caused the issuance of a Series A bond for $10,000,000_ The Series A bond has aprincipal of $10,000,000 issue date of March the 2°d, matunty date of September the 2�-Lwidejtical procedures cause for the issuance solely to the Bank of Hawaii and accepted solely by the Bank of Hawaii. In addition, the County of Hawaii has also issued $60,000,000 additionally in Series A and B bonds, which were identified under the sale of bonds in 210 (sic). The master issuance certificate of the County of Hawaii is so stated in the master issuance certificate signed September 28m by Director Crawford 2009. The issuance of the bonds without the authorization of this Council --because the bonds were issued on authorization of Bill 311, that was made effect on May the a by the Mayor of this year, where the Mayor signed by his signature witnessed thereof on March the 2 6 --two months earlier, the sale of at least $20,000,000 of bonds, therefore, making the issuance of the bonds moot and the County not in obligation because the County of Hawaii has a private arrangement with non -rated commercial paper being bought by the Bank of Hawaii. Therefore, any attempt to bring forth or ratify a budget is moot because no budget can be brought forth—it is not in compliance of the Hawaii County Code. Thank you very much. CHR. YAGONG: Thank you very much for your testimony. 1't _ ft lts� 3 lli�: # Reqw-q lbr a t by Mr. Dan. Cole, dated June 24, 2011, regarding nW RfsDiudm 98-11(20 Session of the Hawaii County Council - June 24, 2011): IRQLLM7 ON Resolution Authorizing the Retention of Special Counsel by the Hawaii " 88-I1 County Council to Provide Legal Opinion Regarding (1) Form and/or (W -AWED -FC) Legality of Bill 29, Draft 4, the Proposed Operating Budget for the County of (COM1yL 240): Hawaii for Fiscal Year 2011-2012 as Adopted by the Hawaii County Council on June 1, 2011; (2) The Veto Message Fifor Bill 29, Draft 4, as Transmitted by the Honorable Mayor William P. Kenoi, Dated June 15, 2011; and (3)'The Letter by -Corporation Counsel Lincoln S. T. Ashida to Finance Director Nancy Crawford, Dated June 14, 2011, Regarding Bill 29, Draft 4. Establishes the necessity for authorizing the hiring of special counsel to provide legal opinion to the Hawaii County Council regarding Bill 29, Draft 4, Mayor William P. Kenoi's veto of Bill 29, Draft 4, and Corporation Counsel Lincoln S. T. Ashida.'s June 14, 2011 legal communication alleging legal infirmities. Special Counselshallbe compensated at an hourly rate or rates consistent with prevailing rates in the community for specified services to be rendered for a total compensation not to exceed $8;000. (Introduced by Mr. Yagong.) MIL COLE: Good morning, Council Members. As you all have received your copy of my testimony in "green" here, I will stay around for the resolution to answer any of your additional questions (SEE COMM. 240.4). As you're all aware, on March the 2"d of this year the Mayor of County of Hawaii and the Finance Director Nancy Crawford, by their signature, issued a $10 million bond anticipation note. Apparently, what you don't know is they issued two bond anticipation notes on that day. A Series A-$ 10 million and a Series B—for $10 million offered exclusively to the Bank of Hawaii and sold exclusively to the Bank of Hawaii. Also, on that date, the Finance Director, by her signature, attested hereto, filed the appropriate IRS forms for tax re- obligations—which you're also aware of is that the Mayor of County of Hawaii and the Finance Director had no authorization to issue those two $10 million bonds. As the authorization was Bill 311, Ordinance Number 11-40, signed on May the 0—two months after the signatures appear on the bonds. Therefore, we have a situation where it's in violation of the (inaudible) certificate and in violation of Hawaii Revised Statutes for general fraud in violation of Hawai—of United States Code 18, bank fraud—which. is 30 years in Federal prison, million -dollar fine— violations of the 1933 Securities Act, violations of the Securities Exchange Commissions Act, Rule 10(b)-5. Which you probably also know—in Council records, it's confirmed and undispt ud—that the Hawaii County PoFm provides protection for organized drug activities on the island -It is also by Police Chief Harry Kubojm himself, that he has personal knowledges and averseesthese actions. What you may not know— NIS- now—' _ KAWAUCM-- Chair—rm sorry, Chair, to interrupt With due respect to Mr CO's F , I believe we're off topic. CHAR. A: Mr_— N- M COLE 'tiro, this is topic. CHR YAGONG: Go—Mr, Cole, go ahead and proceed. MR. COLE: Yes. CHR YAGONG: I'll allow you proceed. Thank you, Madam Clerk. MR COLE: What you may not know, is we have a situation in Hawaii which is known as Act 182 signed last year by Governor Lingle, which is—{inaudible} trust protection acts. The issuance of a Series B bond will allow a mutual investment of tax free State and Federal bonds, which can be purchased with the illegal money that Hawaii County Police Department has confiscated. and becomes washed tax and Federal clean: --paid out in monthly, quarterly, and semi-annually dividends to the people. Again, your only option here, basically, is to continue on in this matter whether you approve the budget or veto the budget, you are an accessory after -the -fact to a criminal act of racketeering by United States code. CHR YAGONG: Thank you, Mr_ Cole. MR CODE: I will stick around in case you have any further questions. CHR. YAGONG: Thank you 1. FA 3. 5 6 BOARD OF ETHICS, County of Havimll 3M Aupunt Stmt, Suite 325, Hilo, Hawaii 96726 AGENDA Wednesy, M=h 9,2011 - 10:00 a.m. 101 Auput&8treet, Room 230 (Department of Liquor Control Conference Room) Hilo, Hawaii 96720 CALL TO ORDER STATEMENTS FROM THE PUBLIC ON AGENDA ITEM APPROVAL OF THE 11E[NIl M OF THE FEBRUARY 9, 2011, MEETING (REGULAR SESSION) NEW BUSINESS a, Petition No. 2011-07: Initial review of petition alleging fihat an officer, "by offering solely to the Bank of Hawaii the pumbase of Hawaii County General Obligation Bond Anticipation Notes - - - provided unwarranted privileges, mages, and treatment'tU Bank of Hawai`i." b. Petition No. 2011-08: Officer's request for an informal advisory opinion on whether the officer may sit on tip National Inde for Invent% Board with the State of Hawaii. 100 UQ1 Kli.2 13 13:11Rj Q1 a. Petition No. 2010-11: Further initial review of petition- questioning whether an officer had a conflict of interim when voting an Bill 283, and whether statments made by the officer caused the oi$cer to violate financial disclosure requirements - Whit reference to the agenda items listed below, one ormore eve kgs are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or ernployee of the Comity of Hawaii, where considerations of matters ung privacy will be involved. 11w Board may also consult with the Board's attorney on questions and issues perbining to tate Board's powers, duties, Privileges, immunities, and liaWities. 1herefore, pmt to lkwv `i Revised StmWes 3. `ear t xy-�-- C E HAWAIq COUNTY BOARD OF ETHICS — RtUr,AR SESSION' Wednesday, Marek 9, 2011 105 a.m. to 1122 aan. 101 Aupuui Street Suite 230 Mo, Hwwei 96720 Members and staff prawat CALL TO ORDER John R K. Dill, Chair David Heaulculani, Vice Chair Ame Henricks, Member Bemazd Balsis, Jr., Member Renee N C Schoen, Deputy Corporation Counsel Mary l_ Crosson, Se=tary Mr. Dill called the meeting to order at 10.05 axL STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no sus from the public. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 2031, MEMING (MWULAXSESSION) Motion and vote: Mr_ Balsis moved to accept the mmutesy Mr_ HeankuIami seconded the motion, and they and N% Dill voted aye_ NEW BUSINESS a Petition No. ZOI2-Q7: Intuit review of pin g that an officer, "by offering solely to the Sank ofHswai`i the pose of Hawsi 1 County General Obbgadon Band Ammon Notes - - - provided =werrdnted privileges, advantages, and treatment to Bank of Hawai`L" BILL: Could we Yuick& kknt fy whit's here regnrdb* ddspewjox.7 jr_ Cok you're the pethloner, correct? COLE. Yes_ I W=tm m italics are veabatm Blanks mfficm mauMle or mdecWh=bk , DILL: Okay, andgem men—do we have Mke here? MJMOTO: Yeah. rm Mike Okutmoto_ I'm the treasurer, and I'm here to answer arty questions that you mal' have regarang d* matter_, DILL: And you're here on behalfofMs_ Crawfor4 correct? OKUMOTO: That's correct. SC07TKNOWLF.S- I'm the rakmanag9ement officer from the Finance Dgp rtmmg and I'm .here not in a representative cry butjust as an observer. DILL: Ohay_ Okay, again dwpetition is referencing Seddon 2-83 of the Hawai `i County Code ofFZW=regarfingj r trawmert, *wc 1caily item (b), no officer shaff we or attempt to arse the o wer's offid l position to secure or grant unwnrr4Wed privileges, exemptions, advantages. con t ractt or ireatmentfor oneselfor others Mr: Cole; ifyou step up and quiet* give =your side ofthe backgmund on d* petit tom and then we will have questions for either you or Mr: Okamoto. A,gaft just to remind everyone, this is an initial review by the Board ofFAhka to deternowfidure actions on this petition Mr. Cole, you have the floor_ FCOLE: Yes, well thankyou I would like to note tbrrt mystatements on this maw were hwhidedan my tesibnony of the previous session ie a Board of Ethia4 for Februm y_ AZso in: that note; I would like to note that there are items nursing However, I've ab-eady ► made the statemetris 4ppr3rm*, the information I have is the Hawai `i Cosmty is a eringgeneral obkgation bonds and munk*d securi#res in violation of the 1933 ,Securities and Exchange Art Section 17(a(2}, by not disclosingfully the rwk oft& bonds In reviewing the vioktions and racketeering adivify in the County ofHawai `; I had the oppm*vMy.to have a emy"satiori with Mx_ Crawjbrd on approximately the 201k of October lastyear in MayorKeroi's outer office, where she informed me in reference to BW 311, the $56nuMm obligaturn bond, #lust the Comaty ofHawai `i was notgoing to