Showing posts with label former prosecutor. Show all posts
Showing posts with label former prosecutor. Show all posts

Tuesday, February 15, 2022

Tahlequah lawyer disbarred

By D.E. Smoot

The Oklahoma Supreme Court ordered the disbarment of a Tahlequah lawyer and former prosecutor whose misconduct included client neglect and misuse of client funds. 

Haskell Doak Willis, a former assistant district attorney in Cherokee County who transitioned to private practice, was suspended from practicing law in 2021. He was ordered to contact the Oklahoma Bar Association and resign as part of a plea agreement he struck with federal prosecutors in February 2020, when he was convicted for a federal firearms violation.

An order for disbarment that has yet to be released for publication by the Oklahoma Supreme Court shows Willis failed to follow through with the resignation. Willis, according to the court order, also failed to cooperate with the OBA and the Professional Responsibility Tribunal during the disciplinary proceedings, and "never filed a pleading responsive to the allegations" against him. 

Willis was indicted Nov. 7, 2019, by a federal grand jury, which was shown evidence of a past felony conviction and the evidence collected while law enforcers executed a search warrant. That evidence included an unspecified amount of methamphetamine and 24 firearms — an assortment of handguns, rifles and shotguns — that “had been shipped and transported in interstate commerce.” 

Eight of the nine justices who preside over the state's highest civil court — Justice James Edmondson did not participate — acknowledged "a criminal conviction itself does not establish unfitness to practice law." But conduct that reflects "adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects" may "reflect on fitness to practice law."

The court cited three grievances filed by former clients who said Willis agreed to provide legal services, accepted money from them, but failed to follow through. The court also cited instances when Willis misappropriated or commingled client funds with his.

"Respondent's actions inflicted significant embarrassment upon the legal profession," Justice Noma Gurich states in the order. "Respondent's cumulative misconduct clearly warrants disbarment." 

Willis was ordered to serve 12 months and a day in federal penitentiary and a period of probation following his release. Records show he was released from prison early on April 9, 2021. 

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Wednesday, December 1, 2021

Ex-Assistant State's Attorney Indicted On 88 Charges In Baltimore

A former prosecutor in Baltimore City was indicted on charges including extortion, misconduct in office, stalking and harassment.

by Elizabeth Janney


BALTIMORE, MD — A former assistant state's attorney for Baltimore City has been indicted on charges including extortion, felony theft scheme, stalking, misconduct in office and other offenses. Prosecutors said he used his office to extort money on behalf of a friend and got private phone records of his former romantic partners in part so he could stalk them.

Adam Lane Chaudry was indicted by a grand jury on 88 charges, officials said Tuesday.

Chaudry has been an assistant state's attorney for Baltimore City since 2009, according to the indictment.

He faces 48 counts of misconduct in office for subpoenaing telephone records from of people who were not involved in any investigations or prosecutions through the Baltimore City State's Attorney's Office, the indictment says. The charges stem from subpoenas he issued from 2019 to 2021, according to the indictment.

Chaudry was also charged with stalking, harassment and extortion. In the extortion case, the indictment states he wrote a letter in 2018 on behalf of a personal acquaintance who believed she had loaned $10,000 to her ex-boyfriend and acted as though a criminal investigation was underway. The letter was from State's Attorney Marilyn Mosby and signed by Chaudry; however, the indictment says there was never any investigation into the allegations related to the matter.

"Our justice system, particularly the significant role and power of the grand jury, relies on the integrity of law enforcement officials—especially prosecutors," Maryland State Prosecutor Charlton T. Howard III said in a statement. "Our office will work to ensure public officials who abuse positions of trust and authority are investigated and, where appropriate, prosecuted."

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Sunday, October 24, 2021

Retired Harford State’s Attorney Cassilly disbarred over handling of ‘Memorial Day Murders.’ His reaction: ‘Oh, whatever’

By Tim Prudente

Maryland’s highest court has disbarred retired Harford County State’s Attorney Joseph Cassilly for withholding exculpatory evidence that surfaced in a 1981 double-murder case and lying about it over the years.

Cassilly learned of the court’s decision Friday from a phone call by The Baltimore Sun.

“Oh, whatever. I’m retired anyway,” he said.

