Former Senator Kalani English - Plea Agreement

Case 1:22-cr-00012-SOM Document 8 Filed 02/15/22 Page 1 of 39 PageID #: 56
CLARE E. CONNORS #7936

United States Attorney
District of Hawaii FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Feb 15, 2022, 11 :46 am
MICHAEL NAMN.lAR M ichelle Rynne, Clerk of Court
Chief, Criminal Division
KENNETH M. SORENSON
WCAHSMITII
MICHAEL F. ALBAN"ESE #9421
Assistant U.S. Attorneys
Room 6-100, PJKK. Federal Building
300 Ala Moana Blvd.
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
Email: [email protected]
J\,[email protected]
[email protected]
IN THE lJNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAll
UNITED STATES OF AMERICA, ) CR. NO. 22-00012 SOM

)
Plaintiff, ) :MEMORANDUM OF PLEA
) AGREEMENT
vs. )
) DATE: February 15, 2022
JAl\.1IE KALANI ENGLISH, ) TIME: 10:00 a.m.
) JUDGE: Hon. Susan Oki Mollway
Defendant. )
__________ )
)
MEMORANnUM OF PLEA AGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the
UNITED STATES OF AMERICA, by its attorney, the United States Attorney for
the District of Hawaii, and the defendant, JNv1IE KALANI ENGLISH, and his
attorney, Richard H.S. Sing, Esq., have agreed upon the following:
THE CHARGES
1. The defendant acknowledges that he has been charged in an
Information with honest services wire fraud, in violation of Title 18, United States
Code, Sections 1343 and 1346.
2. The defendant has read the charge against him contained in the
Information, and that charge has been fully explained to him by his attorney.
3. The defendant fully understands the nature and elements of the crime
with which he has been charged.
THE AGREEMENT
4. The defendant agrees to waive indictment and enter a voluntary plea
of guilty to the Information, which charges him with honest services wire fraud.
The defendant is aware that he has the right to have this felony asserted against
him by way of grand jury indictment. The defendant hereby waives this right and
consents that this offense may be charged against him by way of the Information.
In return for the defendant's plea of guilty to the Information, the government
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agrees not to charge the defendant with additional violations of law related to the
defendant's acceptance of bribes and other items of value known to the
government on the date of this agreement.
5. The defendant agrees that this Memorandum of Plea Agreement shall
be filed and become part of the record in this case.
6. The defendant enters this plea because he is in fact guilty of honest
services fraud as charged in the Information, and he agrees that this plea is
voluntary and not the result of force or threats.
PENALTIES
7. The defendant understands that the penalties for the offense to which
he is pleading guilty include:
a. A term of imprisonment ofup to 20 years and a fine ofup to
$250,000, plus a term of supervised release ofup to 3 years.
b. In addition, the Court must impose a $100 special assessment as
to each count to which the defendant is pleading guilty. The defendant agrees to
pay $100 for each count to which he is pleading guilty to the District Court' s
Clerk's Office, to be credited to said special assessments, before the
commencement of any portion of sentencing. The defendant acknowledges that
failure to make such full advance payment in a form and manner acceptable to the
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prosecution will allow, though not require, the prosecution to withdraw from this
Agreement at its option.
c. Forfeiture. Pursuant to Title 18, United States Code, Section
981(a)(l) (C) and Title 28, United States Code, Section 2461(c), the defendant shall
forfeit any and all property, real or personal, constituting, or derived from,
proceeds traceable to the violation of the offense set forth in the Information.
d. Restitution. The Court must also award restitution pursuant
to Title 18, United States Code, Section 3663A, to the persons and entities
victimized by the defendant's offenses. The defendant understands that the Court
will determine the amounts of restitution to be ordered, as well as the persons and
entities entitled to such restitution, with the assistance of the United States
Probation Office.
FACTUA L STIPULA TIONS
8. The defendant admits the following facts and agrees that they are not
a detailed recitation, but merely an outline of what happened in relation to the
charge to which the defendant is pleading guilty:
a. From in or around November 2014 until in or around May
2021, JAMIE KALANI ENGLISH, the defendant, was the Senate Majority Leader
of the Hawaii State Senate (the "Senate"), which is one of the two houses of the
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State of Hawaii legislature. While holding that position of trust, ENGLISH
engaged in a scheme to deprive the citizens of the State of Hawaii of his honest
services as an elected legislator and Senate Majority Leader.
b. As part of his scheme, ENGLISH accepted payments and
benefits from "Person A," the owner and operator of a Hawaii-based business. In
exchange for those payments and benefits, ENGLISH agreed to provide, in his
official capacity as a member of the Senate, legislative support that would be
beneficial to Person A's company.
c. Furthermore, despite ENGLISH's ethical and statutory
obligation to do so, ENGLISH did not disclose these payments on the State of
Hawaii mandatory Gift Disclosure Statement required of all legislators who
receive a gift valued at more than $200. By failing to disclose the payments and
benefits he received, ENGLISH concealed this material information from both the
State Ethics Commission and the people of Hawaii.
