Former state senator is sentenced to 40 months in prison

The former majority leader of the state Senate expressed remorse and apologized Tuesday after he was sentenced to 40 months in federal prison for taking bribes to manage legislation on behalf of a wastewater treatment and industrial machinery executive.

Senior U.S. District Judge Susan Oki Mollway sentenced former state Sen. J. Kalani English to three years and four months in prison for accepting $18,305 in cash from H20 Process Systems President Milton J. Choy to support and kill bills and provide intelligence to Choy’s businesses between 2014 and 2021.

Mollway said a powerful elected official with no issue taking money to betray the public trust was a “terrible combination,” and characterized the ease with which English accepted and requested money as a “terrifying prospect.”

English must forfeit $13,305 in bribes, and had previously turned over $5,000 he had received from Choy after FBI agents caught English in a traffic stop. Mollway also fined English $100,000, half of which is due within 60 days, and levied a $100 special assessment.

English, 55, pleaded guilty Feb. 15 to a single felony count of honest services wire fraud for failing to report the alleged bribes in his electronic legislative gift disclosure report.

Mollway told the court that a message needed to be sent to corrupt public officials abusing the public’s trust. She pointed out that English owned multiple parcels of land and rental properties, did not need the money and was far from “destitute.”

“He just wanted more,” said Mollway, speaking in court Tuesday afternoon. “What you have done is so serious, so detrimental to the fabric of our society. … This kind of behavior will not be tolerated.”

Assistant U.S. Attorney Ken Sorenson, who prosecuted the case, asked Mollway to sentence English to 42 months in prison.

“Kalani English sold the power and prestige of his position as majority leader of the Hawaii state Senate and betrayed his oath as an elected representative of the people of Hawaii,” said Sorenson, addressing Mollway. “We submit this betrayal has caused an even greater crisis in confidence in our elected officials.”

In April 2021, English, a Democrat, stepped down from his Senate seat, citing lingering symptoms from a COVID-19 infection. Representing Hana, East and Upcountry Maui, Molokai, Lanai and Kahoolawe, Eng­lish’s tenure in the Senate started in 2001.

The judge did take into account English’s medical condition when reducing the prosecutors’ recommendation by two months. Eng­lish’s attorney had asked for 30 months.

English contracted COVID-19 in November 2020 and suffers from “long-haul” symptoms that include sleep apnea, memory loss and recall difficulty, lethargy and significant breathing problems. He receives treatments twice a week and is prescribed seven daily medications.

Federal prosecutors argued that he retired because he had been caught by the FBI, including an instance in January 2021 when federal agents witnessed him trying to stash $5,000 in cash under a floor mat during a traffic stop after a meeting with Choy, who worked as a confidential informant for the government.

Choy is ensnared in a separate federal public corruption case and helped federal prosecutors and Federal Bureau of Investigation agents in the arrest of English, 55, and former state Rep. Ty J.K. Cullen, 41, then vice chairman of the House Committee on Finance.

Cullen is scheduled to be sentenced Oct. 20.

“As we stated when recommending a term of imprisonment, English, as a prominent leader in the state Senate, shoulders significant responsibility for any deficit of confidence in our public officials,” said U.S. Attorney Clare E. Connors in a statement. “He criminally abused the power of his official position to serve his personal interests rather than the people of Hawaii, which is misconduct the federal government will prosecute in order to hold elected officials accountable.”

English, dressed in a dark gray suit and white shirt, and wearing a white face mask, apologized to the court and expressed “deep remorse” for his crime. He said he wants to “be a better man.”

“I ask myself continually, ‘Why did I do it?’ I can’t answer it,” said English, speaking in court. English de­clined comment after his sentencing.

Sorenson and assistant U.S. Attorneys Micah Smith and Michael Albanese prosecuted the case for the government.

“As a former Hawaii politician is sentenced today for public corruption, the taxpayers of Hawaii should know that the FBI continues to vigorously investigate those who misuse their official position for their own personal financial gain,” said FBI Special Agent in Charge Steven Merrill in a statement. “We will not stop in our pursuit to bring these types of cases to the U.S. Attorney’s Office for prosecution and ensure that the best interests of the people of Hawaii are served.”

State House Speaker Scott K. Saiki said in a statement that his chamber “does not condone the actions taken by the former legislators.”

“I hope this serves as a message to everyone in government that there can be no tolerance for unethical conduct,” Saiki said.

Jacob Aki, director of communications for the state Senate, told the Honolulu Star-Advertiser that the chamber is awaiting the next report from the Commission to Improve Standards of Conduct and will use the findings to help shape future policies and practices.

“The Senate continues to look at ways to prevent egregious behavior like this from happening again,” said Aki.