The Maryland Court of Appeals found the former prosecutor lied about documents that undermined the credibility of an FBI agent on the case. In an opinion Friday, the judges noted Cassilly, a Republican, served 36 years as Harford County’s top prosecutor and retired in 2019.

The judges wrote that disbarring him would prevent his possible return to the courtroom and send a message.

“Disbarment recognized the seriousness of Cassilly’s misconduct and serves the goal of protecting the public and ensuring the public’s confidence in the legal profession by deterring other attorneys from engaging in similar misconduct,” they wrote.

Cassilly maintains that he did nothing wrong, but rather “fell into the whole anti-criminal justice movement, where the cops are the bad guys and the prosecutors are the bad guys.”

“I’m disappointed, but the real answer is: Do I care? I don’t give a damn,” he said. “I wouldn’t do anything to engage in the practice of law right now because it’s such a screwed-up obscenity.”

At issue is his handling of the so-called Memorial Day Murders, a gruesome double killing in Abingdon nearly 40 years ago.

Police found Diane Becker, 21, stabbed and beaten to death with a bottle in her camper home in an Abingdon RV park. They found her 4-year-old son in the camper traumatized but uninjured. Her boyfriend, Joseph Hudson, a popular disc jockey, was shot to death a few miles away on the path to a farm.

Prosecutors tried John Norman Huffington and Deno Kanaras separately for the murders, saying the two friends killed the couple over cocaine and cash. A jury convicted Kanaras of felony murder in Becker’s death. He was released from prison in 2008 after serving 27 years of a life sentence. Kanaras was a key witness in the prosecution of Huffington.

Cassilly prosecuted Huffington for the murders, but the courts twice reversed his convictions and granted new trials. Questions shadowed the prosecution after it was revealed FBI agent Michael P. Malone had a history of testifying falsely, conducting inaccurate analysis of hair samples and making statements that exceeded the limits of scientific testing. A 1997 Department of Justice investigation found fault with Malone and examiners at the FBI laboratory.

In November 2017, Cassilly and Huffington struck a deal. Huffington submitted an Alford plea to two counts of murder in exchange for time served. With an Alford plea, a defendant maintains his innocence but acknowledges there’s enough evidence to convict. He was released from prison after 32 years and two months.

Huffington has said he would have won his freedom years earlier had Cassilly disclosed the records.

“He doesn’t give an ‘F.’ Doesn’t care, never has,” Huffington said Friday. “That’s what we’ve been dealing with for 40 years. He doesn’t care what the judges say. He’s got it in his head that he is the arresting officer, the prosecuting attorney, the judge, the jury, and in my case, the executioner.”

Huffington thanked his attorneys, the bar counsel and the courts.

“This has been a 40-year journey. It started when I was 18; I’m 59 now,” he said. “I’ve waited for the truth and my truth to be told and be heard. Today, it was. I’m very grateful.”

In November 2018, Huffington filed a complaint against Cassilly with the Attorney Grievance Commission. The commission’s bar counsel, which investigates misconduct by attorneys, opened an investigation. The bar counsel and Cassilly argued the matter at trial last February.

Cassilly said he did not call Malone as a witness after questions surfaced about the agent’s credibility. The retired prosecutor said he therefore had no professional responsibility to disclose the reports.

Harford Circuit Court Judge Barbara Kerr Howe found Cassilly broke the rules for professional conduct and lied about documents. She recommended the state’s high court reprimand him.

The Maryland Court of Appeals, however, went further to disbar him.

“The trust placed in Cassilly as the elected State’s Attorney for Harford County, and the high standard to which prosecutors are held, renders Cassilly’s misconduct much more egregious than that of a lawyer in an official or government position who simply fails to follow proper procedures or rules,” the judges wrote.

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Monday, December 7, 2020

A prosecutor and police chief were adored in their community. Then their scheme unraveled.

Retired Honolulu police chief Louis Kealoha and his then-wife, Katherine, leave federal court in Honolulu on Oct. 20, 2017. (Caleb Jones/AP)

By Kim Bellware

What’s described as the biggest corruption case in Hawaii’s history started with a stolen mailbox and unspooled into a seven-year legal saga that concluded Monday with a once-esteemed Honolulu power couple handed 13 and seven-year prison sentences for conspiracy, bank fraud and other charges.