ENGLISH' s Official Powers in the Senate
d. At all times relevant to the Information, ENGLISH was a
Hawaii State Senator representing the 7th Senatorial District, which includes Hana,
East and Upcountry Maui, Molokai, Lanai, and Kahoolawe. ENGLISH was first
elected to the Senate beginning in approximately November 2000 and, over the
5
years, held a number of positions on various committees. At times relevant to
this Information, ENGLISH served as the Senate Majority Leader and as Vice
Chair of the Senate Committee on Technology, and was a member of the Senate
Committees on Ways and Means and Transportation.
e. ENGLISH was a member of the Cesspool Conversion Working
Group (CCWG), which was established pursuant to Act 132 of the Session Laws
of Hawaii in 2018. Act 132 recognized that "public health and the quality of
Hawaii's drinking water, streams, ground waters, nearshore marine areas, and
ocean are being harmed by water pollution from cesspools," Act 132, § 1, and
charged the CCWG with developing a comprehensive statewide plan for
converting cesspools to more environmentally-responsible waste treatment systems
or connected sewer systems by the year 2050. The CCWG was tasked with
providing an interim report of its preliminary findings and recommendations,
including proposed legislation, to the legislature no later than December 31, 2019,
and with submitting a final report, including findings, recommendations, and any
proposed legislation, to the legislature no later than twenty days prior to the
convening of the regular session of 2021.
Person A
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f. At all times relevant to the Information, Person A was the
owner and operator of a Hawaii-based business that conducted industrial service
business throughout the State of Hawaii. Among other things, Person A's
business regularly entered into contracts with county governments to provide
services and products in the area of wastewater management. Person A's
business was well positioned to avail itself of publicly financed cesspool
conversion projects.
Overview ofENGLISH's Fraudulent Scheme
g. On a date within the last several years, Person A asked
ENGLISH to support the passage of legislation pending before the Hawaii State
Senate that would create and fund a large project. Although the legislation did
not specifically provide any contracts to Person A's company, Person A's
company had a significant advantage in being awarded a sub-contract because it
was one of the few companies that could do the work. ENGLISH was by this
point familiar with the nature of Person A's business. In response to Person A's
request, ENGLISH provided his support to the legislation. After the legislation
passed, Person A gave ENGLISH several thousands of dollars for ENGLISH to
purchase food and drinks for a political gathering ENGLISH was attending.
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While ENGLISH did not request the funds from Person A, he accepted the money
from him/her without reporting their receipt on his annual gift disclosure form.
h. Beginning in or around 2019, ENGLISH and Person A began to
discuss cesspools. In exchange for a stream of benefits that included hotel rooms
and outright cash payments, ENGLISH agreed to support specific legislation that
would favor Person A's business. When ENGLISH was informed that Person A
was supportive of the legislation, ENGLISH agreed to take official action to
support its passage. When, at a later date, Person A paid ENGLISH $10,000 in
cash to "kill" the legislation, ENGLISH changed course and agreed to do so, while
joking with Individual A that "[i]t's easy to kill bills."
ENGLISH and Person A Discussed Cesspools and the CCWG
1. ENGLISH and Individual A met on or around May 8, 2019.
The discussion turned to cesspool legislation, and Person A asked, "I think there's
a cesspool committee out too, right? I don't know how far they've gotten ....
You can probably get more information on that ...." ENGLISH interjected and
said, "well, I'm on the committee." Person A expressed surprise and added,
"that's helpful." ENGLISH elaborated: "so I've never attended the meeting
purposefully because ... I don't want to overshadow their work ... but I get all the
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minutes, so I know what's going on ... [be]cause at the end they have to turn their
report in to the legislature."
J. Person A asked ENGLISH if it would be possible to get a copy
of the committee's draft report, and ENGLISH replied, "sure." At a later point in
the conversation, Person A told ENGLISH, "if there's something I can do for you
Kalani, you let me know." ENGLISH responded, "thank you." Person A then
added, "There's gonna be things that I have to ask as well, and I appreciate you, as
my brother and friend ... there's things that you cannot do, no problem ... there's
things that I cannot do, no problem. But, together we find a way."
ENGLISH Solicited Hotel Rooms and Cash and

Agreed to Send Person A the CCWG's Draft Report
k. On or around June 7, 2019, ENGLISH called Person A and
informed Person A that he was traveling to Las Vegas, Nevada to attend a concert.