ftrmY bonds Tlatwas. the old way of doing things, amd the new way is they trod a very special short-termarrang e�nerrtwiih.Bankof Hawai`L Querying, f rrther, insofirr as Ido have a background in securities and exchange, I tried to fmd out why bonds were not beingfloated and to demonstrate and to profess the r&As to the bands to the rating agencies ofSZmzdard & Poor's. Moody's & FIck Opp Teview ngfmiker, Ifound out that a master issuance of cerdficate was made by the Deparhment ofFinance and Ms Crawford, and she began Issuing bond antiegmidon notes solely to BankofHawaz 1. The cern; ficate of issuance Z*nQUd a maximum 4Zf9l1 basis po&& about the mean mwdcod data rate. The County offfavai `i ooered only to one agency, that was the Bm* of Hawai `i andA(r Stephen Rodgem the sole bid&v g on #Imre bonds Time bonds eouid have been bid on otherfmundal motions arida lesser basispomtarrmsgmwn4 j e Q better advantage to the County of Hawai % could have been ohmmd That would be similar to going out to cow in yrow bzwhw s, andyou go m a sole source conrtrac4 and the contractwould giwyou dwmwcbmm hofb&restdraw7L The hof 2 FIR Hawai l charged 90 basis povits, which was the maximum: allowable under the master certificate, and since no other bids were accepted or even offered, therefore it was a violation and gave the Bank ofHawai `i an advantage over all other f rtancial institutions, and therefore is a violation of the County Code ofF.thics and also a violation of the Securities and Exchange Commission and is also a violation ofTitle 18, Umted States Code, 1433, bankfraud DILL: Okay, so you saying th&plus 90 BPS rasing applied only to BankofHawai `i and if the Coamty hadgone outood consideredn&90 scores, or instUbtions with sorb -90 scores, the results Wright have been &fferent in terms ofwhat they're offered? COLE. No. COLE_- The 90 basis points was part of the master issuance certificate, a maximum that the County ofHawai I would entertain. COLE: By not going to any other institutions, no otherfmancial institutions were able to bid for a better or lesser basis points; therefore disadvantaging the County ofBaww `i at the advantage of—sole advantage of --the BankofHawai`i. It is also noted that the treasurer for the County ofHawai % Mr. Okunroto there, was a senior executive with the Bank ofHaww `i for the 20 years prior to coming to Bank,gfHawai `i [sic]. Itis also noted that the Bank ofHawai % through its Hawai 7 Tax --Free Mist Capital Pacific IrnvestmentTrust; and a number of others; holds the majority ofminiie4pa securities for the state ofHawai `i It is also bxn m that on dw28* of nne lastyreat, the governor of Hawai `i signed into law Act 182, which is trustproftwon legislation which would also iinpactwith these bond anticipation notesfor the payment ofsecw**s and monies, and it actually would provide for money laundering bypaying into--bu1'inS iar-free pum and taking out tax free federal and state dividends from these bonds. DILL: Okay_ Welcome, Arra (Board member Arne Hendcks arrived). Okay, any Board members have questions, any further gmstions,.for fir_ Cole? BALSLS• Not of this times DILL: Thanks, A& Cola We Ymght have some more follow -W questions: Mr_ Obanoto, do you -mind coming up? Thanksforjoining us. A& Okumoto, fyeu could quickly Sive the Board a rundown onprotocol and The due & gene inplaceforthese types of issuances by the County_ OKUMOTO. Let me give you some backgrowrd information on how we got to thatstage where we're loo for such afacgky. Back in lace 2004, we got an artdit by the M& Because we issue tax-exenVpaper, theM is interested in makbg sure that we comply with all their regrtlatiom because when you issue tarpaper, the ftan ry is losing money versus something taxable. Under advice of our counsel: he recommended that we retain afwm that specializes in deaft via the = so we did so and in conversations with this attorney, on the east coast, he said that the IRS. frowns upon us holding bond proceeds longff than dvw years We were having trouble getting the projects outwkthin Three years SoI asked him to putthis in writing and he did, and it went through Bill Takaba, who was ourfmance director at the time. But anyway, this was a major reason why I fookedfir such a facility_ Me other reason was that' the method that we were using was that as soon as we hada bond ori we'd go out and issue long-term bondsfor the amount afthatautlmrMWn- Sot ifthe bond ordinance authorized 30 million, we hire an urukrwrbW and sell $50 million in bow And that way, the & pwtMen#s know that -we acnwtty have the cash on hand and they can go ahead and sign their conir'acM The problem with this is that we get the $50 million, or whatever the amount is, and we put taus in a bank; invest it; and usually the rate; the investment rate, is a lot lower than the bond rate- This is called rmgadve arbitrage. So when we do this, and the longer we take to spend the money, the more negative arbitrage we have. So between de IRS not lookingfavorably an us spending the money—taking too long to spend the money, and also the negative arbitraW, the solution far this was to fmd a short term creditfacility_ - So I begfin looking. br m1ch a facility', and there's all kinds offacil►ities out them Thef t atBankofBawai `i thatwe have with them is a private placerneratfoscitity, so there is no prospedives or rating that is reQlllT P.li So thisis one of the advantages ofsuck afaci&'- So we're not in violation of any kind of securities regulation in that regard- ?lie other Opes—tine most common facility is called a tax-exempt commercial PaPei'PrO9rm% but a& bav°hes getting a bank to issue a letter of credit and what this does is that it ensures dug when these commercial paper is rolled over, and the investor wants to sell them and he carat find a buyer, then dmd LOC bank will guarantee that they'd purchase it: So there's other types of favi MS, there's--like lines of credit; there's what they call a SZFMA vulex notes: So when I started to explore this, there were all these 4&v& ofJbcilitiear_ So we x'� °ut and we hired an iial advrs°r, and a3 Glx Ci�awford's letter noted that she said there perade fmartc were = alternatives- ActuaAY, there were more than that. But anyway, he compared everything and he determined thatdw ��-for r�serrrch other alternatives cdftY was in the best interest of the County. So Ifeel that we ��r` And as Mr_ Cole rmrttione4 Bank qfI&wai 1 does have these otherfurds that they manage, and I have a Aart here that Mustrates that BankofSawai 117* is the largest holder of Coimh' bonds; which m m that they're the onlyfinancial insiitdion in the state that is able to oyer thisparticuArpr So even ifwe wentout to the other banks in the state or crew smiorzs or whmWver, oth rfuuaanciai nrshtutio they have no way ofacdatingv& So there's n& —actually dwre's no basis ofgIt to out and trying to solicit these ©Ther bankx So this is a very custen dkedfacilitm- Ii took us 1 S months to put this thing together Andyou have to realfze that this time, during—when we were trying to do this we were, r in the mile ofa creat crkk And we had this liquidity crisis where nobody was b � even at whatever' rate. ural this whole deal abnost}ell apart; but we persisted at 4 because theparties involved have this trust and respect for each othff, and we had to try to accommodate SEC regdadons, BS reguladong banking, our own needs--arsd to try to a to address all these needs waw--Imean ihe bond m d went dovugh halfa dozen dna Trying to do this Sojtwwalongpromm It wawY like were going to hawh and we're 4 saying okay, let's do this Are dud a longue diligence; and then just frying to put this thing together took a very long dzw- So I think w --I think we &d something very beneficial for the County. It's aprodudt that Furance Department is veryproud of. It's very unique in the stag Nobody else in the state has this, and I thinkBank of Bawai'isees the value in this and they've offered it to other muviieipalities_ DILL: Okay, t nkyou sir_ To back up.a little bk you menfiw a that duringyow' selection process, you needed to constantly be under advisement in terms of compliance with SBC regulations, bank regulations, IRS regulations You had Corp Counsel on staff, or on the team here? OKUMOTO: We have Corp Counsel but this is a very specialized area of law. We hire a bond counse4 and the bond counsel is a person that's recognized, that has experience in these matters Also, this had to get by the bark attorneys, too_ So on the bank's side, I think they had a more &fflcu t time trying to convince their senior management about this product Oro director—we couldsee the benefitright offthe bat, soI &dn Ithavee this problem with our side, butthere, was much more due diligence on the bank's side. And .: they went through a rigorous process on their side. DILL: One more question agam. one more question, sorry. You said there are more than six you Inyo igated more than six afferent, fMancial institutions? OKUMOTO: Right. DILL. Okay. I'll save my question for later. Questions, board members? BALSIS- I was going to askyow—with the same'—first ofal, ifI'm correc4 you had a consultarrfwhich advued you on a variety ofsohdions to issue short-term notes while waiting.— to do your expenditures prior to actuary getting the money for the long-term stuf OKUMOTO: That's correct: BAZSI3: Okay, and when you're looking at these short-term facdaie4 the consultant then said this would be tare best way to go. OKUMOTO: That's -correct: Wheisyoudecided //t as being fway to •'! it 1 -. /- !! Spy that J O 1 When we / 1'!yl i F Y i f lt! FI t! f ' !ti tt ftMdmm we were doing r and OW wam"ed to •!t Mey could j.l And t J MAbW f look at 14 r said / i 11 deal Ii :Jr/ lr a ` ' ./ I z 1 ! ' but :l // :A:1r/' ' !! Y •1 1 =t t fi /s / r, f .zr,il dw cWabzhty RIghtnows r.M asfur i Mvwownft 7 only—they're the !