For federal public defender Alexander Silvert, who has since retired, it began in 2013 with a low-level crime and a familiar plea. Gerard Puana, accused of stealing his niece’s mailbox, insisted he was being framed.

Silvert was appointed to the case, which he quickly sized up as a loser: Puana’s accusers were his popular and powerful niece, Katherine Kealoha, the third-ranking boss in the Honolulu prosecutor’s office, and her husband, Louis, the Honolulu police chief.

They claimed to have Puana on video committing the crime.

“I took the case assuming he was guilty but that I could help him avoid being over-sentenced,” Silvert told The Washington Post. Still, he found the case unusual from the start. “In my entire career, I’ve never heard of a charge of a mailbox theft going to federal court.”

Silvert, and later federal investigators, would reveal how the Kealohas leveraged their powerful roles in law enforcement to frame Puana and cover up an array of schemes that fueled a lavish lifestyle at the expense of those who trusted them most.

Among the victims was Florence Puana, Katherine’s 100-year-old grandmother; Puana lost her home of 58 years after Katherine pocketed the money from a reverse mortgage plot. Before Florence died in February, she wrote a letter to Katherine that was read in court during sentencing Monday.

“I trusted you,” Florence wrote her granddaughter. “Yet you betrayed me.”

Reversing the flow

Katherine Kealoha oversaw investments for those in her orbit, including her uncle and grandmother. She was even put in charge of the trust funds for the surviving 10- and 12-year-old children of a family friend who died. But under her control, the money never grew — it disappeared.

Court records show the Kealohas’ expenses included Maserati and Mercedes car payments, a trip to Disneyland and $2,000 concert tickets to see Elton John. In 2009, Katherine racked up a $23,976 brunch tab at the Sheraton Waikiki to fete Louis after he was appointed police chief.

To conceal the fraud, Katherine invented a notary and faked witness signatures on financial documents; she filed bogus identity-theft claims to deflect negative questions about the couple’s credit history; she had statements for the reverse mortgage diverted to a P.O. box that only she could access.

The Puanas learned of the fraud only because of an administrative error: When the mortgage debt was sold to a new company several years on, the new statements were mistakenly sent to the property address instead of the P.O. box.

Florence Puana, by then in her 90s, realized that Katherine hadn’t paid off any of the outstanding balance as promised and that she was about to lose her home. Alleging elder and financial abuse, the Puanas filed a lawsuit against Katherine.

Watch your back

Initially, the lawsuit against the Kealohas didn’t raise eyebrows in the community, where there was little appetite for seeing a prominent native Hawaiian couple disgraced.

“The community adored them — and they were very powerful people,” said Lynn Kawano, a reporter and anchor for KGMB/KHNL Hawaii News Now. “Not just because of their titles, but because of their family. Your family name goes a long way here.”

Kawano, a Hawaii native, told The Post that she faced pushback in the early days of covering the case. Some encouraged her to drop the story altogether and told her and her husband to “watch their backs.”

By 2016, two years after the mailbox arrest, the corruption allegations were gaining traction, but the community still clung to doubts.

“People told me, ‘No way is this about a mailbox,' ” Kawano said. The couple’s supporters found ways to rationalize how even top-ranking public employees could afford luxury cars, Rolex watches and a home in the tony suburb of Kahala, considered the “Beverly Hills of Honolulu.”

A wealthy local lawyer who estimated his income as being three times that of the Kealohas, encouraged Kawano to keep digging, she recalls. “He told me, 'I can’t even afford to live in that neighborhood.’ ”

Attention from Honolulu police

Facing pressure from the lawsuit, the Kealohas devised a countermeasure to intimidate and discredit Katherine’s uncle, Silvert said.

The couple told police that Gerard Puana stole their mailbox, worth $380 — a value that would bump petty theft to a felony charge. Tying in the U.S. mail would make it a federal case, while their surveillance video (which would later be revealed as doctored) would easily lock a conviction against him.

A felony conviction might silence Puana, or at least provide ammunition to weaken and discredit him as a witness in the civil trial, Silvert said.

But the plan started to fall apart under basic fact-checking. The suspect in the grainy surveillance footage looked younger and smaller than Puana. Appraisers and investigators found the Kealohas had lied about the type of mailbox they owned and falsely claimed one of higher value in an apparent effort to crack the $300 threshold for felony theft charges.