ENGLISH expressly asked Person A to obtain two hotel rooms for him in Las
Vegas, Nevada between June 19, 2019 to June 23, 2019. During the same call,
ENGLISH also informed Person A that he would send Person A, via email, a draft
report the CCWG had authored. The draft report identified solutions to convert
cesspools and Person A's company could potentially benefit from having access to
the draft report. Person A's company would benefit from having early access to
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the draft report in that Person A would have an opportunity to submit input and/or
comments on the draft to ENGLISH.
1. On or around June 11, 2019, Person A called ENGLISH.
During the call, Person A informed ENGLISH that Person A would obtain the Las
Vegas rooms for ENGLISH, and explained that Person A would likely put the
rooms in Person A's name in order to secure possible comps and discounts.
ENGLISH answered, "Oh, cool. Thank you, oh [Person A], really appreciate it."
Then Person A turned to what he/she sought in return: "No problem, hey hey, so
Kalani, um, one thing um, regarding the document, um, for the cesspool stuff can
you ...." ENGLISH asked, "Oh, you got it?" Person A replied that he/she had
not yet received the CCWG report. ENGLISH responded that he had previously
sent the report to one of Person A' s email addresses but would send the report to
another email address belonging to Person A. ENGLISH explained that the
report was still in the draft stage and that he wanted Person A to review it and
provide ENGLISH with comments. ENGLISH stated: "Well it's the draft, so
that's why it's now waiting for the comments. That's why I wanted you to look
at it. Because, if it has comments, then I can, I can send it in. I can say do this,
no we don't like this, we like that."
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m. ENGLISH then turned to another matter for which he sought
Person A's help: "So, I'm, I'm coming to Honolulu tonight, um, and then I have,
uh, actually you know [Person A] if you can help me with one other thing?"
ENGLISH explained that he had family/friends who were coming into town from
Tahiti. Person A had never previously met or spoken to ENGLISH' s
family/friends from Tahiti. ENGLISH stated: "I have, um, like a grandma in,
from, you know, an older lady, her daughter, and her son, grandson, and their
daughter, um~ in from Tahiti ... so I'm going to see them ... in Honolulu. Do
you think we could take them out somewhere?" ENGLISH was, in fact, asking
Person A to host ENGLISH' s large family group by attending and paying the
dinner bill. Person A responded: "Absolutely, uh well, I may not be able, well,
tomorrow I got like some guests in town from California, but I can help you out
with it." ENGLISH responded: "Sure."
n. Later that day, on or around June 11, 2019, ENGLISH emailed
a copy of the CCWG draft report to Person A. While at times legislators may
seek input from individuals with specific subject matter knowledge regarding
legislation, the CCWG report was a draft not intended for general public
distribution. Within its provisions it included, for example, passages such as
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"Other notes (not to share)"; "Cost SOOO important to narrow the scope"; and "a
hypothetical bookend. Should NOT be included".
o. On or around the next day, June 12, 2019, ENGLISH and
Person A attended a lunch meeting together. During the meeting, ENGLISH
again informed Person A that Person A could submit draft comments regarding the
CCWG report. ENGLISH stated: "Well they're still open for, you know, because
it's a draft-and they are asking us to give comments. If there's any comments
you guys want, just write them out and I can submit it." Person A then turned to
the matter ofENGLISH's request for help with the dinner he was hosting with his
Tahitian guests. Person A stated, "Oh, by the way, housekeeping wise, um, sorry
um that I can't make dinner tonight, but um, but anyway, yeah um, this is the help.
Five hundred [$500], for you." ENGLISH accepted an envelope with $500 in
cash and said, "Appreciate it." Person A then told ENGLISH, "Yeah, for like,
you know for dinner but thank you for um sending that report."
p. ENGLISH and Person A continued their conversation over
lunch. Several topics of small talk arose, including a discussion about the
Tahitian guests and where ENGLISH would likely take them. Person A then told
ENGLISH that "if the bill comes in under 300 or 350 just keep it. You know?"
ENGLISH replied, "Ah, thank you." Person A then made comments indicating
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that he/she was providing ENGLISH the money because Person A was focused on
the draft report and the possibility of shaping legislation and obtaining financial
benefits for Person A's business: "For yourself, yeah. Whatever you hear.
You know. But, I want to thank you for like um ... you know for supporting this
and I think in the end, Kalani, um we're going to, you know, collectively there's
going to be a lot of um ... a lot of benefits for everybody in-in return." Person
A then flagged for ENGLISH that one thing he noted in the draft report was that
"the technology that is called out .... We're the only ones that have sole source
solution for that." ENGLISH responded, "Cool. Good."
q. On or around June 14, 2019, ENGLISH sent Person A the
following instant message: "Mahalo [Person A], I took the family to [Redacted]
Chinese restaurant and everyone had crab. They were all very happy. Mahalo
again!"
r. Per his agreement with ENGLISH, Person A paid for two hotel
rooms in Las Vegas, Nevada that ENGLISH had requested for the dates of June
19, 2019 through June 23, 2019. The total cost for the rooms was $1,805.
