Woo vs. Harmon - Witness James Aiona

David C. Farmer, Successor-Trustee vs. Harmon

(Formerly Woo vs. Harmon & Nicholson vs. Harmon)

U.S. District Court For the District of Hawaii

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DEFENDANT’S WITNESS

JAMES R. “DUKE” AIONA, JR.

Hawaii Lt. Governor; graduate of the William S. Richardson School of Law at the University of Hawaii; appointed to the state judiciary in 1990; served as a District Family Court judge, Civil Division of the First Circuit Court on Oahu, and the Hawaii Drug Court; retired from the bench in 1998 and worked as a time as a legal consultant, arbitrator, mediator, and hearings officer for government agencies; elected as Lt. Governor of Hawaii in 2002; a Maryknoll School board member from 1995 to 1998.

Honorable Lt. Governor James R. Aiona Jr.
Executive Chambers, Hawaii State Capitol
Honolulu, Hawaii 96813

Phone: (808) 586-0255
FAX: (808) 586-0231
e-mail: ltgov@hawaii.gov

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NEW DISCOVERY - December 17, 2007:

June 27, 2007

Out of the Shadows, Into the Spotlight

Gov. Lingle’s Chief of Staff Bob Awana Is the Victim of a Blackmail Scheme and Under Investigation for Alleged Bribery in Saipan, But So Far He's Kept His Job

By Malia Zimmerman, Hawaii Reporter

Gov. Linda Lingle’s chief of staff Robert “Bob” Awana has come under fire in recent weeks for his connection to two so far unrelated federal crimes – one allegedly involving blackmail, and the other, bribery. In one he is the victim; and the other, a person of interest. Combined, both crimes, which are being investigated by the Federal Bureau of Investigations, involve people in Hawaii as well as other Pacific Rim countries: Japan, the Philippines, India and Saipan.

Despite concerns by many Republicans about Awana’s intentions and propensity to put politics over principal, the former Democratic political strategist and waste management consultant is considered Lingle’s closest confidant. He managed her failed 1998 gubernatorial campaign, but ran her successful 2002 gubernatorial effort, securing in a state dominated by Democrats, the election of Hawaii’s first woman governor and first Republican governor in 4 decades.

Since then, Lingle has afforded Awana tremendous power. He has the most influence over the hiring and firing of the governor’s appointees and has been accused of micromanagement; and reportedly keeps a color-coded enemies list with names of those perceived disloyal to the governor.

Most alarming to Republicans, in a 2006 backroom multi-billion deal with Mayor Mufi Hannemann, Awana brokered the passage of a controversial bill that allowed Hannemann and the Honolulu City Council to hike the state General Excise Tax by 12.5 percent – a record tax increase for the state – even though Lingle pledged 72 hours earlier to veto the measure.

Though he’s usually by the governor’s side, on Monday, June 25, 2007, in a press conference at the governor’s office, Awana was uncharacteristically absent. Lingle refused to comment on either investigation. She told inquiring reporters that Awana’s employment status with her office had not changed – he is still her chief of staff. But she would not answer questions posed by KITV’s Darryl Huff as to whether she still had “faith and confidence’ in Awana. The governor tried to put off the question by claiming she’d just returned from an extended trip to Asia, and had not spoken to Awana. But Huff pointed out that just days earlier, Awana spoke to KITV and admitted that in 2005, he met with the governor about the bribery attempt.

In an interview with Hawaii Reporter on Monday, Awana refused to comment further about either case, except to reiterate what he told other reporters: He is a “victim” of a crime, and because both investigations are ongoing, he won’t speak about them.

"Threat to Injure the Property and Reputation of R.A."

Rajdatta Patkar, an Indian national, was indicted by a federal grand jury more than a year ago on April 27, 2006, on 5 counts for “threatening to injure the property and reputation” of “R.A.” (Robert Awana). Court records say the “five communications sent by the defendant (on September 5, 11, 15, 18, and 26, 2005) formed the basis of the 5-count extortion.” Since the matter involved an extradition proceeding, the indictment was sealed until the defendant was located in Japan where he lives. There, Patkar was arrested in March 2007, and despite his opposition, he was extradited to Hawaii.

Indian newspapers first reported that Patkar’s family petitioned the Indian High Court and Indian Supreme Court through their attorney in hopes of bringing Patkar back to India, but those attempts failed. Stuck in Hawaii, he pled “not guilty” to the charges, but the judge ordered him detained in federal prison until his trial. While the trial is scheduled to start August 21, 2007, it won’t. Public defender Pamela Byrne has asked for more time to review the materials and mount her client’s defense.

In Hawaii, the bribery case received no media coverage until this month, in part because of the sealed records. In addition, Awana was not named – in all court records he is only referred to as “R.A.” Federal prosecutors say keeping Awana’s name a secret is standard procedure: “All cases involving victims, irrespective of whether they are high profile members of the community, the United States is obligated under the Crime Victim Rights Act to treat victims with fairness and respect for the victims’ privacy. Accordingly, it is generally incumbent upon the prosecution to abbreviate or eliminate the names of victims in all documents that may become public …,” writes U.S. Deputy Attorney Clare Connors.

Despite the federal government’s discretion, Awana’s name became public after Indian newspapers reported Patkar’s arrest, indictment, extradition to the United States and incarceration in Hawaii.

So What’s Behind the Alleged Bribery Scheme?

According to court documents, Patkar attempted to extort $35,000 from Awana on threat of exposing Awana’s purported “unseemly emails” that if published would “subject the victim’s reputation to unfavorable scrutiny.”

