United States Attorney Florence T. Nakakuni said that according to information produced in court, between January 2005 and February 2008, Mahiai took a total of $218,293.68 from the credit union by removing it from his teller’s drawer, replacing $55,982 before his acts were discovered. In order to hide his conduct, Mahiai made false entries in various FCU accounts to make it appear that account holders had made withdrawals. Mahiai then placed some of the accounts in “no mail” status, which prevented the credit union from sending the members statements reflecting the withdrawals. When account holders conducted transactions, Mahiai made entries reflecting deposits in the amounts taken, which falsely inflated the balances.

The case was investigated by the Federal Bureau of Investigation, Maui resident agency, and is being prosecuted by Assistant United States Attorney Larry Tong.

Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that Radcliffe faces maximum terms of imprisonment of 15 and 20 years on the bribery and money laundering charges, respectively, when he is sentenced by District Judge David A. Ezra on February 8, 2010. According to information produced in court, Radcliffe’s duties included dealing with Turkish and Iraqi companies who wanted to obtain Army contracts which could result in earnings of hundreds of thousands of dollars. Radcliffe admitted that he received at least $37,659.13 in return for being influenced in the contracting process. The money laundering charges arose from transactions involving the proceeds of the bribery.

The prosecution was the result of an investigation by the Army Criminal Investigation Division and the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Marshall Silverberg.

Florence T. Nakakuni, United States Attorney for the District of Hawaii, said according to the indictment, ONG created multiple nominee entities for the purpose of hiding his income and filed false tax returns on behalf of these nominee entities that fraudulently reported to the IRS that the income from his businesses was attributable to these entities and not to him. According to the indictment, ONG evaded more than $300,000 in federal taxes for the six tax years spanning 2000 through and including 2005.

Arraignment is set for October 14, 2009, at 10:55 a.m. before Magistrate Judge Leslie E. Kobayashi. If convicted, ONG faces a maximum sentence of five years imprisonment for the conspiracy charge, and a maximum term of imprisonment of five years for each count of evasion. Charges in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.

The case resulted from an investigation by IRS – Criminal Investigation. The prosecution is being handled by Assistant United States Attorney Clare Connors and Trial Attorney Timothy J. Stockwell of the United States Department of Justice, Tax Division.

Ed Kubo, United States Attorney for the District of Hawaii, said that federal law prohibits United States citizens and permanent resident aliens from traveling in foreign commerce and engaging in sexual acts with a person under the age of 16 if those acts would have been prohibited under federal law in the United States, or with a person under the age of 18 if those acts were commercial. Mitchell is being prosecuted under those provisions. U. S. Attorney Kubo said that federal law also prohibits foreign travel for the purpose of engaging in such acts. The PROTECT Act, which went into effect on April 30, 2003, substantially strengthened the federal laws related to predatory crimes involving children outside the United States by adding new crimes and increasing sentences.

Mitchell was initially arrested in August 2008 by the Cambodian National Police on local charges related to the same incident. He remained in the custody of Cambodian authorities until his removal to Hawaii. The defendant returned to Hawaii Saturday following his formal removal from Cambodia. Upon his arrival at Honolulu International Airport, he was taken into custody by United States Immigration and Customs Enforcement (ICE) agents. At today’s hearing, United States Magistrate Judge Barry Kurren ordered Mitchell held without bond pending a detention hearing.

The charges against Mitchell are part of stepped up efforts by ICE and the Department of Justice to identify and prosecute “sex tourists” who travel to Cambodia to engage in sex acts with children. “Our federal laws seek to protect children in other countries who are preyed upon by sexual predators from the United States,” said U. S. Attorney Kubo. “Anyone who travels to another country to sexually abuse a child should expect aggressive prosecution in the United States and a long prison sentence.”

“Child sex tourism is a scourge: adults preying on the young and vulnerable to satisfy their dark sexual desires,” said Wayne Wills, Special Agent in Charge of the ICE Office of Investigations in Hawaii. “There can be no place for the abuse of foreign children by our citizens. ICE will do everything in its power to vindicate the rights of those children, no matter how destitute they are or how far they live from our shores.”

Mitchell is the fourth American arrested by ICE in the past week for sexually exploiting minors in Cambodia. On August 31, three West Coast men were taken into custody by ICE at Los Angeles International Airport following their removal from Cambodia. Authorities say the four cases are the direct result of the unprecedented cooperation among U.S. authorities, the Cambodian government and non-governmental organizations to target American child sex tourists in Cambodia.