ENGLISH Agreed to Support Proposed

Cesspool Legislation Favorable to Person A's Business
s. On or around January 14, 2020, ENGLISH, Person A, and
others attended a dinner meeting at a restaurant in Honolulu. During the meeting,

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Person A told ENGLISH about a House bill relating to cesspools ("House Bill 1")
and described some of the substance of the bill and the pilot program it would
establish. ENGLISH then offered his legislative services to introduce a Senate
companion bill to House Bill 1, indicating his willingness to introduce a Senate
cesspool bill in order to benefit Person A's business interests. ENGLISH even
inquired with Person A as to at one point whether Person A wanted a "non-Maui
person to introduce it or do you want a Maui guy ...."
ENGLISH Received Email of the Draft Bill and ENGLISH

Confirmed That He Had Introduced a Companion Bill in the Senate
t. On or around January 21, 2020, Person A emailed ENGLISH a
copy of House Bill 1.
u. On or around January 23, 2020, Person A called ENGLISH.
During the call, ENGLISH confirmed that he did introduce a companion bill to
House Bill 1. ENGLISH then clarified that although his Senate bill was similar to
House Bill 1, it was actually a companion to a different bill introduced by another
State Representative ("House Bill 2").
v. The companion bill of which ENGLISH spoke was S.B. 2380,
which ENGLISH had introduced on or around January 17, 2020. The thrust of
S.B. 2380 would make funds available to test technologies for waste management
solutions through a pilot program.

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Person A Paid ENGLISH $1,000 For Introducing S.B. 2380
w. On or around February 24, 2020, ENGLISH and Person A and
several others met at a restaurant in Honolulu. During the meeting, Person A
gave ENGLISH $1,000 in cash for introducing S.B. 2380. After providing
ENGLISH the $1,000, Person A stated: "That's-that's for you for all that, you
know, for putting that-that beautiful, um, ... bill. I think it got ...."
ENGLISH interjected: "Thank you. It's moving. Yeah." Person A responded,
"It is? . Oh great." Person A explained to ENGLISH that "it's a significant
project for us-and, um, you know, for the state-but also, you know, for our
.
busmess, so, you know ...."
x. Later in the dinner conversation, Person A again brought up the
topic of the bill and told ENGLISH, "it's good to hear that the bill is moving."
Person A said it would be helpful to know where it is, and mentioned that he/she
had downloaded the language. ENGLISH told Person A that "the original
language" was from House Bill 2, which was similar to "the one you wanted."
ENGLISH then confirmed that "it's moving," and then explained that "I kind of
don't pay attention to all the bills," to which Person A replied that he/she would
"keep an eye on it" himself/herself. ENGLISH then explained to Person A that
he/she, "should formulate what you would like to see" in the bill.
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y. At a later point in the dinner, ENGLISH explained the status of
the bills and what legislative steps were going to happen next. ENGLISH
mentioned that "50 percent of the bills have gone by the wayside right, so we're,
things are sorting." ENGLISH added, "think about what you would like to see
the, for the cesspool bills," clarifying that "you don't have to think about the
language, just think about the outcomes, I'll, I'll deal with the language." Person
A says, "thank you, ok." A bit later, ENGLISH talks about the frustrations with
how there have been a number of studies, going in "academic circles," and that
they need "something to say, ok guys, we're going here. This is where we're
going." ENGLISH adds that he wants to get the money "out of the UH think tank
and get it to the practitioners." Person A says, "I appreciate that, that's a great
idea."
z. At an even later point in the evening, Person A told ENGLISH,
"Kalani, believe me, you've been so, uh, gracious and helpful to me. I will, um,
exhaust the resources to, um ... try and get, get, you some, um, help, you know,
uh ... and then, um, but I appreciate all the stuff you've done, and um, I'll
continue to support you. And maybe we can find other things, um, that we can
collaborate on. I do appreciate your assistance ... submission of the bill and
then, um, appreciate you providing that recommendation to ... come up with that,
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you know, the language, at least, you know, the point of the matter." ENGLISH
agrees, "yes, because we got to figure out, we've got to get it out of academia,
we've got to move it to the guys that are actually doing it .... We can analyze
something until it's blue. We got to get to, like, what's the best that, given what
we know, this is the best route to go, let's go. Somebody got to call it, and that's
us, right, that's the politicians, we've got to say, 'nuff information, we're going
this way." Person A later again says, "well I appreciate the bill, the support and,
you know, um. It is, the bill's important to us, I mean, not only for our
stakeholders and everything in the future, but, we've been sorta like, working on
this for a while, and kinda banking on it, so ...." ENGLISH responds "it gives
reassurances to your, your investors and your people that government is still there,
that we are, we are, backing this, we're going to be there, and we're going to see
this through, and you need that to carry through your projects." At the end of the
dinner, Person A paid the group's dinner bill of $592.14, which included
ENGLISH'S dinner and drinks.