Silvert combed through old photos from Google Maps to prove that the mailbox that was stolen in the setup was a different brand entirely — and cost less than $200. Plus, he couldn’t square why that crime would attract so much attention from Honolulu police.

“There was a homicide detective assigned to investigate a petty mailbox theft,” Silvert said. Eventually, he was able to prove that every police report — from the Kealohas’ initial 911 call to logs the assigned officers kept — had been falsified.

‘Rue the day’

At Puana’s theft trial in 2014, the U.S. attorneys in Honolulu planned to cast him as an embittered schemer in contrast to the Kealohas’ status as pillars of the community. To undercut that narrative, Silvert opened with what he calls the “rue the day letter.”

“HOW DARE ANYONE make such MALICIOUS and FALSE STATEMENTS against me!” read a letter Katherine wrote in response to her grandmother’s lawsuit. “They will rue the day that they decided to state these TWISTED LIES!”

“We were well-prepared for trial thinking we could convince the jury,” Silvert said. But in the second hour of the trial, the unthinkable happened.

On the stand, Louis, the police chief, introduced prohibited testimony, which caused a mistrial. Silvert and other observers believe it was done on purpose.

“The chief has a master’s degree in criminal justice and years of experience. He trains rookie cops on how to testify,” Silvert said.

Kawano, the reporter, was sitting behind Silvert in the courtroom and recalled how the federal public defender “threw his arms up and slammed both fists on the table.”

Silvert remembers it the same way. Furious, he soon made the unusual move to reach out to the opposition — the FBI. He hoped that if Puana’s case didn’t get retried, federal investigators could still expose the Kealohas.

“When you meet with the FBI, who I cross-examine and call liars all the time, you can imagine it was a very difficult meeting,” Silvert said. But the investigation eventually gained traction.

Honolulu’s U.S. attorney’s office recused itself, having prosecuted Puana’s case. Federal prosecutors from the Southern District of California stepped in and spent five years investigating before securing convictions and guilty pleas from the Kealohas last year, along with conspiracy and obstruction convictions against two former police officers in the Honolulu Police Department’s Criminal Intelligence Unit acting at Louis’s behest; both were sentenced to prison.

The Kealohas’ unraveling has been met with sadness and anger. Kawano said it was a blow to Honolulu’s Hawaiian community but also a hit to the taxpayers, who will shoulder the “millions” in city and county settlements to the couple’s victims. Together, they are also liable for at least a combined $455,000 in restitution to victims.

“There’s a lot of anger now — how could this have happened? Why was there no oversight?” she said.

Michael Wheat, the special prosecutor from the California U.S. attorney’s office, said the Kealohas’ situation was unique.

“I don’t think you’d see again where the police department and the prosecutor’s office is literally the same family,” he told The Post.

The Kealohas are no longer the family they once were, with some members now estranged — including Katherine and Louis. After their 2019 convictions, Louis filed for divorce.

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Friday, December 4, 2020

Former Prosecutor and Police Chief Sentenced for Framing Their Relative with a Crime to Conceal Their Own Fraud


Department of Justice
U.S. Attorney’s Office
Southern District of California

FOR IMMEDIATE RELEASE
Monday, November 30, 2020

Former Prosecutor and Police Chief Sentenced for Framing Their Relative with a Crime to Conceal Their Own Fraud

Special Attorneys Michael Wheat (619) 546-8437, Joseph Orabona (619) 546-7951, Janaki Chopra (619) 546-8817, and Colin McDonald (619) 546-9144

NEWS RELEASE SUMMARY – November 30, 2020

HONOLULU, Hawaii – Former prosecutor Katherine Kealoha and former police chief Louis Kealoha were sentenced during separate hearings in federal court today to 13 years and seven years in prison, respectively, following a number of convictions, including conspiring to frame a relative with a crime to conceal their own fraud.

Chief U.S. District Judge J. Michael Seabright of the District of Hawaii also ordered the Kealohas to pay $454,984.78 and $237,698.56, respectively, in restitution to their victims, and ordered forfeiture of property representing proceeds of fraud, including the Kealohas’ former home in Honolulu, a Rolex watch, and $228,746.79. Katherine Kealoha is already in custody; Louis Kealoha was ordered to report to prison on April 12, 2021.

