Ex-lawmakers J. Kalani English and Ty J.K. Cullen admit taking cash bribes and could face up to 20 years in federal prison

State lawmakers vowed to restore the public’s trust in government Tuesday after two of their former colleagues admitted in federal court that they took cash bribes to help a Honolulu business owner make money off of cesspool conversions and wastewater policy.

J. Kalani English and Ty J.K. Cullen each entered a plea of guilty to a single count of honest services wire fraud before Senior U.S. District Judge Susan Oki Mollway for accepting cash in envelopes, Las Vegas hotel rooms, dinners for Tahitian friends, casino chips and access to high-stakes gambling in New Orleans. They each face up to 20 years in prison and up to a $250,000 fine. Cullen agreed to pay $23,000 and English agreed to pay $15,305 in money judgments based off the bribes they took.

They were bribed by Milton J. Choy, owner of H20 Process Systems and Fluid Technologies. Choy, who is cooperating with the federal investigation, gave legal donations totaling $160,150 to more than 50 state and county lawmakers since 2014. His companies have received nearly $6 million in government contracts.

English, former state Senate majority leader, and Cullen, former vice chairman of the House Finance Committee, influenced public policy to help Choy benefit financially from Act 125, which was approved by state lawmakers in 2017 and requires the conversion of all cesspools in Hawaii by 2050.

The admissions of guilt in the federal case left lawmakers stunned at the actions of their colleagues and the access enjoyed by Choy at the state Capitol. Choy gave $56,850 to the campaigns of current state senators and $20,600 to active House members, money that chamber leaders say will be redirected to the Hawaii Campaign Spending Commission and a nonprofit criminal justice action network run by law students in New York City.

Colin Moore, director of the Public Policy Center at the University of Hawaii at Manoa, told the Honolulu Star-Advertiser the crimes were a “particularly brazen form of corruption that is relatively rare in the United States.”

“The fact that legislative leaders like Cullen and English were engaged in such casual corruption suggests that this behavior was not particularly unusual, that it was just a normal way for business to be conducted at the Legislature,” said Moore. “I hope that’s not true, and it’s now the responsibility of the Legislature to prove to the public that it’s not true.”

State House Speaker Scott Saiki, in a statement issued Tuesday afternoon, called the bribery “shocking” and “deeply disturbing.”

“Elected officials are entrusted by their constituents to represent their community’s interests. The former legislators used their positions for their personal gain. Their actions have tainted any legislation they may have worked on, as well as the entire Legislature,” said Saiki. “I am committed to doing everything in my power as Speaker of the House of Representatives to rebuild integrity and trust in our legislative process.”

House and Senate leaders are reviewing Cullen’s and English’s votes, appropriations requests, support for Chapter 42F grants-in-aid and other actions.

State Senate leadership, on behalf of all members, issued a statement saying they were “dismayed and disappointed” by English and Cullen’s actions. The senators “condemn the actions of former Senator English and former Representative Cullen” and will work to ensure that individuals who abuse their positions are “prosecuted to the fullest extent of the law.”

“The egregious actions of former Senator English and former Representative Cullen have severely undermined the Legislature’s credibility, destroyed public trust, and have casted a pall over the work that the Senate is trying to accomplish for the people of Hawaii,” read the statement. “Their actions are not reflective of the values and standards that we strive to uphold as public officials. The Senate will continue to take the necessary actions to increase transparency, combat corruption and expand ethics training to all members and staff.”

The federal public corruption investigation involving state and county lawmakers focuses on allegations dating to at least 2014. The U.S. Attorney’s Office declined to answer the Honolulu Star-­Advertiser ‘s questions about whether Cullen and English will cooperate with the ongoing investigation or what triggered the investigation.

“We are pleased to see any reforms, training or general awareness that can assist in ensuring an honest and effective state Legislature,” said Assistant U.S. Attorney Ken Sorenson.

Dressed in a dark suit, blue shirt and blue tie, Cullen appeared via Zoom with his attorney, Birney B. Bervar. He did not speak while Sorenson read through the facts in the case.

Cullen signed his plea agreement Thursday.

“I need to know, directly from you, what happened here,” said Oki Mollway, speaking in court. “Here you were dealing with this Person A, and Person A needed your help dealing with cesspool bills. In return for helping Person A, you got certain sums of money. Did that happen?”

