Description: Honolulu, Hawaii criminal defense lawyer represented defendant charged with bribery.

Former Honolulu Prosecuting Attorney Keith Mitsuyoshi Kaneshiro and Honolulu businessman Dennis Mitsunaga are charged in an indictment unsealed today with participating in a bribery scheme in which Mitsunaga and his network of employees and affiliates paid Kaneshiro more than $45,000 in campaign contributions to prosecute one of his former employees and violate that employee’s civil rights.

Kaneshiro and Mitsunaga, owner and CEO of Mitsunaga & Associates, Inc., an engineering and architectural firm, were arrested at their homes this morning and will make their first appearances in federal court today before U.S. Magistrate Judge Wes Reber Porter. Also indicted and arrested today were three of Mitsunaga’s employees - Terri Ann Otani, Aaron Shunichi Fujii and Chad Michael McDonald. All are charged with Conspiracy to Commit Federal Program Bribery and Honest Services Wire Fraud, and Conspiracy Against Rights.

According to the indictment, Mitsunaga wanted a fired employee, identified in court records as L.J.M., to be prosecuted after that employee filed a federal discrimination suit against Mitsunaga’s company. In order to influence the prosecutor’s office to open an investigation and file charges, Mitsunaga steered tens of thousands of dollars to Kaneshiro’s reelection campaigns between 2012 and 2016. In doing so, Mitsunaga circumvented campaign contribution limits by asking for contributions from family members, business partners, employees and subcontractors. The accusations against L.J.M. were baseless and motivated by a desire to intimidate L.J.M., the indictment said.

According to the indictment, in the summer of 2014, after a senior deputy prosecutor in Kaneshiro’s office recommended declining charges against L.J.M., Kaneshiro reassigned the case to a recently hired deputy prosecuting attorney, identified in court records as J.D. Around December 1, 2014, acting on behalf of Kaneshiro, J.D. filed a felony information against L.J.M., charging L.J.M. with four counts of second-degree theft under State of Hawaii law.

The prosecution of L.J.M. continued for several years until her case was dismissed with prejudice in a written order by Hawaii Circuit Judge Karen T. Nakasone on September 15, 2017. The order of dismissal pointed out the “one-sided nature of the investigation” and the fact that the Department of the Prosecuting Attorney “was little more than acting as the recipient of, and conduit for” submissions provided by Mitsunaga & Associates.

The indictment alleges that in exchange for the contributions given to him by defendants Mitsunaga, Otani, Fujii, McDonald and others, Kaneshiro agreed to take official action and exercise his authority as the Prosecuting Attorney for the City and County of Honolulu to open an investigation into and prosecute L.J.M.

“This indictment alleges a Honolulu businessman and others paid more than $45,000 in campaign contributions to Honolulu’s former Prosecuting Attorney to prosecute a former employee,” said U.S. Attorney Randy Grossman in the Southern District of California. “Public officials must conduct their affairs honestly and with integrity. The Department of Justice will work to hold accountable anyone who betrays that duty through the influence of bribes.” Grossman thanked the FBI in Honolulu and the prosecution team for their work on this case.

“The citizens of Hawaii deserve a government free of corruption,” said Special Agent in Charge Steven B. Merrill of the FBI’s Honolulu Division. “Corruption erodes the public trust and the FBI is committed to ensuring that people cannot buy prosecutions in the State of Hawaii. Thanks to U.S. Attorney Grossman and the prosecution team for their teamwork and commitment to justice.”

Conspiracy to Commit Honest Services Fraud and Federal Program Bribery: 18 U.S.C. § 371
(1)
Conspiracy Against Rights: 18 U.S.C. § 241
(2)

Outcome: 06/17/2022 9 MOTION to Unseal Indictment - by USA as to (01) Keith Mitsuyoshi Kaneshiro, (02) Dennis Kuniyuki Mitsunaga, (03) Terri Ann Otani, (04) Aaron Shunichi Fujii, (05) Chad Michael McDonald. (eta) (Entered: 06/17/2022)
06/17/2022 10 ORDER re 9 as to (01) Keith Mitsuyoshi Kaneshiro, (02) Dennis Kuniyuki Mitsunaga, (03) Terri Ann Otani, (04) Aaron Shunichi Fujii, (05) Chad Michael McDonald - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/17/2022. (eta) (Entered: 06/17/2022)
06/17/2022 11 EO: as to Defendants (1) Keith Mitsuyoshi Kaneshiro, (2) Dennis Kuniyuki Mitsunaga, (3) Terri Ann Otani, (4) Aaron Shunichi Fujii, and (5) Chad Michael McDonald - Initial Appearance; Arraignment and Plea to the Indictment is set for 6/17/2022 at 01:30 PM in Courtroom 5 before MAGISTRATE JUDGE WES REBER PORTER. Parties have been notified.