“These prosecutions clearly demonstrate to the Cambodian people that the United States will not tolerate this type of abuse,” said Carol Rodley, the U.S. Ambassador to Cambodia. “Not only do these cases signal to the Cambodian victims our commitment to justice, but they also act as a powerful deterrent for those individuals who are contemplating traveling to Cambodia to engage in illegal sexual activity with minors.”

If indicted and convicted of the charge in the complaint, Mitchell faces up to 30 years imprisonment. Charges in a complaint or indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.

The case resulted from an ICE investigation. The prosecution is being handled by Assistant United States Attorney Amy Olson and Trial Attorney Anitha Ibrahim from the Department of Justice, Child Exploitation and Obscenity Section.

Ed Kubo, United States Attorney for the District of Hawaii, said the indictment alleges that the offense occurred on May 21, 2009. According to court documents, the deceased monk seal, which had been shot, was recovered at Pila’a Beach, which is a remote beach on Kauai’s north shore. If convicted, Vidinha faces maximum penalties of one year imprisonment and a fine of $50,000. Charges in an indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.

The case resulted from an investigation conducted by the National Oceanic and Atmospheric Administration, assisted by the Kauai Police Department; the State of Hawaii Department of Land and Natural Resources; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the United States Fish and Wildlife Service. The prosecution is being handled by Assistant United States Attorney Marshall H. Silverberg.

Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, said the case was the culmination of a three-year investigation which included extensive wire tap evidence. To date, 15 individuals have been prosecuted and convicted of federal drug offenses for their roles in the drug conspiracy. Judge Seabright also sentenced other co-conspirators in the case to terms of imprisonment including:

JOHN EDUARDO AYALA, age 29, of Las Vegas, NV, sentenced on October 3, 2008, 192 months (16 years)

RAYCHEL CABRAL, age 28, of Honolulu, HI, sentenced on June 16, 2008, 144 months (12 years)

WILSONIS AYALA-VILLANUEVA, age 34, of Las Vegas, NV, sentenced on July 7, 2008, 168 months (14 years)

According to information produced in connection with court proceedings, GAITAN-AYALA and members of his family recruited local residents of Oahu to assist with distributing the methamphetamine and collecting proceeds from the drug sales. AYALA, CABRAL, and AYALA-VILLANUEVA received pound quantities of methamphetamine which were then distributed in Hawaii. Many of the drug parcels received by the them were mailed from Las Vegas to Hawaii. In turn, parcels containing cash proceeds from the sale of methamphetamine were mailed to Las Vegas and were ultimately received by GAITAN-AYALA.

The investigation which led to the prosecution was conducted by the Drug Enforcement Administration, assisted by the Honolulu Police Department. The prosecution was handled by Assistant United States Attorney Susan Cushman.

Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, said that in entering his guilty plea, SPEAR admitted that he prescribed a Schedule II controlled substance, methadone, to a Hawaii patient on four occasions in 2005 and 2006, and that in each instance the prescription was in violation of a federal law prohibiting the dispensing of controlled substances without a legitimate medical purpose. The Alabama charge was premised on a similarly illegal prescription for hydrocodone, a Schedule III controlled substance.

Court records show that the investigation into SPEAR began with the execution of a search warrant at his offices as part of a related investigation by the Food and Drug Administration’s Office of Criminal Investigations into an Alabama pharmacy which was filling prescriptions issued by SPEAR to patients in several southeastern states. Following the Alabama investigation, federal authorities in Hawaii initiated an investigation into SPEAR’s Hawaii medical practice, including his operation of an internet website called “DIAL-A-DOC.”

SPEAR’s medical office, the Hanapepe Clinic in Hanapepe, Island of Kauai, was searched on two separate occasions by federal law enforcement agents who were investigating the prescribing practices of SPEAR. The affidavit filed in support of the issuance of one such search warrant states that SPEAR issued prescriptions for Schedule II controlled substances to patients he never personally saw and for whom he performed no physical examination or medical testing.

SPEAR faces up to 20 years imprisonment and fines of up to $1,000,000 on each of the four Hawaii charges and up to five years imprisonment and a fine of up to $250,000 on the Alabama charge at the time of his sentencing.

The charges resulted from an investigated conducted by the United States Food and Drug Administration Office of Criminal Investigations, the Bureau of Immigration and Customs Enforcement, the Federal Bureau of Investigation, the Drug Enforcement Administration and the State of Hawaii Narcotics Enforcement Division. The prosecution is being headed by the Assistant United States Attorney William L. Shipley

Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, noted that in her order Judge Gillmor held that Kupau had not demonstrated that “he is capable of observing the ‘high standards of responsibility and ethical conduct’ that Congress requires for individuals involved with labor organizations.” The order further found a strong indication that Kupau “has not been forthcoming about his involvement in cockfighting both before and after his incarceration.”