ENGLISH Accepted $10,000 to Kill the Bill
aa. Although ENGLISH had expressed commitment to helping
pass the cesspool bills when Person A sought that assistance, when Person A asked
at a later date for him to kill the cesspool bills, ENGLISH agreed to do so. On or
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around March 11, 2020, ENGLISH met with Person A. The meeting took place
in Person A's vehicle. During the meeting, Person A told ENGLISH that for
unanticipated reasons, he/she needed ENGLISH to delay the passage of the
cesspool bills until next session, and paid ENGLISH $10,000 in cash to see to it
that the cesspool bills were killed.
bb. ENGLISH and Person A had the following conversation about
killing the cesspool bills:
Person A: I need to, um, delay that bill like until the next session.
Because then I know like you-you're the one that submitted it so--
and I don't know how complex this is and I want to-.want to--
ENGLISH: Well it's easy to kill bills. It's hard to pass them.
Person A: I need both of those kind of like . . ..
ENGLISH: You need both of them killed?
Person A: Yeah, yeah.
ENGLISH: Okay.
Person A: Is that? I mean-I mean-you know, I don't know how

that's done.
ENGLISH: It's easy to kill bills .... This one I can-I can make
sure it doesn't move in the money committees. The one that's on the
House side, um, you know let me just see where it is and I can see it, I
can just tell the Chairs, hold off . . ..
cc. At this point in the conversation, Person A informed ENGLISH
that a nearby envelope contained $10,000 in cash for ENGLISH:

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Person A: So, open up that folder. I was going to give you this.
Okay, that's like just, cause, and, and the-that's-that's ten
[$10,000]. Uh-the only thing is that, as the economy dips and-
and we're still in a pretty healthy economic position, I want to ensure
that-uhm-now that we're-uh-I mean, we can do this and support
our guys then I want to do it now rather than later when you just kind
of like are tapped out.
ENGLISH: Thank you.
dd. Person A ended the conversation with ENGLISH by saying, "if
you could really help out with this, Kalani, to ensure ... and I'm sorry that you had
to, like, go through this for me." ENGLISH then responded to Person A stating:
"this is all, this all part of the work, right, I mean, like I said, to pass a bill is
difficult. To kill a bill ... easy." Both ENGLISH and Person A laughed, and
Person A then stated that they would talk again "just to get a pulse on what's
happening," and asked ENGLISH to keep him/her posted. ENGLISH then exited
the vehicle.
Person A Followed up with ENGLISH about the Cesspool Bills
ee. Following the meeting on or around March 11, 2020, Person A
followed up with ENGLISH to check on the status ofENGLISH's efforts to kill
the cesspool pilot program legislation.
ff. On or around April 10, 2020, Person A called ENGLISH.
During the call Person A explained that his/her partners were concerned about the
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status of the cesspool legislation and were looking for assurances. In response,
ENGLISH told Person A that "because we, um, we, we suspended the legislature . ·
.. basically everything froze in place... all of these types of bills... these will die.
But they'll just, they'll remain there, and we probably will not go back into session
.... all the bills will die." Person A responded that his partners were "insecure"
and put a lot of "resources" and "effort" into the matter. Person A then pressed
ENGLISH for an assurance that ENGLISH would indeed follow through with
killing the cesspool legislation if it came back before the legislature. ENGLISH
responded: "absolutely."
gg. On or around June 30, 2020, Person A made another call to
ENGLISH. During the call, Person A followed up with ENGLISH on the status
of the bills:
Person A: I also wanted to touch base with you on the, you know,
thing we're working on with that bill ... and you know see how
everything is going with that.
ENGLISH: Yeah none of it is moving right?
Person A: Well yeah, well yeah last I checked, but, you know I just
was checking to see.
ENGLISH: Yeah, I, I, actually have been, I think, I, I been keeping

an eye on it so I don't think any of it is, any of it is moving. Um,
there have been a few bills that have, that have caught us by surprise
that the House moved in. Of course, we moved a few that caught
them by surprise, but none of those.
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Concealment of Material Information
hh. As mentioned above, as a state legislator, ENGLISH was
required by Hawaii State law to make an annual gift disclosure, on or before June
30 of each year, of any gifts received during the previous year ending the
preceding May 31, "valued singly or in the aggregate in excess of $200, whether
the gift is in the form of money, service, goods, or in any other form" whenever the
"source of the gift or gifts have interests that may be affected by official action or
lack of action by the legislator or employee."
11. The gift disclosures for gifts received between June 1, 2019
through May 31, 2020, were due by June 30, 2020. ENGLISH electronically
filed his annual gift disclosure statement with the Hawaii State Ethics Commission
on June 30, 2020.