Judge Seabright rebuked the Kealohas for their “grotesque deprivation of civil rights,” which “staggered the community in many ways” and had “truly shaken confidence in our governing institutions.” He further remarked that “the Kealohas used their power to nurture, feed, and conceal their corrupt activity.”

The sentences imposed today mark the end of a series of criminal cases against the Kealohas. In June 2019, after six weeks of trial and one day of deliberation, a federal jury in Honolulu convicted the Honolulu power couple and Honolulu police officers Derek Hahn and Minh-Hung “Bobby” Nguyen of conspiracy and attempted obstruction of justice pertaining to the false arrest and prosecution of Katherine’s uncle, Gerard Puana. The evidence at trial established that the Kealohas used their considerable power, including commandeering the Honolulu Police Department’s elite Criminal Intelligence Unit, to frame Gerard with stealing their mailbox. To accomplish this, the conspirators prepped the mailbox to be “stolen,” selectively edited grainy surveillance video to conceal their preparatory acts, falsely identified Gerard as the culprit captured by the video, falsified police reports, withheld and destroyed evidence, and repeatedly lied about their activity to investigators, the federal grand jury, and the District Court for the District of Hawaii.

The Kealohas’ motive for framing Gerard was to discredit and intimidate him after he accused Katherine Kealoha of fraud. Trial evidence established that Katherine stole over $200,000 from him and Katherine’s elderly grandmother, Florence Puana. Acting as her grandmother’s “attorney,” Katherine convinced Florence—who was 89 years old at the time—to place a reverse mortgage on Florence’s family home. Katherine promised Florence that she would pay off the reverse mortgage after using some of the proceeds to consolidate the Kealohas’ debt. Instead, unbeknownst to Florence, Katherine funneled the reverse mortgage proceeds into a bank account that Katherine controlled. And within seven months, the Kealohas drained the account dry—spending over $148,000 on various personal expenses, including mortgage payments, Elton John concert tickets, Mercedes and Maserati car payments, a trip to Disneyland, and a $23,976 brunch tab at the Sheraton Waikiki to celebrate Louis Kealoha’s induction as Honolulu Police Chief in 2009. In the meantime, Katherine made no payments on the reverse mortgage, allowed the balance to balloon out of control, and diverted mortgage statements away from Florence’s mailbox to keep Florence from finding out. Once Florence did find out—almost a year and a half later—she was forced to sell her family home.

After they learned of the missing money and ballooning mortgage, Florence and Gerard confronted Katherine Kealoha about her actions. Katherine responded indignantly, threatening in a letter to seek “the highest form of legal retribution against ANYONE and EVERYONE who has written or verbally uttered those LIES about me!” True to her word, after Florence and Gerard filed a civil lawsuit against her, Katherine attempted to have Florence declared legally incompetent, and Katherine and her co-conspirators had Gerard arrested for a crime he did not commit. At Gerard’s theft trial, Louis Kealoha testified falsely that Gerard was the person displayed taking the mailbox in the grainy surveillance video. “That’s what makes this case so shocking: this could not have succeeded but for you and your position,” Judge Seabright told Louis Kealoha.

“Today, after years of manipulating the levers of justice to shroud their own crimes, justice was delivered to two corrupt public officials,” said U.S. Attorney Robert Brewer. “This was a flagrant and stunning abuse of power that victimized an entire community by undermining public confidence in its leaders and the rule of law. If not for the initial dogged investigation by former First Assistant Federal Defender Alexander Silvert, who brought this matter to the attention of federal authorities, followed by incredible work by FBI agents and prosecutors Michael Wheat, Joseph Orabona, Janaki Chopra and Colin McDonald, the Kealohas would still be manipulating justice, not meeting it.”

“Our citizens entrust public servants with great powers and authorities. It is our responsibility to serve our community with integrity and authenticity – with truth and justice as our hallmark,” said Special Agent in Charge Eli S. Miranda. “The Kealohas betrayed this trust for their own selfish entitlements, using deception and breaking the same laws they swore to uphold. The FBI will enthusiastically continue to investigate any corrupt public official who willfully and maliciously abuse their office.”