The order reflects further recounts events leading up to the election. In January 2007, LIUNA imposed a trusteeship on Local 368 for malfeasance, including financial mismanagement. To conclude the trusteeship, an election of officers was scheduled for May 2008. Kupau’s nomination for business manager, the local’s highest office, prompted a protest to the United States Department of Labor as to Kupau’s eligibility in light of a 2002 conviction for money laundering. On June 9, 2008, the Department of Labor informed Kupau that he was prohibited from serving as a union officer, employee, or in other capacities. LIUNA then terminated Kupau as the union’s business agent on June 17, 2008. Kupau then petitioned the court for an exemption or reduction from the bar and successfully ran in the election pending the court’s ruling. The court order denied both the exemption and reduction.

The Department of Labor’s Office of Labor Management Standards, as the federal law enforcement agency responsible for investigating criminal and civil violations of the Labor-Management Reporting and Disclosure Act, conducted the investigation which resulted in the Department of Labor’s prohibition against Kupau. The litigation before Judge Gillmor was handled by Assistant United States Attorney Florence Nakakuni.

Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, said that the Acts allow the government to seek up to triple damages, plus penalties, for false and fraudulent claims submitted to government programs. The former technicians alleged that QMC submitted false bills for pharmaceuticals dispensed at the hospital, and billed federal programs for services provided by residents without the level of supervision required by federal rules. The federal and state governments initiated an investigation based on the allegations of the two former QMC pharmacy technicians.

According to the settlement agreement signed on April 27, 2009, the federal and state governments contended that (1) from September 8, 1999 through October 28, 2002, QMC submitted false claims to Medicare, Medicaid and TRICARE seeking payment for the dispensation of anti-psychotic medications allegedly ordered by a psychiatrist, whereas the medications were actually ordered by non-psychiatrist physicians without the prior knowledge of a psychiatrist; and (2) from July 1, 1999 through June 30, 2006, QMC wrongfully submitted claims to Medicare, Medicaid, and TRICARE for services it represented were provided by teaching physicians when QMC did not have the documentary evidence necessary to demonstrate that the teaching physicians were involved in the services to the degree necessary to support payment of the claims. Under Medicare rules, QMC was permitted to bill for certain services rendered by residents, provided that the residents were supervised by teaching physicians. While QMC agreed to the settlement, it has denied the government’s contentions.

Under the terms of the settlement agreement, QMC has paid the federal government $2 million, and an additional $500,000 to attorneys for the two former QMC pharmacy technicians. As part of the settlement, QMC also entered a corporate integrity agreement with the United States Department of Health and Human Services, Office of Counsel to the Inspector General. Under the agreement, QMC will maintain a compliance program designed to assure that its billings conform to all applicable program rules for a period of five years. QMC pledged to continue its efforts to provide high quality health care while continuing to foster a culture of compliance with health care program rules.

“Settlements such as this demonstrate yet again that submitting false claims to federal health care programs artificially raises health care costs and in turn takes from those who depend on these government medical programs,” said Glenn R. Ferry, Special Agent in Charge for the Los Angeles Region of the Office of Inspector General, U.S. Department of Health and Human Services. “My agency, working with our federal and state law enforcement partners, will continue to aggressively investigate and prosecute such fraud.”

The United States has shared $400,000 of the settlement proceeds with the two pharmacy technicians who initiated the suit. Kubo praised the two technicians for their courage in coming forward with the case, and expressed appreciation for the efforts of their legal counsel, Warren Price III and Thomas Grande of Honolulu.

Kubo also credited the Office of Audit Services, Office of Inspector General, U.S. Department of Health and Human Services, for providing audit support which developed the case. The investigation was conducted by the Office of Investigations, Office of Inspector General, U.S. Department of Health and Human Services, the Defense Criminal Investigative Service, and the State of Hawaii Attorney General’s Medicaid Investigations Division. The case was handled by Assistant U.S. Attorney Larry Tong, Senior Counsel Gregory Wellins, Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, and Deputy Attorney General Michael Parrish of the State of Hawaii.

Edward H. Kubo, Jr., United States Attorney for the District of Hawaii, said that according to information produced in court, the victim, a 66 year-old woman en route to a scuba diving vacation, said she was watching the flight’s movie when KINGZIO stood next to her and began urinating on her. She related that not only was her entire vacation ruined, but she continues to suffer emotionally from the incident.

The case was investigated by the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorney Marshall H. Silverberg.