JJ. In his gift disclosure, ENGLISH knowingly and purposefully
failed to declare the receipt of any of the funds or financial benefits conferred upon
him by Person A, including the hotel rooms provided to him in June 2019 at a cost
of $1,805, the $500 in cash provided to him in June 2019, the $1 ,000 in cash
provided to him in February 2020, or the $10,000 in cash provided to him in March
2020.
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kk. At the same time, ENGLISH disclosed small gifts he received
from legitimate sources during that same time period, including, among other
things, gifts of $7 worth of trail mix from a private company, $10 worth of chili
pepper water from the County of Kauai, a $20 goody and snack bag from the Maui
County Council, and a $22 grocery bag of vegetables from a law firm. ENGLISH
also disclosed travel and hotel stipends that he received from legitimate sources,
including a $200 hotel stipend from the National Conference of State Legislatures.
11. By failing to lawfully disclose payments and benefits that he
accepted for agreeing to perform official acts on his annual gift disclosure form,
ENGLISH purposefully concealed corrupting influences on his performance as a
State Senator, and defrauded the citizens of Hawaii, who were entitled to
ENGLISH' s honest and faithful services and entitled to know what gifts ENGLISH
had received during the course of his employment.
mm. ENGLISH's electronic filing of his gift disclosures on June 30,
2020, was transmitted in interstate commerce. This interstate wire was an essential
part ofENGLISH's scheme because it facilitated ENGLISH's filing of a gift
disclosure that concealed material information about multiple payments and
benefits ENGLISH had received from Person A during the previous year.
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ENGLISH Accepted Another $5,000 Payment
nn. On January 14, 2021, ENGLISH and Person A met in Person
A's vehicle in the Kaka'ako area of downtown Honolulu. After ENGLISH
entered the vehicle, Person A handed him an envelope and told him, "that's money
for you. $5,000." Person A then thanked ENGLISH for "all his support" and
indicated the type oflegislative assistance he/she would need from ENGLISH.
ENGLISH accepted the cash and told Person A, "I can definitely use that right
now. All the mortgages have become due." ENGLISH thanked Person A for
the money and stated, "thank you I really appreciate it." Shortly thereafter,
Special Agents with the Federal Bureau of Investigation conducted a traffic stop of
the vehicle, during which ENGLISH made an unsuccessful effort to hide the
$5,000 under the front floor mat of Person A's vehicle.
9. Pursuant to CrimLR 32.l(a) of the Local Rules of the United States
District Court for the District of Hawaii, the parties agree that the charge to which
the defendant is pleading guilty adequately reflects the seriousness of the actual
offense behavior and that accepting this Agreement will not undermine the
statutory purposes of sentencing.
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SENTENCING STIPULATIONS
10. Pursuant to CrimLR 32.l(b) of the Local Rules of the United States
District Court for the District of Hawaii and Section 6Bl.4 of the Sentencing
Guidelines, the parties stipulate to the following for the purpose of the sentencing
of the defendant in connection with this matter:
a. As of the date of this agreement, it is expected that the
defendant will enter a plea of guilty prior to the commencement of trial, will
truthfully admit his involvement in the offense and related conduct, and will not
engage in conduct that is inconsistent with such acceptance of responsibility. If
all of these events occur, and the defendant's acceptance of responsibility
continues through the date of sentencing, a downward adjustment of 2 levels for
acceptance of responsibility will be appropriate. See U.S.S.G. § 3El.I(a) and
Application Note 3.
b. The United States Attorney agrees that the defendant's
agreement herein to enter into a guilty plea constitutes notice of intent to plead
guilty in a timely manner, so as to permit the government to avoid preparing for
trial as to the defendant. Accordingly, the United States Attorney anticipates
moving in the Government's Sentencing Statement for a one-level reduction in
sentencing offense level pursuant to Guideline § 3E I. I (b)(2), if the defendant is
24
otherwise eligible. The defendant understands that notwithstanding its present
intentions, and still within the Agreement, the prosecution reserves the rights (I) to
argue to the contrary in the event of receipt of new information relating to those
issues, and (2) to call and examine witnesses on those issues in the event that either
the United States Probation Office finds to the contrary of the prosecution's
intentions or the Court requests that evidence be presented on those issues.
11. The parties agree that notwithstanding the parties' Agreement herein,
the Court is not bound by any stipulation entered into by the parties but may, with
the aid of the presentence report, determine the facts relevant to sentencing. The
parties understand that the Court's rejection of any stipulation between the parties
does not constitute a refusal to accept this Agreement since the Court is expressly
not bound by stipulations between the parties.
12. The parties represent that as of the date of this agreement there are no
material facts in dispute.