* twofmwzcial tnf :rf in r. state dzatwjU take our / as -i t because other owshave p I /. t X .f ! I •J' ! f ' investrnentr go oz&id-the stet. Bit as fur as tax -exec tax exempfior4 so ifyou--re going to do something; it's g state of Hawai ti. RR ti, ttt' . oKumoTO: weld the fmanchd advisor did BALKS-- Okay. O IIMOTO: But they aS&z't o-oer a private placemertprogrwm They -were a ering all these various types of ftr"wh;g and thw-s why--� his expertise, he can compare more or less the apples and oranges kind ofconparisom And justbared on price alone, BankofHawai `i was the best alter One of the things for me was just the cost ofa&Wrds&ation because BankofHawai `i just -they d fdn'trequire us to buy-- �dxy weren't regsib to buy rated paper_ TheywrnddjWI take our paper as it is, because they were sofwn0AwwM as anddW bosq*borsds in the past, They're the largest, our largest bondholder. - So that alone already, because ifyou go through a ratedprocess, you've got to go make presersintirins to all dze rathT agencies. You've got to fly up to San Francisco. you've got to prepare this ratingpresentado> you have to prepare a prospectus Butwins BankofIlmai % treysaid no, y m don't have to _do that. You guys are good So just based on the cost, and also the lesser it was good enough for them dw--hese were two bigpoines for me And we're talked to other underwriters, and we say we have thisfucility with BankofHawai `; and they said wel4 you got a good deal there_ So we have not only our hwkpendentjbxmcial advisors, but other underwriters who --#hey deal with dds, this is their bass_ They said we have a good facility- BALSIS:- The issue here is a*d yougme BankofHawai r favoritim rind Igums if you're just looksng at setting up the facility and your ability toga ont and shop it arou4 the answer in my mind would be to say no. However, the question was brought up about --and you addressed i—ratmg the facility, gef ing ft rated by Moody's, and it was not because it isprivate pbavmwK correct? OKUMOTO: That's correct BALSN- Is there a legal opinion thmjvu had reedvedsaying that ok you do not have to have this facility rated? Or how card you come across the !&a t3mt you`did not have to have it rateg .host out of curiosity- I mean& one person's saying it has to be rated, and you're saying not, Is there a -legal ophdon— OKUMOTo: —Nell; ihaYs up to the purchaser- All the other facilities= die purchaser requires a rata,& But, backfin 2004, we were doingan inrprovemerrtdiserict, and that required tax-tfcg; but we got itfrmn USDA, so it's litre sole source, no underwriter involved The ontyproblem wast, when wepdtthe coniractoutforM4 it went over the amoue so VWAsaid okay, well rimer i4 bit dien theyonly codddo a loan! for only so m rA So we were Aired of likes_ oh, is ibis deal going to fail apart ar 0 what? So we were taMaW fo Bank ofHawai `; just ialkingabout our problems and stuff. He says welt you know, rfyoureallyget Wo apwA we'llltuct buy it and -we Wf=tput it Into our portfolio_ So that was ffiz aprivateplacement , they're buying it and using it eitherfor their mtututtl funds or for their ww,althy clierrs, rn'ustliuyvzg itfor. the bank's ponfolio Butregar dwywere able.to absorb the paper_ So when we got into this oto facility, the thirsgwas m the back ofmy mu4 maybe they can do a private placement: DILL_ Because itset the precedence, or— OKUMOT'O: —Peak because they had of ffered this in the past: DILL: - So in terms of a legal ophdon like he was asking aboux tyre was no set legal ophdon other than the precedence ofhim ofjertng in the prix private placement? OKUMOTO:. Yea it's. up to tate purchaser -whedur. Aey want to get a rating or not, and Bank ofHawai'i is comfortable enough with our-4xov we ran the Cowdy, the County management team, our finances --that they didn't require us pi mg a formal .rating. DILL: I have some. questiontfor counsel, more procedural questions than arrythireg else Is there a way to get a motion to go into executive session? BALSIS: So moved SCHOEN.Your motion has to be speck so ifyou want the motion to -be for the specific purpose of consulting with the Board's attorney on its procedures, privtieges, and -- BALSLY —Yes, that is exactly why -we would be going into executive session That's why I moved SCHOEM Thankyou DILL: So, second? IMUAZTLA11i1: Second DILL: All right, all infavor? DILL, BALSIS, IMU U (simultaneously): Aye. DILL: Okay, #f ou guys don't mmd just giving us a -couple of minutes 1032 a.m.: The Board left Regular Session 7 A. w77777 �tiRI rM. I t IAM, DILL: We are currently w der New Business, Petition 2411-Q7, concenung Section 243, fair treatme4 subsection (b), and from A& Dan Cole.. Do we have a motion regarding this petition? LEWWULANT I waw to make a motion to continue the irdtial hearing and I would like Nancy Crawford to appear to answer questions_ T'hepetihon isfor her, is itnot? BALSIS: I second that motion DILL: Ary dwcumm? Iflmzghtadd ldunkdw Board worm--BinceJ& Crawford is named &recdy in this and notyor4 Mr_ Ohowto, I really appreciate you coming in and .spealdng. We.justfeel it mzghtbe better to gim her a chance to speak andfor us to aska couple of quaWonrfrom her befr�e we decide how tri proceed wAk d&pefifiox So thank you again We have a motion on the floor to contbw the initial review of Petition No. 2011-07 to a lmter date. All in favor say aye_ HF.AU.buLAM and BAISIS (s imultaneonsly): Aye. DILL; Aye. Motion carriers thankymc I EAWCKS_- I abstained ALL Thunk}Fox Moving onto Petition 2011-08- b. Petition No. 2011-08: Officer's request for an informal advisory opinion on whether theofricer may sit on the National Interstate for Juvenile Board with the State of Hxw2PL Mr_ Dill noted that the petitioner requested a closed hearing. Ms. Schoen reported that the petWone r had informed them that the petitioner was off -island and unavailable to appear at today's meeting and requested a continuance . Motion and vote: Mr. Heaukulam. moved to co the petition to the next meefing, A&i Balsis seconded the motion, and all members voted aye. a. Petition Ne.2010-ll: Further i vbd review of petition queshonmg whether an officer hada con#fietof interest when voting on Bol 2g39 and whether statements made byy the officer caused the ameer to violate ftmad disclosure rents. DILL: Good morning; sir. Thankyoufor coming buck I really appreciate you coming in and petitioning us and taking the time. Ilorow it's citizens ILL -you that have concerns 8 IDIRAIRT – not vet an, roved. mei 8/4/11 HAWAII COUNTY BOARD OF ETHICS Members and staff present: 1. CALL TO ORDER John E. K. Dill, Chair David Heaukulani, Vice Chair Arne Henricks, Member Bernard Balsis, Member Glen Hisashima, Member Renee N. C. Schoen, Deputy Corporation Counsel Mary E. Crosson, Secretary 10:00 a.m.: Mr. Dill called the meeting to order and welcomed_ new board member Glen Hisashima. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS kM DILL: We have Mr. Dan Cole speaking on agenda items 2011 I guess petition 2011-01, -02, -04, -05, -07, and -10. One, two, three, four, five—six items Mr. Cole? MR. COLE: Good morning, board members. My previous caveats before the board remain intact here. And I'd also like to notify you that I've placed a formal objection to these meetings as violations of the Hawaii Sunshine Law with the Office of Information Practices, and I have filed a with the district court across the street. The obscuring in the minutes of the petitioners and of these proceedings after they have been presented before the board in previous meetings is a violation of the rules and procedures of this board, which have the effect of law, and is not in .the interest of the transparency of the public. That being said I would like to also make a note that sitting on the board is a manager of a financial institution and a former state judge. I caveat the board again. The information I am presenting to this board is in accordance with and required by United States Code Title 18, Subsection 4, misprision offelony. I am bringing forth actual knowledge of violations of law cognizant by a court of the United States, identified as Criminal Title 18, United States Code, Subsection 1344, bankfraud institutional fraud. The—I have signed up for all items here as all items are related I will link them all together as one testimony. The appearance today for the County Finance Director—I'm requesting that all these petitions be given formal inquiries, 1 Blanks indicate inaudible or indecipherable speech. DRAFT – not yet a ?roved. mef e/4111 where testimony, sworn testimony, depositions, may be taken. I present evidence to you now of the actual commission of United States Code 1344, bank fraud and violation of Hawai `i Revised Statutes, general fraud. On 2 March of this year, the Hawaii County, by the signatures thereof witnessed thereto of Mayor William Kenai and Director of Finance, County of Hawaii, Nancy E Crawford, did so authorize the issuance and sale to Bank of Hawai `i of $10 million of series B bond anticipation notes with a maturity date of September the 2"d, 2-11, with an interest rate of 1.22916, identified as CUSP number—I spell C-U-S-I-P—number 41969CAE6. The actual custody of this note is held in Bank of New York Mellon, 1 Wall Street, 3.d Floor, Window A. On the same date, upon selling to Bank of Hawaii $10 million of unauthorized County of Hawai `i bond anticipation notes, for the authorization to the notes was identified as Bill 311, Draft 3, which was signed into law by Mayor Kenoi by his signature witnessed thereof on May the 4d; two months after the issuance of the B bonds At the same time, on March the 2"d, the County of Hawai `i deposited into First Hawaiian Bank Account No. 20010201 the sum of $10 million, term date of 184 days with a maturity date of 2 September, 2001, identical to the series B bonds. The money was deposited at a percentage rate of 0.1225% and deposited by the Department of Finance, County of Hawai `i, General Funds. Upon the same issuance of that, the County of Hawai i, as witnessed thereof by the signature of County Finance Director Nancy Crawford, issued the tax certificate of the County of