Today’s sentences also accounted for separate crimes committed by the Kealohas. In October 2019, Katherine pleaded guilty to misprision of a felony after using her position of authority within the city prosecutor’s office to actively conceal the drug distribution activities of her brother, Rudolph B. Puana, an anesthesiologist in Hawaii. In her plea agreement, Katherine admitted she arranged to have herself assigned as the prosecutor overseeing the investigation of her brother’s co-conspirators and that she cultivated a close relationship with one co-conspirator—a defendant Katherine was then prosecuting—to reduce the likelihood that the individual would reveal Rudolph Puana’s role in the drug conspiracy. “I always got ur back, I love you and will protect you always!!!” read one private text message Katherine sent to the defendant she was prosecuting. “GO TEAM!!! Can’t wait for this s*** to be over,” read another, to which the defendant replied, “Ditto[.] Then we’re free[.]”

Finally, in October 2019, the Kealohas pleaded guilty to bank fraud. As part of their pleas, the Kealohas admitted that between January 1, 2009 and December 31, 2014, they spent more than $591,000 derived from stolen funds or loan proceeds obtained through fraud. Their bank fraud scheme included falsely claiming assets that belonged to others (including money belonging to children over whom Katherine had been appointed guardian), falsely inflating their monthly income, and falsely denying derogatory information on their credit. To legitimize their denial of poor credit, the Kealohas submitted a forged police report in loan applications that purported to document Katherine’s false claims of identity theft. The act of forging the police officer’s signature on the report was itself identity theft, for which Katherine pleaded guilty. Katherine further admitted using an alias “Alison Lee Wong” to facilitate the bank fraud. This alias also played a role in Gerard Puana’s claims of fraud. As evidence at trial established, in 2009, Katherine used the “Wong” alias to notarize and create a fraudulent trust in Gerard’s name. And in 2008, under the customer name “Kathryn Aloha,” Katherine ordered a notary seal for “Alison Lee Wong” from the American Association of Notaries and had it mailed to the State of Hawaii’s Office of Environmental Quality Control, where Katherine served as Director. As Judge Seabright stated today, Katherine “perverted justice over and over and over and over again.”

The Kealohas’ co-conspirators, Derek Wayne Hahn and Bobby Nguyen, are scheduled to be sentenced on December 1, 2020 for their involvement in framing Gerard Puana. Katherine Kealoha’s brother, Rudolph B. Puana, is currently facing drug distribution and firearm charges, and is scheduled for trial in April 2021.

DEFENDANTS                               

Katherine P. Kealoha                          Age: 50                       Honolulu, Hawaii

Louis M. Kealoha                               Age: 60                       Honolulu, Hawaii

SUMMARY OF CONVICTIONS

Katherine Kealoha                          

CR No. 17-00582-JMS-WRP

Conspiracy to Commit Offenses Against the United States – Title 18, U.S.C., Section 371

Maximum penalty: Five years in prison, $250,000 fine

Obstruction of Official Proceeding – Title 18, U.S.C., Section 1512(c) (three counts)

Maximum penalty: Twenty years in prison, $250,000 fine

CR No. 18-00068-JMS-WRP

Bank Fraud, in violation of 18 U.S.C. § 1344

Maximum Penalty: Thirty years in prison, $1 million fine

Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A

Maximum Penalty: Mandatory term of imprisonment of two years, to be served consecutive to the sentence imposed for any underlying charge; fine of up to $250,000

CR No. 19-00015 JMS-WRP

Misprision of Felony, in violation of 18 U.S.C. § 4

Maximum Penalty: Three years in prison; fine of up to $250,000;

Louis Kealoha                                  

CR No. 17-00582-JMS-WRP

Conspiracy to Commit Offenses Against the United States – Title 18, U.S.C., Section 371

Maximum penalty: Five years in prison, $250,000 fine

Obstruction of Official Proceeding – Title 18, U.S.C., Section 1512(c) (three counts)

Maximum penalty: Twenty years in prison, $250,000 fine

CR No. 18-00068-JMS-WRP

Bank Fraud, in violation of 18 U.S.C. § 1344

Maximum Penalty: Thirty years in prison, $1 million fine

AGENCY

Federal Bureau of Investigation

Honolulu, Portland, and San Diego Divisions

Topic(s): 
Public Corruption
 
Press Release Number: 
CAS20-1130-Kealoha
 
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