(MAGISTRATE JUDGE WES REBER PORTER)(jp) (Entered: 06/17/2022)
06/17/2022 12 ORDER APPROVING REQUEST FOR MEDIA BLOGGING [Media Outlet: Hawaii News Now, Representative(s): Rick Daysog, Lynn Kawano, Hearing: Initial Appearance, 6/17/2022 at 1:30 p.m.] as to (01) Keith Mitsuyoshi Kaneshiro, (02) Dennis Kuniyuki Mitsunaga, (03) Terri Ann Otani, (04) Aaron Shunichi Fujii, (05) Chad Michael McDonald - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/17/2022. (eta) (Entered: 06/17/2022)
06/17/2022 13 ORDER APPROVING REQUEST FOR MEDIA BLOGGING [Media Outlet: Civil Beat, Representative(s): Christina Jedra, Hearing: Initial Appearance, 6/17/2022, at 1:30 p.m.] as to (01) Keith Mitsuyoshi Kaneshiro, (02) Dennis Kuniyuki Mitsunaga, (03) Terri Ann Otani, (04) Aaron Shunichi Fujii, (05) Chad Michael McDonald - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/17/2022. (eta) (Entered: 06/17/2022)
06/17/2022 14 ORDER APPROVING REQUEST FOR MEDIA BLOGGING [Media Outlet: KHON 2 News, Representative(s): Manolo Morales (request from David Patterson/Manager, Hearing: Initial Appearance, 6/17/2022 at 1:30 p.m.] as to (01) Keith Mitsuyoshi Kaneshiro, (02) Dennis Kuniyuki Mitsunaga, (03) Terri Ann Otani, (04) Aaron Shunichi Fujii, (05) Chad Michael McDonald - Signed by MAGISTRATE JUDGE WES REBER PORTER on 6/17/2022. (eta) (Entered: 06/17/2022)
06/17/2022 15 Arrest Warrant Returned Executed on 6/17/2022 in case as to (01) Keith Mitsuyoshi Kaneshiro. (eta) (Entered: 06/17/2022)
06/17/2022 Arrest of (01) Keith Mitsuyoshi Kaneshiro on 6/17/2022. (eta) (Entered: 06/17/2022)
06/17/2022 20 EP : Initial Appearance; Arraignment and Plea to the Indictment as to Keith Mitsuyoshi Kaneshiro (1) Count 1,2 held on 6/17/2022. AUSA Michael Wheat appeared on behalf of the United States. Ms. Diane Arima-Linscott from Pretrial Services also appeared. Mr. Myles Breiner, Esq., retained counsel, appeared on behalf of Defendant (1) Keith Mitsuyoshi Kaneshiro.

Defendant (1) Keith Mitsuyoshi Kaneshiro were present and in custody.

The Court held an Initial Appearance and Arraignment and Plea to the Indictment. Mr. Breiner represented that he reviewed the Indictment with Defendant (1) Keith Mitsuyoshi Kaneshiro and that Defendant (1) understands the general nature of the charges alleged in the Indictment. Defendant (1) Keith Mitsuyoshi Kaneshiro affirmed that he understood the general nature of the charges to the Court. Charges received. (1) Keith Mitsuyoshi Kaneshiro waived public reading of the Indictment. Plea of Not Guilty entered.

Dates given:
Jury Selection/Jury Trial: August 16, 2022 at 9:00 a.m. before Chief Judge J. Michael Seabright
Final Pretrial Conference: July 18, 2022 at 10:00 a.m. before Magistrate Judge Wes Reber Porter
Motions: July 5, 2022
Response: July 18, 2022
A Rule 16.1 Discovery Conference deadline for parties to meet is set for July 1, 2022.

Discussion had regarding Defendant (1) Kaneshiro's pretrial release. The Government did not file a Motion to Detain Defendant Without Bail.

The Court took judicial notice of the U.S. Pretrial Services' Report, other documents on file and found the conditions recommended by Pretrial Services sufficient to reasonably assure the appearance of the defendant as required and the safety of the community.

Court adopted the recommendations of Pretrial Services and ordered the defendant released on an unsecured bond in the amount of $50,000.00 with the following conditions (as reflected on the attached minutes).

These minutes will stand as the conditions of bond. IT IS SO ORDERED.

The Court reminded the government of its obligations under Rule 5(f) and as set out in this Court's General Order dated February 1, 2021:

The Court orders the prosecution to comply with its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. Failing to do so in a timely manner may result in consequences, including, but not limited to: exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, court sanctions, and/or referral to disciplinary counsel.

Defendant (1) Kaneshiro was ordered release forthwith and was placed on pretrial release pending trial.

Arraignment as to Keith Mitsuyoshi Kaneshiro (1) Count 1,2 held on 6/17/2022.
Added attorney Myles S. Breiner for Keith Mitsuyoshi Kaneshiro.
Final Pretrial Conference is set for 7/18/2022 10:00 AM in Courtroom 6 before MAGISTRATE JUDGE WES REBER PORTER.
Jury Selection/Trial is set for 09:00 AM on 8/16/2022 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT.
Bond set as to Keith Mitsuyoshi Kaneshiro (1) $50,000.00 UNSECURED.

(FTR-CT 5 / 1:35-1:54 PM) (MAGISTRATE JUDGE WES REBER PORTER)
(eta) (Entered: 06/17/2022)
06/17/2022 25 Abstract of Release as to (01) Keith Mitsuyoshi Kaneshiro (eta) (Entered: 06/17/2022)

Plaintiff's Experts:

Defendant's Experts:

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