Hawaiifor exemption to tax of state and federal bonds. In addition, on that date, by her signature, the deputy—or the director of the County of Hawai `i also submitted IRS form 8038G, Information Return for Tax -Exempt Governmental Obligations, identified as general obligation bond series B with a maturity date of March the 2"4 2041, with an issue price of $5 million. Upon the same day, the County ofHawai `i identifies that it offered to the Bank ofHawai `i, solely—as did the sole offering of series B bonds to Bank of Hawai `i—a series A bond for $10 million, identified here. So we have a situation that two bonds were apparently sold. The certificate of issuance, master certificate of issuance, clearly identifies the bonds were not authorized and therefore illegal in violation of the Hawai `i County Charter, in violation of the Hawaii Revised Statutes, general fraud in violation of the United States Code 18, Subsection 1344, bank fraud and pattern and history thereof, as two incidents occurred within ten years, constitutes under the definition of United States Code—or to Title 18, United States Code, 1961, Section 1, racketeering activity. The racketeering activity is to include the violations as my other petitions against Chairman John Dill, former prosecuting attorney Jay Kimura, current deputy— or current Corporation Counsel, County of HawaVi, Lincoln Ashida, as in Section A of Subsection 1 of Title 18, United States Code, 1961, is identified as a racketeering activity of extortion. The acts of Chairman John Dill, in conspiracy with Lincoln Ashida and Jay Kimura, constitute a violation of Hawai `i Revised Statutes 707-764, subjection (i), as a public official sworn taking action or withholding action in deprivation of a person's rights The deprivation of his rights are identified as the First Amendment rights of the federal constitution to petition the government in redress of grievance. The continuation of this board, whether I request a formal opinion—but the continuation of this board in this matter constitutes that you are all in violation of Title 18, Criminal Code of the United States Code, Subsection 3, accessory after the fact, pursuant to hindering the prosecution of, and the identification of, the items of bank fraud, extortion, and racketeering. I don't really know what to say here, folks. I've been at this awhile. As you've all said, you've sworn an oath. This is deprivation ofrights under the color of law, Section 242 of the United States Code, in conspiracy against rights, Section 241, 2 BIRAFT – not yet approved. n ---Ref 8/4/11 United States Code. Therefore, you have conspired with other individuals and agents of the county and state to instill upon me that you actually have the constitutional rights and authorities to deprive me or arty person of their state and federal guaranteed rights and privileges. That is known as a violation of United States Code, Criminal Title 1542, sale into involuntary servitude, combined with the violations of 241 and 242, identify that you have committed violations of the 13`* amendment against the person, where no person shall be held in slavery or involuntary servitude within the territories or states of the United States. Therefore, under Title 42 of the United States Code, I am able to file tort against you personally and severally outside of your official functions. I have a JS 44 form prepared for the U.S. District Court, District of Hawai `i, on that matter at this time. It is understood that I have—the actions of this Board, should it go forth, I requested formal testimony where I may subpoena individuals and take sworn depositions and interrogatories It is understood by my formal filing in this matter and in the court documents, I understand that my rights are to be anticipated to be deprived of me this day and that this board will somehow find a reason that they cannot proceed in these matters. So being said, you have been caveated. Thank you very much for your attention. MR. DILL: All right, thank you.. Moving on to agenda item number 3. 3. APPROVAL OF THE NIINUTES OF THE JUNE 8, 2011, MEETING (REGULAR SESSION) Mr. Heaukulani and Mr. Balsis both indicated they had no comments or corrections to make to the minutes. Motion and vote: Mr. Heaukulani moved to approve the minutes, Mr. Balsis seconded the motion, and they and Mr. Henricks voted aye. Mr. Dill recused himself. 4. NEW BUSINESS a. Petition No. 2011-08: Officer's request for an informal advisory opinion on whether the officer may sit on a State of Hawaii board. Ms. Schoen stated that she spoke with the officer and his staff, and he was again not able to attend the meeting. At the Board's June meeting, it was discussed whether or not the petition should be dismissed until such time that the officer is prepared and able to attend. He could at that time file a new petition. Mr. Henricks asked whether the officer was planning to go forward with the petition, and Ms. Schoen said she did not know. Motion and vote: Mr. Henricks moved to continue the petition, Mr. Balsis seconded the motion, and all members voted aye. 3 DRAFT – not yet approved. mef 8/4111 MR. HISASHIMA: Second MR BALSIS. Call for a vote. Say aye? MIR. HENRICKS, AM HISASHIMA, and MIR. BALSIS (simultaneously): Aye. MR. HENRICKS.• MR COLE. I'm just reading it into the records for the federal prosecutors to take it from this. You can understand the concept. MIR. BALSIS. At this point we'll be moving onto Petition 2011-07. e. Petition No. 2011-07: Further initial review of petition alleging that an officer, "by offering solely to the Bank of Hawaii the purchase of Hawaii County General Obligation Bond Anticipation Notes... provided unwarranted privileges, advantages, and treatment to Bank of Hawai`L" AM BALSIS. And no one has recused themselves from this particular petition, and we call back the other members MS. SCHOEN. Actually, my recollection was that—let me just state for the record. 2011-07, the petition was filed on February 14. The matter was placed on the board's March 9`h agenda for initial review. And as you recall, Mike Okamoto appeared and provided testimony for Nancy Crawford, and Mr. Cole appeared and provided testimony. At that particular meeting, I think Mr. Henricks came in late— AdR. HENRICKS_• --and didn't hear the testimony— MS. SCHOEN.• --after the testimony of Mr_ Okumoto, and I think Mr. Cole as well. The initial hearing was continued to the next board meeting to ask—I think the board wanted to ask Ms. Crawford some questions' The matter then was placed on the May 11 `h agenda and at that time, Mr: Dill recused himself from the matter due to testimony he had provided the County Council. And that's where we left it. So there were Mr. Henricks, you weren't there, Mr: Hisashima, and Mr: Heaukulani. I know that Mr. Hisashima has been provided with all of the documentation, information, petition, as well as the minutes, so that he can participate today. MR. HENRICKS. All right, before we proceed at this time, are you calling that - ? MS. SCHOEN.- So Mr. Heakulani is. chair. MR. HENRICKS. • Are you calling that on now? M. HEA&WULANI.• Petition 2011-07. Who's recused from this? 17 ]DRAFT – not vet amproved. melf 814111 MR. HENRICKS.• All right, ifyou're calling the petition at this point, I'd like to recuse myself in fairness to Mr. Cole, because Ms. Crawford is a member of my—I'm a member of her bowling team, should I say, since it belongs to her department, and that we see each other veryfrequently and on an ongoing basis and will continue to see each other veryfrequently and on an ongoing basis in the years to come if she stays on the team. So therefore I would like to recuse myselffor that purpose. MR BEAUKULANT Let the record reflect member Henricks has recused himself from 2011-07. Do we have a quorum? MS SCHOEM: You do have a quorum with Mr. Hisashima, the chair, and Mr. Balsis. MR. HEAUKULANI• We shall proceed. MR. DILL: I— MS MS: SCHOEN.• --You recused yourself. I'm sorry, that—vice chair. MIM. DILL: Okay. MR. HEAUKULANI.• We requested the presence of Nancy Crawford, as she is named in the petition. Is Nancy Crawford here, please? Good morning, Nancy. May I call you Nancy? A& CPAWFORD: Good morning. Yes, please. MR HEAUKULANI.• Thank you for coming. Board members, are you familiar with all—do we need to review anything? MR. BALSIS: I'm veryfamiliar with the situation. I had discussions. W. HEAUKULANI.• Any questions? MP, BALSIS. I have no discussion. MR HEAUKULAAT No questions? . MR. BALSIS: No, I don't. My questions were answered before. MR. HEA UKULANI.• I have one. MS: CRAWFORD: Yes, sir. MR. HEAUKULANZ The decisions you made—was it based on the financial advisor? You folks hired a financial advisor, and he reviewed all of this—I believe it was six alternatives, to include Bank of Hawai `i, to choose from. Mr. Okamoto said that the decisions were based on the advice of thisfinancial advisor. Is that correct? Is that why—that's what I wanted to ask you. is , FT – not yet approved. mef 8/4/11 MS CRAWFORD: Well; his input was certainly important_ Our decision was based within the department, looking at all the information that was available, and that included the information gathered by the financial advisor, and also Mr. Okumoto's input, and others of us in the department who sat and considered what the options were. And honestly, the option that we selected, which was working with Bank of Hawai `i, was pretty clearly the only appropriate option. The other thing is that while we have moved forward in a relationship with them and have in fact taken advantage of their willingness to buy our short-term unrated papers, that option is available to any other financial institutions, that it is not an exclusive arrangement. It's just that by the nature of the size of their bank and where they're headed, that that's—I mean, the investment side that they have in their bank --they have been willing to buy our unrated notes. And so that plays a part in the decision. MP, HEAUKULANI.