Sources close to the case say that Patkar threatened to expose the married Awana for his relationship with Jullie Mae – a student Awana allegedly met in 2005 while in the Philippines. Awana purportedly saw Mae when he represented the governor in a large delegation that went to the Philippines in 2005; Awana went again to the Philippines in 2006 with the governor’s more than 200-member delegation.

Mae, who became acquainted with Patkar through the Internet, reportedly has a web profile posted on the Chinese Kisses international dating service – http://www.chinesekisses.com/view.php?id=69357&l=en

Here Mae is listed as an 18-year-old unemployed student living in Davao, Philippines. If her age is accurately posted, she was a minor when Awana allegedly met her more than two years ago, a fact some law enforcement looking into the matter say could be problematic for Awana in the future.

Complicating the alleged blackmail attempt is reported correspondence between Awana and Mae that asks Mae to arrange escorts for two prominent married men from Hawaii.

Maui Time Weekly’s Greg Mebele interviewed Charudatta Patkar, the brother of Patkar. In a June 14 interview, he writes when “Awana and other state officials visited the Philippines, Charudatta said Mae was expected to ‘entertain his delegates.’ When I asked if this included sexual entertainment, Charudatta said, ‘Yes.’ “

Details on the case are sketchy because portions of the court records containing the emails that Patkar sent to Awana and Awana sent to Mae are sealed. Patkar, who is still incarcerated, has not been allowed to speak to the media. His federal public defender, Pamela Byrne, filed a petition on June 12, 2007, asking the federal court to “clarify whether the defendant and undersigned counsel are restricted from disseminating and/or discussing information concerning this case with anyone else.”

Byrne says the grounds for her motion are that “the government has requested that the counsel and defendant sign a proposed order in which the name of the alleged victim and certain details of the instant offense are not revealed unless and until there is a trial on the merits.”

Her motion will be heard this Friday, June 29, at 10 a.m. before Federal Judge Leslie E. Kobayashi. Byrne has not returned calls to Hawaii Reporter about this case, or, according to her own sworn statement, any media. Federal officials also are not commenting.

Awana told reporters that he went to U.S. Attorney Ed Kubo after being blackmailed by Patkar, and Kubo referred the case to the FBI. Awana said that he worked with the FBI to catch Patkar in the act by telling Patkar to charge $4,000 to his credit card as a first payment of the $35,000 that Patkar demanded. But the credit card wasn’t Awana’s – it belonged to the FBI. The whole transaction was a sting, and Patkar, according to court records, took the money.

Awana Investigated in Alleged Bribery Incident in Saipan

In addition to being the subject of a blackmail attempt, Awana is being questioned by FBI officials about an alleged bribery attempt of the former Republican governor of Saipan.

Law enforcement sources confirm Awana has been under investigation – and was interviewed by FBI agents in 2006 – over a $1 million Saipan government contract awarded four years earlier to a Saipan waste management company, which Awana owns a large percentage of.

Awana told The Honolulu Advertiser last week that he did not bribe government officials in Saipan.

When asked by Hawaii Reporter about the investigation, Awana maintained his innocence.

He says he had not hired a criminal attorney to represent him and says that he is cooperating with federal authorities in both cases.

Political Pundits Speculate on Impact on 2010 Gubernatorial Election

In light of Awana’s close political ties to both Lingle and Lt. Governor James “Duke” Aiona, political pundits are already debating how these federal investigations, possible subsequent trials, and the information revealed through them, might impact Hawaii’s 2010 elections.

They note the Lingle/Aiona administration promised to end corruption in government – and these investigations only hurt that pledge.

Aiona has already announced his plans to run for governor on the Republican ticket, but both investigations are placing the Lingle/Aiona administration under tremendous local, national and international scrutiny. And that won’t likely end soon.

The Friday hearing before Judge Leslie Kobayashi determining if there is a gag order on Patkar and his attorney, is sure to gain additional media attention on this case - attention that will only drag on with the delay in the August trial.

Attorneys tell Hawaii Reporter that if there is a trial in the blackmail case, several of the governor’s prominent Philippine trip sponsors and donors could be called as witnesses. That could have a chilling effect on recruiting private sponsorships for future foreign "good will" trips and on relations with donors for Aiona’s 2010 gubernatorial campaign.

Also depending on what is discovered in the blackmail trial, sources say Awana could become the target of a separate but related federal investigation – and in that case, these sponsors and donors may once again be called as witnesses.

One source close to the investigation told Hawaii Reporter: “It will only get worse for Awana from here. There is no upside for him.”

Reach Malia Zimmerman, editor and president of Hawaii Reporter, via email at mailto:Malia@hawaiireporter.com

Hawaii Reporter Story

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July 21, 2006

ABA mock trial will revisit
infamous Massie case

Pacific Business News (Honolulu) - by PBN Staff

The American Bar Association is dusting off a 75-year-old criminal case from Hawaii to review during its convention in Honolulu next month.

As part of the legal profession's requirement for continuing education, the association's General Practice, Solo & Small Firm division will conduct a mock historical criminal trial at the Hawaii Convention Center on Aug. 3.

The group will revisit the 1931 case of Thalia Massie, a Navy wife who had accused five Honolulu men of assaulting her after she left a club near the Ala Wai Canal, said Marvin Dang, a Honolulu lawyer who is helping to organize the event.

The lurid criminal trial that followed rocked the city and transformed the nature of race relations in Hawaii.

This time around, lawyers will avail themselves of high-tech evidence unavailable in the 1930s. Presiding will be Lt. Gov. James "Duke" Aiona, a former Circuit Court judge, and lawyers will hear local defense lawyer Howard Luke and prosecutor David Farmer review the trial evidence with modern-day forensic scientists.