New HART subpoena seeks payment records

The Honolulu Authority for Rapid Transportation has been served with a new grand jury subpoena seeking information about payments made to tenants and property owners who were relocated to make way for the $9.2 billion Honolulu rail project.

This is the second federal subpoena served on the Honolulu rail authority in connection with an investigation that involves the U.S. attorney’s office and the FBI. The first, made earlier this month, sought tens of thousands of documents in connection with the 20-mile rail line, the largest public works project in state history.

HART CEO Andrew Robbins said the latest subpoena seeks information about the rail relocation program, including 18 files that were part of an internal review that revealed overpayments to owners or tenants who were being relocated.

The rail authority sent a letter to the FTA a year ago to report that its internal review had identified problems with 15 of 18 relocation files that were checked. The problems included missing or inadequate documentation, mathematical errors and “payments made without sufficient justification,” the letter said.

HART reported to the FTA that the 18 files represented some of the project’s most complex and expensive relocations, and that some of the relocation payments exceeded federal guidelines.

Robbins said he does not know how much money was overpaid and that he cannot identify the specific properties involved because that information is confidential.

When asked why there would have been overpayments, Robbins replied, “I know that there was always a sense of fairness in dealing with people. We didn’t want to go through the eminent domain process if we didn’t need to. We’d rather negotiate acquisitions as well as relocation.”

“From what I’ve seen, I didn’t see anything that rises to the level of illegal activity,” Robbins said. “Certainly there may have been mistakes, errors, things of that nature, but personally I haven’t seen anything that I would consider rises to a level of criminal activity. That’s really all I can tell you.”

Robbins said the senior HART staff who would have authorized the overpayments are no longer with the rail authority, and HART has taken corrective action to ensure it strictly complies with federal requirements.

After the overpayments were discovered, HART conducted a thorough review of all of its relocation files, but Robbins said federal guidelines do not permit HART to make that report public.

The latest federal subpoena demands that report as well as records identifying companies and personnel involved in the relocation program.

Meanwhile, Robbins said the FTA plans to send a relocation specialist to Honolulu next month to help the rail authority do further checks of all of the files.

Robbins said he does not know of any plans to seek reimbursement of the overpayments from the people who received them. “I think we’ll have to consult with the FTA to determine that issue,” he said.

As of Dec. 31 the city had spent more than $167 million on real estate and right-of-way acquisitions in connection with the rail project, according to a year-end HART financial update.

In all, the rail plan calls for the city to acquire 219 parcels of land and relocate 114 businesses or homes, according to HART records. As of last fall HART had completed 107 relocations along the rail line but had six more to complete in the city center area, and one more pending in the airport section of the project.

Robbins said he does not know how much has been spent on relocations so far, but HART reported to the FTA early last year that it had spent nearly $13.2 million on relocations at that time.

After the overpayments were discovered, HART opted to repay the FTA nearly $4 million, which was the federal share of the overall Honolulu relocation spending.

The most recent federal subpoena is dated Feb. 3, but Robbins said he only learned of it on Feb. 15, and the documents were due Thursday. He said HART is asking for more time to assemble the necessary records to respond to the demand.

HART acknowledged Feb. 14 it had received a more sweeping federal subpoena seeking records that date back to the early days of the project. HART has pledged to cooperate fully with both subpoenas, and vowed to continue to work toward a partial opening of the rail line next year.

Honolulu Mayor Kirk Caldwell issued a statement Thursday saying that “HART should cooperate fully and in a timely manner with this investigation.”

The city signed an agreement with the FTA in 2012 that called for rail’s elevated guideway and 21 stations to be built for $5.26 billion and open by 2020, but the project is late and over budget. Construction and financing are now expected to total about $9.2 billion, and the rail authority expects to finish the system in late 2025.

The federal government has committed to provide $1.55 billion to help fund the project but has withheld nearly $744 million while HART prepares an acceptable “recovery plan.” That plan has been submitted to the FTA but has not yet been approved.

HART Subpoena by on Scribd