- Okay, thank you• The chair will entertain a motion. I've heard enough. AM. BALSIS. I'd like to move that we dismiss this petition at this time. MR HFA UKULANI.• I have a motion to dismiss the petition. Do I have a second? MR. HISASHIMA: Second MR. HEAUKULANI.• Are we ready—arty discussion? Ready for the question? AM. BALSIS. Ready for the question. MR. HEAUKULANI.- All those in favor, signify by saying aye. MR. BALSIS. Aye. MR. HISASHIMA: Aye. AM HEA UKULANI. Aye. Opposed? The motion carries. Turn the chair back over to Mr. Dill. MR. DILL: Thank you, vice chair. f. Petition No. 2010-10: Review draft order following the 5111111 formal hearing on petition alleging that Councilmember Brenda Ford did not treat Kimo Lee in a "courteous, fair and impartial manner" at his confirmation hearing. Ms. Schoen apologized for getting the draft to the board members this morning. Mr. Dill said-hereviewed it and found it acceptable. He asked the others if they had any --comments; questions, additions, or corrections to make. Mr. Heaukulani said he had none. w N '•-i U Cd 5•, Cd b .H k W co f iQg`7F m .may m.a .ey Im WR W. y 4ta�f�9+ •ticd .�.�� -X12-,�sl:�"eY ,•. ���'.�-..-r.r.,. . r.ts Emily L Naeole CowrciX Member Maiting�d�: 25A&WW Street Hilo. Ham? 96720 BoftevAddrew 3 Avenue, Second Fkar 1kn Frmkfft BWIAV Hilo, Hamll 96720 Hawai `i County Council _ County o, f Hawai `i T (M) 96I-=7 Fa Anfie: {SAS) 961-012 June 5, 2008 To: Dan A. Cole P. O. Box 630 Keeau, W 96749 Aloha Dan A. Cole: Thank you very much for writing to me about your conci. I appreciate your letter and will follow-up regarding your mana'o_ As oftoday, all complaints rig Janet L Kamennan, Jay T. Kimura, Lawrence K. Mahuma, Mr. Albert R Gonzales} Edward H. Kubo, J Stanley Yoshimoto, and All - COUNCII,NIFMBERS has been re&rred to Chairperson Pete Hofmann. Again, I thank you and I hope this concern be resolved as soon as possible. Mahaio Nui Loa, A f Emily I. Naeole - Council Member, 5* District glk Nawai *1 County &M FWd OP,parO&Wy Provider and Employer OEM Po —Si'!2 PAX: (=8)9614912 _ jjg�iEdA'?<bElmCj� _ P�Feda�c� _ • 3WAbLBitiw#6-100 - DaarT%&_ 9 in.�eP®a Hrmhum t00% �g ceat:a�, pla�aeosdect _ PJD-Bi=400 (Oti8 906649 Dht U3 - JYh&m c� A& Dan Cain This dommirentwas-copied from court records filed in Civil No 10-1-0082 in the 3`d. Circuit Court of the State of Hawaii on 2010 MAR 16 PM 1:50 Cdr�►is�t$4dA;a+idie'dudB■pd�p' Mn 1111111.,T-AF�- no gm EXHIBff IT He"MW Aftybr a COUNlY OF HAWAII ��y �f...a.a./jOFFICE OF THE CORPORATION UNSEL 0j jWpu s 00325 o MWIl A 9020-42M Is (80-661,M1 ♦ Fm June-4.2004 Ho "able NMaik J. Benneft AuwwGmxW Deparbmt ofgo fiamW Glenerat 425Queen 3t Hord, M 96813 Deaf W. Benner RE: Dan Cole GereldTakm �� tf0n counsel- 1: �! 4 s s ,a - G t: a s 'r-: a _ a• t a- •; ,.,1"_.! �Y :� .',Y:- f; [�ttt ��t:'! a �'Yt it i - 4r; �• C'_ •� r ,cf.: Y,:._ �s.: • !.. tE'.iF r1: : ♦/ 4•': iY-; 1,711 -#Y �.� - of j - _.•, -i' � i'f-� lite tic yu It advance f(WyeW Old cx dera4io - of#ft rrraftr- � amel�CapLloanseYl.BAMs�����o1s640�SAar j -MiS dMuMm V woupi' from co tut records filed in Civil No 10-1-0082 in the 3'd: Circuit Court ofthe State of Hawaii on2010 MAR 16 PM 1.50 i=�;: j- - q - - ��.-� - tom► _ UM9 fA MW.gCTC0U DANA. COEE _ �.'. -.:09TwToF%wAs :.P.O Boaf630 _ - • =. '= - Iiavvsii6'I4 :_ - _ - Telephone: (808) _966- plaintfix Pm Se 4~11cacOLS IN THE UNITED STATES .DLSMCr COURT DISTRICT -OF HAiaVAtl COLE, DAN A. ) . STATE OF HAWAII; COUNTY - ) OF-HAWAIL JOHN DOE 1-50, ) JANE DOE 1-10, DOE ) CORPORATIONS 1-10, DOE =) . PARTNiERSIM 1-10, DOE - ) GO AGENCIES ) :1-10 ) Defindents. ) CIVIL No. CVWL00325� . JMSIBMK PLAIl+FTMF'S M0110N TO REFER RECORD OF CV05-00325 TO THE U & ATTORNEY GENERALTOR RiVEMOATION OF CRIA DIAL AND CIVIL VIOLATIONS OF UNITED STATES CODE BY THE DEFENDANTS; . MEMORANDUMIN SUPPORT OF MOTfON; CERTIFICATE OF SERVICE CONES NOW Plate Dan A. Coles and bueby moves this H ble-Coud in, . refier the record of CV05-00325, to the -US. Anorwy gyral for investigation of Geral violaters of TWC IS U.S.C. Section 371 C m hacy to cx a or to - defraud United Stages, for Civil vWa6ms of Trtie 31 U.S.C. Section 3729 Faise clsimsy and %r Criminal violates ofr#k 18 U.S.C. Sedim241 Caupfiw,7apinstfi&& Acts commWed by the Dom. 0 I herein cCW,1 i cwt j L:s is a i;;l'd, true and correct copy of the C on this oifCt. C[erk. Third Circuit Count to of Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 s# 16 ` J Telephone: (808) 966-9229 ' '' Pro Se � '=t !` r"Sit "' - : L. r, IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII 10 1 0x82 Dan A. Cole ) Civil No. (Declaratory Judgment) Plainti.ff, ) COMPLAINT FOR DECLARTORY VS. j JUDGMENT AND OTR RELIEF; EXHIBITS "A -C"; COUNTY COUNCIL OF THE COUNTY ) SUMMONS; JUDICIAL NOTICE OF HAWAII, J STANLEY YOSHIMOTO, ) DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, .EMII,Y I. ) NAEOLE-BEASON, DOMINIC YAGONG,) BRENDA FORD, KELLY GREENWELL, ) PETE HOFFMAN, in their official ) capacities as members of the Hawaii ) County Council of the County of Hawaii ) JOHN DOES -1-10, JANE DOES 1-10, ) DOE CORPORATIONS; PARTNERSHIPS) GOVERNMENTAL UNITS or OTHER ) ENTITES 1-20 ) Defendants. ) I herein cCW,1 i cwt j L:s is a i;;l'd, true and correct copy of the C on this oifCt. C[erk. Third Circuit Count to of Theme is evidence that the County of Hawaii and the Federal Government were defrauded into payment for 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. In 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 natural path, before the next flood. I am attaching a 20 Feb. 02, letter from the County of Hawaii, Department of Public Works, that identifies the area of concern. It appears from photographs that the bulk of the 688 cubic yards, over eighty (80) dump truck loads, of debris material that was removed from the identified properly 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 disposed of. Please contact me for additional information 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 attachments EXHIBIT "AN TO: Councilman James Arakaki 18 Nov. 02 FROM: Dan Cole, phone 966-9229 1? L ,—_ �•' SUBJECT: Flood Control in your District 'i' Aloha Councilman Arakala, I am writing to you in response to a article in the Tribune Herald, Sunday 17 Nov. 02, "On council to-do list: halt floods, finish plan", and the Chris boos 7 Nov., article about the County being sued over flood damage. Through this letter I am "Officiallyy', bringing to your attention a flooding disaster waiting to happen in your district. I am pointing out to you that as a result of a Flood Debris Removal Project P-3535, the Palia Stream bed between Kilauea and Kinoole 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. Theme is evidence that the County of Hawaii and the Federal Government were defrauded into payment for 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. In 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 natural path, before the next flood. I am attaching a 20 Feb. 02, letter from the County of Hawaii, Department of Public Works, that identifies the area of concern. It appears from photographs that the bulk of the 688 cubic yards, over eighty (80) dump truck loads, of debris material that was removed from the identified properly 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 disposed of. Please contact me for additional information 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 attachments EXHIBIT "AN TO: Councilman James Aiakaki FROM: Dan Cole, phone 966-9229 SUBJECT: Flood Control in your District Aloha Councilman Arakaki, 1 am writing to you in response to a article in 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 flood damage. Through this letter I am "Officially", bringing to your attention a flooding disaster waiting to happen in your district. I am pointing out to you that as a result of a Flood Debris Removal Project P-3535, the Palia Stream bed between Kilauea and Kinoole St. was filled in and the stream path altcrc& 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 defiauded unto payment for 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. In 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 natural path, before the next flood. I am attaching a 20 Feb. 02, letter from the County of Hawaii, Department of Public Works, that identifies the area of concern. It appears from photographs that the bulk of the 688 cubic yards, over eighty (90) dump truck loads, of debris material that was removed 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 disposed of. Please contact me for additional information. Lot us hope this hazard can be corrected before the County becomes a Defendant in yet another law suit as a result of flood damage. ZA z . Cole Copy to: Hawaii Tribune Herald, w/o attachments no No. Bet. To.-- M. o:M. Date.�,. $ Jul 24 tib IJ-Wa Dan Cole 966-9m P3 IS THIS AGS, and on FBWGARY N♦ 2006y and been the COUNTY OFHAYWAS, e Wa corporation, d*a d � tam of t o State of t ta,� by � MM. Js Mayor. Wtme place d bnmw=W MOM address 1s2'5 Amir Street, tf. Hawati 96M. t t Totudy,' and MAW (K U -G 121 #' t1ftm Skeet SFM. h caped ` "Waclor.` That tvr ai{d in wradmalm of the pwjmwft twwmUr tr>wdlened, the Ca*adw hmuby commift ad a8ees to and wNh the CaunW do iowisth a•d pay for 0111 °dBbMk equiprnent, libm and oher uhcidmiai work necessary to pmpedy cmdma ad come in pbm -FLOW DEBRIS RE fi0VAL FROM HLO Ste.' .lob No_ Prim. South H1, ffi2tt oki r� � and al� work , all in avcf�rdanoe wtfh be, pians an tae at thfe cam* Depa*mnt of Public Works for Project tan: Pte, the pruposdk and deistW speducaams, ad#acthed hereb, #0 Ceneral Requlmm" and Covenwft, as aomxled. and the SbwWmd Sper.ffications for Ptthtic iilforlss Corte, wIdCh tlanS prCgoggj$;�r.