APPEAL/COLLATERAL REVIEW
13. The defendant is aware that he has the right to appeal his conviction
and the sentence imposed. The defendant knowingly and voluntarily waives the
right to appeal, except as indicated in subparagraph "b" below, his conviction and
any sentence within the Guidelines range as determined by the Court at the time of
25
sentencing, and any lawful restitution order imposed, or the manner in which the
sentence or restitution order was determined, on any ground whatsoever, in
exchange for the concessions made by the prosecution in this Agreement. The
defendant understands that this waiver includes the right to assert any and all
legally waivable claims.
a. The defendant also waives the right to challenge his conviction
or sentence or the manner in which it was determined in any collateral attack,
including, but not limited to, a motion brought under Title 28, United States Code,
Section 2255, except that the defendant may make such a challenge (1) as
indicated in subparagraph "b" below, or (2) based on a claim of ineffective
assistance of counsel.
b. If the Court imposes a sentence greater than specified in the
guideline range determined by the Court to be applicable to the defendant, the
defendant retains the right to appeal the portion of his sentence greater than
specified in that guideline range and the manner in which that portion was
determined and to challenge that portion of his sentence in a collateral attack.
c. The prosecution retains its right to appeal the sentence and the
manner in which it was determined on any of the grounds stated in Title 18, United
States Code, Section 3742(b).
26
FINANCIAL DISCLOSURE
14. In connection with the collection of restitution or other financial
obligations, including forfeiture as set forth below, that may be imposed upon him,
the defendant agrees as follows:
a. The defendant agrees to fully disclose all assets in which he has
any interest or over which he exercises control, directly or indirectly, including any
assets held by a spouse, nominee, or third party. The defendant understands that
the United States Probation Office (USPO) will conduct a presentence
investigation that will require the defendant to complete a comprehensive financial
statement. To avoid the requirement of the defendant completing financial
statements for both the USPO and the government, the defendant agrees to
truthfully complete a financial statement provided to the defendant by the United
States Attorney's Office. The defendant agrees to complete the disclosure
statement and provide it to the USPO within the time frame required by the United
States Probation officer assigned to the defendant's case. The defendant
understands that the USPO will in tum provide a copy of the completed financial
statement to the United States Attorney's Office. The defendant agrees to provide
written updates to both the USPO and the United States Attorney' s Office
regarding any material changes in circumstances, which occur prior to sentencing,
27
within seven days of the event giving rise to the changed circumstances. The
defendant's failure to timely and accurately complete and sign the financial
statement, and any written update thereto, may, in addition to any other penalty or
remedy, constitute the defendant's failure to accept responsibility under U.S.S.G §
3El.1.
b. The defendant expressly authorizes the United States
Attorney's Office to obtain his credit report. The defendant agrees to provide
waivers, consents, or releases requested by the United States Attorney's Office to
access records to verify the financial information, such releases to be valid for a
period extending 90 days after the date of sentencing. The defendant also
authorizes the United States Attorney's Office to inspect and copy all financial
documents and information held by the USPO.
c. Prior to sentencing, the defendant agrees to notify the Financial
Litigation Program of the United States Attorney's Office before making any
transfer of an interest in property with a value exceeding $1,000 owned directly or
indirectly, individually or jointly, by the defendant, including any interest held or
owned under any name, including trusts, partnershlps, and corporations.
28
FORFEITURE
15. As part of his acceptance of responsibility and pursuant to Title 18,
United States Code, Section 981 (a)(l )(C) and Title 28, United States Code, Section
2461, the defendant agrees as follows:
a. The defendant consents to the entry of a money judgment in the
amount of $15,305, reflecting the amount of the proceeds of the offense charged in
the Information (the "Forfeiture Money Judgment").
b. The defendant knowingly and voluntarily waives and agrees to
waive any and all constitutional, statutory, and other challenges to the forfeiture on
any and all grounds, including that the forfeiture constitutes an excessive fine or
punishment under the Eighth Amendment. The defendant waives all
constitutional, legal, and equitable defenses to the entry of and collection of the
Forfeiture Money Judgment. The defendant knowingly and voluntarily waives
any right to a jury trial on the forfeiture of property.
c. The defendant agrees to consent promptly upon request to the
entry of any orders deemed necessary by the government or the Court to complete
the forfeiture and disposition of the property. The defendant waives the
requirements of Rules 32.2 and 43(a) of the Federal Rules of Criminal Procedure
regarding notice of forfeiture in the charging instrument, announcement of
29
forfeiture at sentencing, and incorporation of the forfeiture in the judgment. The
defendant acknowledges that he understands that the forfeiture of the property, if
the government elects to conduct the forfeiture criminally, will be part of the
sentence imposed upon the defendant in this case and waives any failure by the
Court to advise the defendant of this, pursuant to Rule 11 (b )( 1)(J) of the Federal
Rules of Criminal Procedure, during the change of plea hearing. Pursuant to Rule
32.2(b)(4) of the Federal Rules of Criminal Procedure, the defendant consents to
the Forfeiture Money Judgment becoming final as to the defendant when entered.
