Previous Honolulu legal professional Donna Leong accused of lying to FBI in Kealoha probe
March 22, 2022
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The city’s former corporation counsel lied to FBI agents on five instances about who she talked to and how she structured a $250,000 separation settlement with previous Honolulu Police Chief Louis Kealoha, according to the U.S. Division of Justice.
In a superseding indictment submitted March 17, assistant U.S. Attorney Colin M. McDonald wrote that on Nov. 17, 2017, the city’s top legal professional, Donna Leong, produced “materially wrong, fictitious, and fraudulent statements and representations” to FBI brokers investigating Kealoha’s payout.
Leong, the city’s corporation counsel from 2013 to 2019, allegedly told FBI agents that the acting HPD main at the time, Cary Okimoto, experienced nothing at all to do with the payout, never ever talked to her about it and did not complain until finally right after it was done, which the federal governing administration statements is not genuine.
Leong also “falsely stated” to federal brokers that she did not have any conversations with then HPD Assistant Chief William R. Axt about the payment to Kealoha.
Leong allegedly made a false statement to FBI brokers when she mentioned that deputy corporation counsel Duane Pang would not have been capable to converse to anybody outdoors the Honolulu Law enforcement Fee about the settlement for the reason that she managed the method “very tightly.”
It is not apparent why the Justice Department elected to file the new allegations 3 months soon after the initial Dec. 16 indictment of Leong, former Running Director Roy Amemiya and previous Honolulu Law enforcement Commission Chair Max Sword.
Kelly Thornton, director of media relations for the U.S. Attorney’s Office environment of the Southern District of California, which is managing the case, declined comment.
Leong’s attorney, Lynn Panagakos, did not respond to a Honolulu Star-Advertiser email and cellular phone message requesting comment. Neither the DOJ nor Panagakos responded to a concern about regardless of whether Leong was supplied a plea offer in exchange for cooperation.
Leong, Amemiya and Sword are accused of conspiring to defraud the governing administration by spending Kealoha $250,000 to voluntarily depart HPD in January 2017. The trio turned on their own in to the FBI on Jan. 12 and have entered pleas of not guilty.
Their demo is scheduled for June 13 at 9 a.m.
On Friday, U.S. District Judge Leslie E. Kobayashi instructed the Justice Department and defense lawyers for Leong, Amemiya and Sword that she will be available from 4 to 6 p.m. Monday for the duration of the scheduled deposition of a important witness in the circumstance.
Kobayashi ruled Feb. 28 that former metropolis Funds and Fiscal Products and services Director Nelson Koyanagi, who is combating most cancers, could be deposed in the situation.
According to a letter from Koyanagi’s doctor, mentioned in federal courtroom Friday, he may well not be able to comprehend or comprehend what is becoming questioned of him, and his skill to make precise statements may possibly be seriously impaired. Koyanagi might be struggling aphasia, which is the decline of skill to categorical or understand spoken terms, in accordance to discussions through Friday’s status convention.
Kobayashi reiterated that the deposition would be difficult, but she did not see any proof that it are not able to continue on.
“He could or may possibly not be in a position to understand. … He could not be capable to bodily formulate responses in his situation,” reported Kobayashi. She reported the concern of admissibility of Koyanagi’s responses will be tackled pursuing the deposition.
She reminded the defense that their obligation to fight for their shoppers is “colliding” with compassion for yet another unique “who is plainly likely via a incredibly hard time.”
If lucid, Koyanagi is envisioned to confirm the 2017 Kealoha settlement was authorized and followed a framework similar to separation payout agreements with other previous metropolis department heads.
Prior to going forward with the Kealoha payout, the metropolis administration also considered a legal and coverage memo authored by a deputy corporation counsel that identified the arrangement authorized and ideal. A 2019 overview of the settlement carried out by a San Francisco legislation agency, Farella Braun &Martel, contracted by the town, also declared its composition lawful and in line with separation payment tactics at the time.
“If I sense any difficulty of my consumer to react … I will decrease the courtroom,” mentioned Howard Luke, Koyanagi’s legal professional.
Kobayashi also assured Lyle S. Hosoda, Amemiya’s attorney, and Luke that a ask for by assistant U.S. Legal professional Janaki G. Chopra for the number of situations defense attorneys fulfilled with Koyanagi was only a ask for.
“We see it as a type of discovery, reciprocal discovery,” stated Chopra, talking in court Friday. “We realize at least 1 member of the protection has satisfied with Mr. Koyanagi.”
Luke advised the court he would not turn over any details about communications involving Koyanagi, a witness and attorneys involved in the scenario, in spite of the government’s request.
He stated he was anxious about “some issues that would occur with Koyanagi’s perform products and attorney- client communications.
“She (Chopra) asked for it, and Mr. Luke stated, ‘No, I’m not going to give it to you,’” mentioned Kobayashi.
Kobayashi stated she does not be expecting that a motion to compel Luke to transform above the requested product will be submitted.