-dWW d RKFkemen1s wW Cwetwjs, and Sbdavd for Pub& Works mon. kmkm bg al adMuns titetrpn or de&xbons thereircm. are crude apart h weof by reftence. and th carapfule go swoon or beiote ftwil 4z, 2001 , Oran or befas such lager date as mar be find in accordam* vAh tits %xd&zfwvL The addillicm ort this contimit wA jwt exceed ttte sm r�rs, s AOL S� the GLH SW i WA pm*mmmnce bi S&Cadraci ft Cm* hwebyagrees lope I& to Conbaclic #m mun of ONE tjUNDRED IVAENWTHOUSAND SIX HUNDRED i1if1EN 4:;DM AND NQ G0—M2rr.G24AM such payntfards io be trade, boyrmw, onto candilbus thereto amtetced arm nmdt: a peat# hereat and sW*d b such adMons beret or deducbom Immimrn or heeeaiber made in accordance WAh to praAdons d such specilicefims, gerwrat coni 5ma, and this ate. -in acoordei = vft Secftm 106.63 and 237-4% Hawal Revieed Sees, tW aonbuct si W tai be eon by the Cntmiy of Hsrxgi MA of im domes item the Stab Mador of Tam*n and the 111, t 1 fbmum Service, to addltion. final paytirtent.00 the mirl mir t strath be vnV6dd unt the saoeipt of tart clearances I mrt the Static Dkedor of Ta>mfion and the ' ,-F of RWAWA Ser+im k is ratderviDad and Wad that any suites b be providled in accmdowe wdt the: berms of tris may bre brrnhuW ]tttediai o b In whale w in pert, upon a fmdhg by the Cuumky 1119 these servtoes trust be provided by pubft e npioyees pwaumd to to Sennee rarer of Oat s mah services wA the discorgihue L It is f:effter ande mbod, haat shmtifd such a frxkq. be nada; the Courdy vAl not be liable ter itis contract for any resuWmg dam qW and such a berrnina6on wM not be considered a breec3h offids agreeirmiL IN WITNESS liJHl9: EOF, the CmvW has caused ihts agmetrterit b be at Hlb. Haw d County and Sbl a of Eiarrak and the Cowadw #ens tmbis a la tie wed at R:ELO . Hm A tgsie of mesas . as cfthe dayand yearthstabove millirm. RECD APPROVAL COUNTY OF . qCAJU Dkedor. DPW dfayor CottthtY Dole, Trot00 8y _T i10 GoEdca Cota t President Contactm APPROVE: AS TO FORM AND LEGAIL" No action or Pm0sdW iiadvirg fm ofrflbad shW be °mwomced by dMw party >eoceQE ki Bee cbmat or int CaWrm*n U& Cowls of the Third Cats>by of 11011011i ftft of Hawak CauntyofHauvall nor shoo any actioncandeenew in sari # be jerwved or wed b=Wamm stab or c*WL Dab IM DOCUMEW WAS t 9! J• ; M MAYOWS OMCE, COWY OF HAWAIL OCr 1.12009, • i' s_AL 10-11) STATE OF -HAWAII COUNTY OF HAWAII A DAVIT OF jLIRp A. SSR JIRO A. SUMADA, b ft duly sworn on V* oatfi, deposs and says; That . he is the Dep* min attd for the Cm*of Wmgk Sla#e of fiw� that as such Engnew, he odes that the FLOOD DEBRIS SAL FROM HILO STReAMS, South Hib, HmA Job No R -MM, has bow bPpecled and i* does hereby cerft that aff .wG* done !n #wcwaouc*M,0 fsM s been Pirtmved a wrukrr�anlikenMwwwwvw#wsaK FLOOD ogle SAL FROM HILO WR AMS, Som 115% haws, Jab W PWN. aftesald. wft y on the 3rd day of Apt#, 2M. In a with to s Imsfor and ail a*wbwddmqesftwsbdaneQWPwbfmedfnaw and reWOSO4 and VOW aftt does heseby aocogto same as completed as of Apra s, 20I. SubsM#M. i and sworn to bsu+e the oft day ofApt , A.D. -2Wl EL" . v&ff. T Mfty Pd3kSho of ftrasi ♦. EMfMT Pmn , TO: Councilman Tyler FRONC Dan Cole, 966-9229 7 April 03 SUBJECT: Public Works Report you requested at the 17 Dec. 02, Public Works Counsel meeting. Aloha Councilman Tyler, At the Dec. 17, meeting you requested the Public Works Dept., represented by Paul Nash, to make a report on numerous items that they could not answer in regards to the debris removed from Hilo Streams, and the altering of a stream bed. You asked me if I would meet with Public Works personnel with my contemn, which I agreed to, and you instructed Paan Nash to contact the Corporation Counsel about the legal issues. You instructed that a report be made and that I be given a copy for review, and if I disagreed with the report you offered me the opportunity to voice my disagreement. To date I have. not received the Public Works report. At the request of Paul Nash I waited until at%r the Holidays to arrange a meeting, on Feb. 6, 03, in a tape recorded meeting at the. Public Works Office, I meet with the Paul Nash, and the Dept. Heads, including Bruce McCall. The Public Works Dept had no evidence to support their statements, or to explain the documented evidence I presented. In the tape recorded meeting, Paul Nash admitted that he mislead Todd Nichols of the State Dept. of Health, Solid & Hazardous Waste Branch, who was investigating a complaint concerning the disposal on private property of sedk=4 that was generated firm Job No. P3535, Flood Debris Removal from Hilo Streams. This complaint was referred to the State of Hawaii by the Environal Protection Agency. Paul Nash admitted that be had not seen the sediment in question, did not know where it came from, but told the investigator on 8/10/01, that the material removed from the shream contained mostly rocks and that he didn't notice any rubbish or orders, and stated that the Palai and Maiakea Streams were involved in this job. The contractor states the sediment in question came fi+om the Waiakea Stream. Based on Paul NaWs misleading testimony the State concluded that the sediment placed on private property was inert fill material, and closed the case, File: 01-133. N I request that Paul Nash be formally charged with making official misleading saments, and that the State Dept. of Health be notified of the false testimony and a requeliSmak to reopen the case. Z� Nn J - c Sincerely, D� o Dan A. Cole CO. EXHIBIT 11BB91 COUNTY ®F HAM. Department of Pabiic Works O Engineering Division 25 Atipumi Street Q Hilo, Hawaii O 96720 Phone: 961-8327 0 Fax: 961-96311 Dan Cole WE ARE SENDING: ❑ AtiarW ❑ Sbop Drawings ❑ Prints ❑ Copy of Leiter ❑ Change Order r LE'Trl of TRANSiVJMAL DA7 Marth 18, 20" Mewuhmm RE: Flood Debris Removal from Hiio Streams ❑ Transmitted hely v ❑ Plans ❑ Samples ❑ Specif cations TRANSMITTED AS CHECKED BELOW: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested - ❑ Rued for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ Por bids due ❑ +-� -o r RCMARKs: c D =; >F a - COPY TO: SIGNED Patti Nash K ......iws.•rac tin an# x rWod nnwv ant at onciL gACKGROI7l�TD Flood Debris Removal from Hilo Streams, County Job No. P -35351P removed debris from stream beds at several different sites in. Hilo after the flood of November 2000. The project was funded in part by the Natural Resources Conservation Service. The County awarded them Mr. pawl Nash of the Depaztme contract to Island 66 LLC on February 16, 2001, based on a competitive bid of $1 ent of Public Works was the project manager on the job. Mr. Drew Stout of the Natural Resour(s Conservation Service assisted in the inspection of the work. ISSUES BROUGHT FORTH BY MR. DAN CODE 1. In May, 2001, Mr. Cole came 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 Island 66, regarding an exchange of services. Arg to Mr. Cole, W. Folger was to construct a parking lot on Mr. Cole's property. Mr. Folger had indicated that be would be using excess material from the Flood Debris Removal from Kilo Streams project to build the lot Mr. Cole's complaint was that N ft. Folger dumped poor quality materia 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 response. 2. Mr. Cole later correctly claimed that Island 66, the contractor for Flood Debris Removal from Hilo Streams, leaked oil from his construction equipment while working on the County Project. According to Mr. Stout of �CS who helped the County inspect urred when a doer's hydraulic hose work, an oil leak at the Awapuhi Street site broke. The leak was outside the stream and less than 5 gallons. Mr. Stout asked the contractor to clean it up, and the contractor complied our February 20, 2002 letter to Mr. Cole states that neither r. stated that StoutNash not W w any evidence of oil leakage. This statement �Nash � ��derstood Rdr. Stout when didn't see any oil leakage into any streamMr wrote the February 20 letter. C � s The February 20 letter and a map showing the location of the leak are attac r ZO reference. in 3, Mr. Cole expressed verbally to Mr. Nash that Mr. Folger was not paying tars M4ash= ponded verbally that the issue was beyond our jurisdiction. No written re nse�M res ; 17, ;. v F-- r- sent-�� f- o 4. In early 2402, Mr. Cole complained that the County treated him dfifferentlyIfrOm a0her property owner though both he and the other owe werein a similar situation- The details are spelled out below: COPY.4 According to Mar. Cole, the contractor placed a large amount of flood deposit from a stream and placed it on Mr. Cole's properly without permission. Although there was a verbal agreement between Mr. Cole and the contractor's employee, IVIr. Folger, the agreement called for ball sued water -washed rock with fines- The material placed on his property didn't meet this specification. The County, however, did not make the Contractor remove the material from Mr. Cole's property_ A similar situation occurred during the same project Mr. Yoza, a landowner adjacent to one of the project streams, asked for the flood deposit material removed from the stream. He instructed the contractor where to place the material, and the contactor complied. The next day the County learned that the land where I* Yoza had instrMted the contractor the place the material was not owned by Mr. Yoza. We asked the contractor to remove the material. Mr. Cole cites the above two situations as an example of inconsistemcy by the County - We told Mr. Cole in the attached April 16, 2003, letter that the situations were different. In the first cue, Mr. Cole did give permission to dump material on his property- It was Mr. Cole's responsibility to enforce the specifics of the deal he had. with the Mr. Folger. The issue was not brought to the County's attention until af= the contractor had finished all the work on the project. In the second case, the owner never agreed to anything 5. Several tunes Mr. Cole asked, "Where slid all the material go`in Except for one site called KinooIpg;taUea Street, all material was disposed of on-site to provide flood protection - Of the 688 cy from Kinoole/Kilauea Street, 200 cy were disposed of on-site- Some of the remaining 488 cy went to Mr. Cole and some went to another site near Awaguh' Street We aren't certain if this accounts for all of the material from KinooldKilauea Street. 