“Yes, your honor,” said Cullen.

“You and this person were actually working together to do things for the benefit of Person A, not necessarily to benefit the people of Hawaii who elected you as their representative. Is that fair?” asked Oki Mollway.

“Yes, your honor,” said Cullen.

“Did you ever put on this gift disclosure form … these cash payments from Person A?” asked Oki Mollway.

“No, your honor,” said Cullen.

“You deliberately left it off so no one would know, is that right?” Oki Mollway probed.

“Yes, your honor,” said Cullen.

When asked by Oki Mollway how he would plead, Cullen replied, “Guilty, your honor.”

Cullen will be sentenced July 5 at 2:15 p.m. He is free on an unsecured $50,000 bond.

Cullen’s guilty plea followed English’s admission of fault Tuesday morning.

During the period of time when the pair of former lawmakers accepted bribes, English was Democratic majority leader, vice chairman of the Senate Committee on Technology and a member of the Senate Committees on Ways and Means and Transportation. In addition to the Finance Committee, Cullen also served on the House Pandemic and Disaster Preparedness Committee and the Government Reform Committee.

English retired in April citing the effects of long COVID, for which he said in court Tuesday that he still receives twice-weekly treatments. Cullen resigned Feb. 8 before the charges became public.

Cullen and English did not list the money and gifts they received in their official gift disclosure form, according to the felony information outlining the charges against them.

English signed his plea agreement Friday. He is free on an unsecured $50,000 bond.

English represented Hana, East and Upcountry Maui, Molokai, Lanai and Kahoolawe, while Cullen was elected to serve the people of Royal Kunia, Waipahu and Makakilo. English also appeared via Zoom on Tuesday from Hana, wearing a dark suit, white shirt and blue tie.

He sat quietly while Sorenson read through the facts outlined by the felony information that cover English’s scheme from November 2014 to May 2021. When asked by Oki Mollway whether what Sorenson read was accurate, he responded, “It’s correct.”

“You did help this person, is that a fair statement?” Oki Mollway asked English in court.

“Yes,” said English.

“And in return for that, this person gave you some benefits … sometimes cash given to you in envelopes. … Is that right?” asked Oki Mollway.

“Yes,” replied English.

When asked whether he realized he was managing legislation to help Person A, English replied, “It’s yes and no on that.”

“The legislation is beneficial to the people of Hawaii, but it also helped him. Yes, it was helping him. … You understand, your honor? What I am saying is both answers are correct,” said English.

Oki Mollway then walked English through the facts he agreed to in the case. English agreed to them again.

When Oki Mollway asked English for his plea, he said, “Guilty, your honor.”

He will be sentenced July 5 at 1:30 p.m.

English accepted Las Vegas hotel rooms, dinners and cash from Choy.

In January 2020, English introduced a Senate bill involving cesspools to benefit Choy’s company for $1,000. On March 11, 2020, Choy gave English $10,000 in cash to kill the cesspool bill, to which English replied, “It’s easy to kill bills,” according to the Department of Justice. The measure did not advance.

In January 2021, English took another $5,000 from Choy, and FBI agents saw English attempt to hide the money in Choy’s car when they were pulled over.

Cullen initially accepted casino chips in New Orleans from Choy in 2014 at a national conference of lawmakers and used them and Choy’s access to high-roller rooms to cash out with about $22,000.

After that trip, during the 2015 legislative session, Cullen used information funneled to him by Choy to introduce a bill “providing for the development of a system to collect and treat wastewater from existing sewerage systems,” according to the plea agreement. After it passed, Choy’s company received a subcontract.

Cullen accepted $5,000 from Choy in September 2019 for “anticipated legislative assistance” that would benefit Choy’s company. Cullen also accepted payments in the amounts of $3,000 in December 2019, $5,000 in January 2020 and then $10,000 on March 10, 2020; $2,000 in June 2021; and $5,000 in October, according to the Justice Department.

Neither Cullen nor English recorded Choy’s payments on their annual mandatory gift disclosure reports, which included a log of any gift worth more than $200. Eng­lish and Cullen emailed this false and misleading disclosure form, thereby using interstate commerce, according to the Justice Department.