The criminal case against the city’s former managing director for alleged fraud in connection with a $250,000 severance payment to former Police Chief Louis Kealoha is supported by 16,382 pages of evidence and should not be dismissed, according to a federal court filing.
Although attorneys for Roy Amemiya argued in a Jan. 31 motion to dismiss that there is nothing to the allegations that he conspired to defraud the federal government while helping arrange the $250,000 payout to Kealoha, Assistant U.S. Attorney Janaki G. Chopra wrote in a March 3 filing that the indictment provides a level of detail “far beyond what is required by statute and case law.”
“Amemiya is alleged to have committed several overt acts, such as threatening an HPD official with ‘burning bridges’ by not agreeing to the terms of Kealoha’s payout and attempting to persuade an HPD official not to raise concerns about the payout before the City Council in order to avoid the payout from becoming a ‘story,’” wrote Chopra.
The allegation that Amemiya, former Corporation Counsel Donna Leong and former Police Commission Chairman Max Sword conspired to defraud the federal government need only require prosecutors to show that they were agents of the city and that the city was in receipt of federal benefits in excess of $10,000, according to the filing by prosecutors.
“Any additional questions by Amemiya regarding his specific role in the conspiracy will be addressed by the voluminous discovery in this case, which currently comprises of approximately 16,382 pages and 116 native files (out of which approximately 39 are media files),” read Chopra’s filing.
The discovery evidence available to the trios’ attorneys includes the names and statements of witnesses, reports of investigation by law enforcement, grand jury transcripts, grand jury exhibits and subpoena returns, court documents, phone records, recorded phone calls and interviews, and other evidence.
Amemiya, Leong and Sword were indicted Dec. 16 and turned themselves in to the FBI on Jan. 12. Their trial is scheduled for June 13 at
9 a.m.
In the motion to dismiss, Amemiya’s attorney Lyle S. Hosoda wrote that the Justice Department did not offer evidence that federal funds were used or that Amemiya, Leong and Sword “received any money or other personal benefit from the alleged conspiracy. The defendants were not charged with the offenses they are alleged to have conspired to commit.”
Amemiya never came to an agreement with anyone in relation to the handling of Kealoha’s payout, which followed standards for severance agreements at the time and was approved by city attorneys prior to its execution, according to the federal court filing by Hosoda.
Hosoda, attorney Lynn Panagakos for Leong and attorney Randall Hironaka for Sword did not immediately reply to a Honolulu Star-
Advertiser request for comment. Kelly Thornton, director of media relations for the U.S. Attorney’s Office of the Southern District of California, which is handling the case, declined comment.
On Monday the parameters for deposing a critical witness in the case, Nelson Koyanagi, former director of the city Department of Budget and Fiscal Services, were outlined by U.S. District Judge Leslie E. Kobayashi.
Defense attorneys can question Koyanagi, who is fighting cancer, for 90 total minutes, and the government’s counsel for 30 minutes. Breaks will be taken if Koyanagi needs them for his care and comfort.
Attorneys will negotiate a time and place for the deposition to take place.
“The Court encourages all to accommodate Mr. Koyanagi as much as possible to reduce the imposition that will be placed on him and his family,” wrote Kobayashi.