6. In November, 2002, Mr. Cole's staled in a letter (copy attached) to Councilman A.rakWa that the Palm Stream had been fillers m and its path altered- This matter was brought before the County Council, which asked Mrmash for a report addressing Mr. Cole's concerns. Q Both Mr. Nash and Mr- Stout are experienced engineers who kept a close w ons project, and they attest to the following: 0 ry , crr a. The- work was properly formed by the contractor. b. The stream bed was cleared of debris after the November 2000 stont, ; � c. The stream be was never filled in after it was cleared. This was Yerifk'&m December 13, 2002 survey. CL The stream path was not altered as a result of the project. } e. Neither the County nor the Federal government was defrauded - COPY 7. On February 6, 2003, Galen Kuba, Bruce McClure, Ron Takahashi, W Stout, and Mr. Nash met with Mr. Cole and heard additional concerns including that the material placed on his property constituted an illegal waste dump. We recommended to Mr. Core that he contact the Department of Health, who oversaw this kind of matter_ Mr. Cole had already done so in mid 2001. The Department of Heai#h had investigated the mutter and determined that the material deposited didn't constitute a health risk. At that point they decided not to pursue any additional investigation. COPY, 4 d pO CO ZC 3 �l Cn M COPY, 0 EXHIBIT-- "S" COMPUTATION SHEET ` NRCS ENG323A Rev. 10-97 STATE , r T BY S DATE SUBJECT C / w Lu U) z 0 _z Pin* U_ S. OFAGRiCULTURE NATURAL RESOURCES CONSERVATION SERVICE cTA�F.(�tlG ''t� ►rj`�? _ti:sx . ;.f ,r EC EU BY DATE JOB NO: 4#� - ZOO ! _ !` -7 SHEET I OF . 2 gth: DeBRiS �•� gr-_c- SI'i� -AS p�R�TED 6YC� txsp0saL SAAu 8e-, CE>N-PACTS tty 18 `I ktI�TS. F] SECTION A PLAN VIEW ILIO SCALE 100! It 50 D55RtS RSM'VAl— = 0 HOMES @ DEBRIS PLOW SALT t B CojWpUTATION SHEET NRCS-E4G-523A Rev, 10-97 U. a DLE �. RVATION SERVICE NATURAL RES`d&CES CONS A10 STR A t, MANED Sr uaJ�iES OR(17E�rr� A 1 DATE JOB NO 1-1 I Lp SHEET!--- Of �- . PLAN VIES/ NO SCALE 7�2 . pe3RI5` t71�f�asEfl o� ott--srt� AS Dtfke:(_ =D SY Tie EN0114ESIZ.11AIS. UCAS S}OAL.L 6e CO [� HOMES o DEBRIS 0 *2 -12 -DIP 20 EACH .Q to 5 - .a A A 1 uL! 24 0 SECTION A 5a` y U. S. _fZTMB+tT OFAGRJCULNRE COMPUTATION SHEET _ NATURAL RESOURCc� CONSERVATION SERVICE NRCt_ENr 523A Rer.10-97 PROJEcr PALA! STREAM; AWAPUPI ST. -140MIES PRDTEC-TloK STATE ! !I t1 CHECKEU BY DATF JOB NO.111 6 - 2001-10 Br ps HATE f j f� Gb SUBJECT E w p SHEET 1 OF STREAM_ FLOW c Lj7t4j_t;r_T5 ma pevns SAAAW T"iS DEBRIS S of tb; tkrTtR. PLAN VIEW' NO SCALE []HOMES ODEBRIS -ROCK WALL SECTION A I Fl - EI - []2115 350 Lu Lu i DtSPbSl�p OF. ►E COMPACTS, =Trow o� TSE ATION SHEET U. Ste` tRTA1ENT Of AGRICUtTilRE" NGsz3A Rev. 10-97 - NA. RESOu}tt ES CONSERVATION SERVICE F!A7�E �I PROJECT SrR£Aty OLV ST i�1flN1ES PROTECTtp� �?DATElI B da CHECKED BY DATE JOS No. ff��0_ZQO�-O�JECT kiPsHEEr �!I ol:I T E_ "Cr'' I s0` 'T�� ECEG�IC LINE KI NO4 L.F— ST = "s° J. Ll 1zVIEC. GAS �s RENio�tAL= gSo;c; =z=. A F1!=o? 0 M0TE_• SaMr_- BRIDGE D�sR�sp aaF oit: "-. tea , UEBRts smALL _GoMP EJ_ El 04 UPM AT �s 3 K f L A UEA AVE WATEK LINE F114OUSE " - - El It.4 f t, --i rRosto! ` =� ❑ PLAN VIEW-.'. _ AMENDED TE Nl PROJECT WAIAKEA STREAM: KAWAILAN�ST—�—Ho-'M"�E D DATE j 8TD-0 CHECKED BY DATE JOB NO_ Hl LO _ Z OO I - O JECT E r_ �'Y � P SHEET QF 2 15 "SECT Ai REMoY5_ �E�RiS Rewpo lE ©ESK! 01HAN•A ST �iS REMOVAL= 62 -Sc HOUSE :o d DQ DEBRIS EROSION PLAN Vf E kl BROKEN WALL T N t? SCALE t l3%t: t11cLVOED vE s /N FLOOD PLAN REW04AI- Ar Amorrktk lbC.&,TjW 4 s m - Addendum No. 1 -=_ _ T/O/V SHAT �Z3A Rw.1Q497 A7E U� DA IE -7 Oip FBJECT Ekl P DEPARTMENT OFAGPJCULTURE )RAL RESOURCES CONSERVA770ti SERWCE zoo I -Ol JOB NO. — So 20 4 , SEt7. A ter•-..�.-•: -. _.� -_-•- ---- .. 345 - C'•r = HOAKA R D SECT. 8 30 PLAN Vf EW 200' NO SCALE i:aeE i ` -- OF -MIS KE MOVAL_ = 1900 el REN -0.4 DE 3Q►sR HOUSE ke DEBRIS E R0;5 10* [5174C-931 Permits for amstruction or alteration. leo person shall construct or alter a stream diversion works, other than in the course of normal maintenance, without first obtaining a permit from the commission. The commission may impose such reasonable conditions as are necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the general plan and land use policies of the State and the affected county. Nothing in this section shall -be construed to be inconsistent with part- IV. A person proposing to construct or alter a stream diversion work shall -apply to the commission -for a*permit authorizing such construction or alteration. The application shall contain the following: (1) Name and address -of the applicant; a (2) Name and address .of the owner or owners of the land upon which the works.are to be constructed and a legal description of such land; Kik PART VIII (3) Location of the work; (4) Engineering drawings showing the detailed plans of construction; .(5) Detailed specifications Of construction; (6) Name and address of the person who prepared the plans and 4 specifications for construction; . (7) Name and address of the person who will construct the proposed work; (8) General purpose of the proposed work; and (9) Such other information as the commission may require. [L-1987, c 45, . pt of §Z] Nft Nca hnp- Avww c*bD , .gwWOI03_ChO121-024UD/._. PART 'ilii . SRS DIVERSION W©j= [5174C-91] Definition. In this part: "Stream diversion works" means any artificial or natural structure emplaced within the stream for the purpose of diverting stream water. • [L 1987, c 45, pt of §2] PMV previous Harry Kim Mayor April 1, 2008 fiauC fV OfAnium`t DEPARTMENT OF PUBLIC WORKS Anpuni Center 101 Pauabi Street Suite 7 . Mlo, Hawaii 96720-4224 (808) 961-8321- Fax (808) 961-8634 www co:5awaiibi.us Brace C. McClure Dkector Jiro A. Sumada Deputy Director 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. c_ kue- 4RT.cCLURE, P. E. Director of Public Works c: Corp Counsel - Ivan Torigoe Comity of Hawaii is an Equal Opportunity Provider aad EmplMw. Harry Kim Mayor April 25, 2008 DAN A. COLE P.O. BOX 630 UAAU, 1-11 96749 imufla of C-���t DEPARTMENT OF PUBLIC WORKS Anpnni Center 101 Pa" Shag. Suite 7. MD, Hawrai`i 96720-4224 (808) 961-8321- Fax (808) 961-8630 www.co hamm"ius SUBJECT: REQUEST FOR INFORMATION - 4/21108 This is in response to your April 21, 2008 letter. As requested by item 1 of your letter, we have enclosed: Brace C. McClure Director Tiro A. Sumada Deputy Director . 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 scream 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 Havmi is an Egtml amity Provider and Employer. Harry Kim Mayor June 13, 2008 W. Dan A. Cole P. O. Box 630 Keaau, H1 96749 ^ dourd-V sof Aafvaff DEPARTMENT OF PUBLIC WORKS Aupnni Center 101 Paaahi Street' Suite 7 • Hilo, Hawaii 967204224 MM 961.1321 - Faz (808} 96145630 Brace C. McClure Director Tiro A. Sumada Depity Director SUBJECT: HAWAII STATE UNIFORM PRACTICES ACT, HRS 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 0 County of Hawaii is an EqW Opporawky provides and Employer COUNTY OF H WAlq OFFICE OF THE COMORATION COUNSEL IN Amp= Shma, Sine M , Hft SM20-+M ` M ' Fax OM�-� June 4, 2004 Honorable Mark J. Berated AitmyW GefwW portent ,of the A*xney General 425 Queen St Honok&ju Hl 96813 Dear Nor. BeruieM RE: Dsh Cole On t: 2004. our f .h- met vighDan : ht .ham ,i ! a cornplaint if � t !'. sir~ _? G.f � i li - h occurred an the Big Island of - xn has caused Mr- Col f �• r� ✓t_ i•i.1'tt�-! .� L a acts of !1 a:, ! t f,h { 6xvicial loss. W. Cob greserded whEkt -4f'i_ df to be ff' .:::i,:.= ,:f:.- h C-•, i. ' • - .h' if .ice'' f :iF' c. ... L4r. Cole was advised to seek tie seMc8s of the AftorrW Generars i`i._ tD-1 ask your aw&Wm on betwff •7Mr.ColetolookNo this title Cole may be conta -'i Box stitif - _ ✓. 96749- '-, , t ft {ek:.-t: if' S 'i 1. cied at :0 966-9m. NET Me -t, - 7{�f' •' Gia. very WY • uNcOLM S. T. ASHIDA Corporation Cou� End. cVDan .{arkwt erc.} >�y (Wout end.) Bn1ce fie, Director at Pic Works (v out encs} f S: pew C� UiieC. �esp.!l�9Cb AG i8 {.de 6�i-fll[i�f Ha "t COMW is 00Eft �PPQ�3���3�'� - ��- XIBITrr 0 PART II. SOLID IG STE CONTROL §3428-30 Prohibition. (a).No person, including any public body, shall engage in the operation of an open dump. (b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director. (c) No -person, including any public body, shall discard, dispose of, deposit,- discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount greater than one or less than ten cubic yards.in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance. (d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall*be subject to one or more of the following penalties: (1) Criminal penalties of not more than $25;000 for each separate offense; (2) Not more than thirty days imprisonment for each offense; or (3) Revocation or suspension by court order of'any contractor's license to operate as a contractor or any applicable -certificate of authorization from the public utilities commission. Each day of a violation shall constitute a separate offense. (e) Each fine collected under this section shall be distributed to the authorized agency that enforced the activity prohibited.under this section; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited under this section. [L 1989, c 212, pt of §4; am L 1994, c 210, §6; am L 1997, c 268, §3; am L 1998, c 226, §2; am -L 2004, c 143, §2 and c 145, §2]' Previous Previous Next Next if 1 9/5/2005 9:18 AM << 40 0' fiat 9Hi3RYptJ.CAYEi/WQ GOVEFAM Or s.M~ STATE OF HAWAII DEPEW of HMTH ROLB 03378 H HOLLILU HAV4W GW. November 28, 2001 SUBJECT: Complaint Concerning the Disposal of SPdWWWV4 at 7CE S ANpERsflp, Pk d, Y_P%L Dv*cf R OF WALM ElADISFN� si121TN File: 01-133 On August 8, 2001,the Depactrnent of Health. Office of Solid Waste Management _ (OSWM) received a= from the Environmental Protection Agency regarding the subject complaint. OSWM has also reviewed the photos and information you submitted on or about August 29, 2001. Our investi .on regarding your complaint had led us to conclude that the mnaterial pial on the subject property cflnsisted of. inert fill material, and that you had quested the placement of the fill material on the subject property. In addition, it is the OSWWs understanding the sub ect sediment was later used by you at the site as fill material. Based on this infprmat , the OSWM is not planning to take further actions regarding the complaint at this time. iIfyou- have x586-42questions 4 concerning this letter, please contact Mr. Todd Nichols of my staff Sincerely, STEVEN Y. C, p Solid &hazardous Waste L-1 , &'I' _: a -1, 1' • { s,. UM It Om A pens exjurdanff the be mkwhw.- (1) Obolm cc emits commaj OVM the pWPCdY.or =Aces of uwdm r with i e a mdmr of pnvcty ar by t n� byword or camdoct a: {a) boNg MJKY in At f hm t© do pmm wed at to any adwr 1 Piss n a. t971 Caere GEMP 91 FIN, Of CKLY or C=W dmwpv as defined. in stafim 7 to a*mpow� (C)SW*ddwppl no dmmftmedormYa&wvtopkysk:dcon- = t a peaai o {e) _A=m same. of mv QMBW or cause a "east (3) badhVid ageing som persW� Ct) Eapa®e-a Secret or pufficim = userled fiW, wear lase or faire, oror fa mopair theM6nftWWss&A person's cwt ar brepawt tai aay o�m-ion lobeconc=dedbythe erred at easy athm pmol {b} Tnfify to pwd& * s - or wed ledimanyar infaasa- lien with n gmmt to aha iced cwmm or defimm O lhim. or whMwU WdM as a pub5c servaM or-, an me a plc ser- Q) erQ) abow or comdona sugm boycom4 oradw oonective aOdM tOGbtlk pecipedy tW ig of demmded or reed for the banefit of the god dw the O pau to represent or (k) Doany o inset dmatwrvaidaotihit@WaDb b the de- f+msdeat but which ire I person ssespeca tLe 1'gheaft ub[y� budmaW tad! °°, repatudoo, or persami �rslupsy. of induam�c; sage is cruet whicda.a�sai�sisig��aira�iaociasbit�fi�oncc�dact3n w WmdWhWaiejWd*IDWVVby byward orc to do any of ties set looh in (IXS) dwouO f or Oftodanof rsagt bye I i r "ivnm-e . A. L I c Itis pt of §i; stn L 2001, c 33, §31 - is � axion, piaio�ff drd as amity es■anid of eanc�rio4 sed iced �► ► aaa�ed ex�ociion aWdig do%nis�s laser a piai. SSS E. i 156. - LOMA LBIGdE GOVERNOR OF HAYM x4 .6'a60 51 9 STATE OF MWAR DEPARTMENT OF HEALTH PABOX3378 HONOUILU, HAYM 96801.3378 August -19, 2004 CERTIFIED lillAli.140. 7003 1680 OM 1606 RETURN RECEIPT REQUESTED Mr. Dan Cole P.O. Box 630 Keaau, Hawaii 96749 Dear Mr. Cole: = SUBJECT: Disposal of Concrete Rubble and Sediment at 15-1490 200 Avenue, Hawaiian Paradise Park CNYONE L RMW, RA DIRE IM OF REALM in N . pease lEftr me ESB S0821TN Fie: 01-133 On June 1, 2004, the Department of Health, Solid Waste Section received your request to reopen your complaint,which we .received on August 8, 2001., regarding the .disposal of flood debris on the subject :property it is our understanding that on or about April 2001, at your request, 21 loads of flood debris were deposited on the subject property and that the flood debris consisted of approximately 16 loads of sediment and 5 loads of concrete rubble. It is also our understanding that sometime prior to June 13, 2001, you buried the sediment and the concrate rubble on the subject property. An open dump is defined in Hawau Revised States (HRS) 3421-1-1 which provides: "Open Dump" means a alisposa/ site that is operating fn nonconfomrance with applicable standards, n0evant permit conditions, rules, or this chapter. Operating an open dump is a violation of HRS 3421-1-30 which provides: (a) N including g any public Body, shall engage in the gyration of an A solid waste management system is defined in HRS 342H-1 which provides. 'Solid Waste iV�_nagement System"means a system forthe storage, processing, treatment, transfer, or disposal of solid waste. The unpermitted operation of a solid waste management system is a viol of (fiRS) 3421-1-30 which provides: (b) NO Pew, includmV any Public body, shall operate a solid waste management system without first securing approval in writing from the director. Furthgrmore, as the properly owner anchor operator, you two -the -responsibility to properly manage and dispose of accumulated solid wastes. This responsibility is stated in the EXHIBIT "An Mr. Dan Cole August 19, 2004 Page 2 Hawaii Administrative Rules (HAR), Title 11, Chapter 58.1 which provides: (a) The aesthetic, nonhazardous, and sanitary storage of solid waste is the responsibility of the person owning, operating, or managing the property, premises, business establishment, or industry where the solid waste is accumulated. (b) Any person owning, operating, or managing a property, premise, business establishment or industry has the responsrblrly of removing accumulated solid waste to an approved sold waste disposal facility. Contractual or other arrangements for the removal of accumulated sold waste shall not relieve a person of this primary 1esponsdx7ify as stated above. Solid waste shall be removed to an approved solid waste disposal facility, prior to creating a nuisance condition or health or safety hazard, a - You are hereby required to correct the above-mentioned areas of noncompliance and provide documentation of your corrective actions to the DOH within sixty (60) calendar days of your receipt of this letter. Corrective actions shall include: 1. Remove concrete rubble in excess of one cubic yard that is greater than 8 inches in diameter that has not been placid wish the approval of a licenced soils engineer or has exposed rebar to DOH-perrniiied disposal andfor recyding.faciities, or get en sneering approval for the placement of the concrete rubble that is greater than 8 inches in diameter with no exposed rebar, or process the concrete rubble so that it is less than 8 inches in diameter with no exposed rebar and leave it on site, or a combination of the above. Submit disposal receipts to our office for the waste . removed from your site. 2. Remove any other solid waste from the subject site. As stated in our November 28, 2001, letter to you, the sediment deposited on the subject site appears to consist of inert fill material. It is our understanding that you are concerned that the sediment was petroleum contaminated soil. Based on the information you have provided, it is not dear that the sediment deposited on the subject site meets the regulatory definition of petroleum contaminated soil. However, because of your concern, we recommend that you hire a quaiiied environmental consultant to conduct an assessment and if needed a cleanup of the subject site. Please provide documentation regarding the volume of concrete greater than 8 inches, the removal, processing and/or disposal of concrete; analytical results on the soil determining whether the soil is petroleum contaminated sot, and the quantity of petroleum contaminated soil as confirmed by analytical testing. If you have any ques4ons concerning this letter, please contact Ms. Lane iclninotsubo of the Solid Waste Section at (808) 586 -4240 - Sincerely, STEVEN Y. G, P F Solid & Haz us Wast EXHIBIT W 'ri' •1 Ri -�/_ 'i1� Vii::' 1!'t• §3428-30 Prohibition_ (a) -No person, including_ any public body, shall engage in -the operation of an open dump. (b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director. (c) No -person, including any public body, shall discard, dispose of, deposit, -discharge, or dump solid waste, or by contract or otherwise. -arrange directly or indirectly for the disposal of solid waste in an amount greater than one or less than ten cubic yards -in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance. (d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall be subject to one or more of the following penalties: (1) Criminal penalties of not more than $25,000 for each separate offense; (2) Not more than thirty days imprisonment for each offense; or - (3) Revocation or suspension by court order of any contractor's license to operate as a contractor or any applicable -certificate of authorization from the public utilities commission. Each day bf a violation shall constitute a separate offense. (e) Each fine collected under this section shall be distributed to the authorized agency that enforced the activity prohibited under this' section; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited under this 'section. [L 1989, c 212, pt of 54; am L 1994, c 210, §6; am L. 1997, c 268, 53; am L 1998, c 226, 52; am L 2004, c 143, 52 and c 145, S2]- Previous 2]- Previous Previous Next Next I 9/MM 9:18 AM STATE OF HAWAH DEPARTMENT OF THE ATTORNEY GENERAL CRIMINAL. JUSTICE DIVISION 425 MEMS REEr I bNMIM H WAS 98813 @" We -1160 FAX (808) 586-1375 April 22, 2008 I Mwon, M P.O. Box 630 Keaau, Hawaii 96749 Re: UIPA I FOIA request Dear Mr. Cole: MARK J. BENNErr MOMMYGENERAL LISA AL Gi#OZA FMWrDEPVfYATT0M1FEYGEM;M _ I an a Deputy Attorney General in the Criminal Justice Division and i have been assigned to research and respond to your UIPA I FOIA request on behalf of the = Department of the Attainey General. You requested -a copy of the file, and any other retained documentation, resulting from actions taken in response to the Jude 4,=2004 letter of request for investigation of Envm mental Crimes, from Lmooln S.T. Ashida, Corporation Cau ser, County of -Hawaii" - - Environmental crimes are investigated by the Environmental Crimes Unit of the Investoat ions Division of Department of the Attorney General. I referred your request to the Supervising Investigator of the Faimnmental Crimes Unit, Ryan Yamasala. He researched the matter and found no records or documents that would respond to your request_ He informed me that no file was created and no investigation took place in response to Mr. Asllides letter because you reftacted upon being notified that you would also be a suspect Sincerely yours, f F i . i77 I i •if' :1 cc: t11�* -f L Joesdn& OIP isMisneous Seto Sheer mba- mot. matum Qu o"V2006 10716 Vic. Sendma 10MUM ReporftHL :Aksm mss. Dde Repoftm* 00"MMIIM kraudbaft cam: IUM-- ,ram res i sOod eYl313905li Q cl conType: PERAST 2w kiddeltmunc . :Aflc3dent.t+twr� ' #�R RR#HEFt-►T#M IfaB SCC�Mty Pine Dept. sa ils MID pabd a t#iSwe�E& } 4 - EXHIBIT "LL"