d. The defendant understands that the forfeiture of the forfeitable
property does not constitute and will not be treated as satisfaction, in whole or in
part, of any fine, restitution, reimbursement of cost of imprisonment, or any other
monetary penalty this Court may impose upon the defendant in addition to the
forfeiture.
e. The defendant represents and agrees that, within the meaning of
21 U.S.C. § 853(p), the Forfeiture Money Judgment amount represents property
subject to forfeiture that, as a result of any act or omission of the defendant,
(A) cannot be located upon the exercise of due diligence;
(B) has been transferred or sold to, or deposited with, a third

party;
(C) has been placed beyond the jurisdiction of the court;
30
(D) has been substantially diminished in value; or
(E) has been commingled with other property which cannot be

divided without difficulty.
f. Payment of the Forfeiture Money Judgment shall be made by
postal money order, bank check, or certified check payable to the United States
Marshals Service.
·, 5 ~e-.:ievtu.J
J
On or before the date he ooters his plea of guilt,.. pttrsmmt-.:to
'tf.l:is agreements the defendant shall cause said check to be hand-delivered to the
Asset Forfeiture Unit, United States Attorney's Office, District of Hawaii, PJKK
Federal Building, 300 Ala Moana Boulevard, Room 6-100, Honolulu, Hawaii
96850, with the criminal docket number noted on the face of the check.
g. If the Forfeiture Money Judgment is not paid on or before the

.t 6 ~~~~16Ul1
date the defendant ©-nters 1s plea of gui~ursuant to this agreement, interest shall
accrue at the judgment rate of interest (as defined by 28 U.S.C. § 1961) on any
unpaid portion thereof at the judgment rate of interest from that date.
Furthermore, if the defendant fails to pay any portion of the Forfeiture Money
"\
Judgment on or before the date of his gtlilty plea,'ihe defendant consents to the
forfeiture of any other property alleged to be subject to forfeiture in the
Information, including substitute assets, in full or partial satisfaction of the money
judgment, and remains responsible for the payment of any deficiency until the
Forfeiture Money Judgment, including any accrued interest, is paid in full.
31
IMPOSITION OF SENTENCE
16. The defendant understands that the District Court in imposing
sentence will consider the provisions of the Sentencing Guidelines. The
defendant agrees that there is no promise or guarantee of the applicability or non-
applicability of any Guideline or any portion thereof, notwithstanding any
representations or predictions from any source.
17. The defendant understands that this Agreement will not be accepted or
rejected by the Court until there has been an opportunity by the Court to consider a
presentence report, unless the Court decides that a presentence report is
unnecessary. The defendant understands that the Court will not accept an
agreement unless the Court determines that the remaining charge adequately
reflects the seriousness of the actual offense behavior and accepting the Agreement
will not undermine the statutory purposes of sentencing.
WAIVER OF TRIAL RIGHTS
18. The defendant understands that by pleading guilty he surrenders
certain rights, including the following:
a. If the defendant persisted in a plea of not guilty to the charges
against him, then he would have the right to a public and speedy trial. The trial
could be either a jury trial or a trial by a judge sitting without a jury. The
32
defendant has a right to a jury trial. However, in order that the trial be conducted
by the judge sitting without a jury, the defendant, the prosecution, and the judge all
must agree that the trial be conducted by the judge without a jury.
b. If the trial is a jury trial, the jury would be composed of twelve
laypersons selected at random. The defendant and his attorney would have a say
in who the jurors would be by removing prospective jurors for cause where actual
bias or other disqualification is shown, or without cause by exercising peremptory
challenges. The jury would have to agree unanimously before it could return a
verdict of either guilty or not guilty. The jury would be instructed that the
defendant is presumed innocent, and that it could not convict him unless, after
hearing all the evidence, it was persuaded of his guilt beyond a reasonable doubt.
c. If the trial is held by a judge without a jury, the judge would
find the facts and determine, after hearing all the evidence, whether or not he or
she was persuaded of the defendant's guilt beyond a reasonable doubt.
d. At a trial, whether by a jury or a judge, the prosecution would
be required to present its witnesses and other evidence against the defendant. The
defendant would be able to confront those prosecution witnesses and his attorney
would be able to cross-examine them. In turn, the defendant could present
witnesses and other evidence on his own behalf. If the witnesses for the
33
defendant would not appear voluntarily, the defendant could require their
attendance through the subpoena power of the Court.
e. At a trial, the defendant would have a privilege against
self-incrimination so that he could decline to testify, and no inference of guilt
could be drawn from his refusal to testify.
19. The defendant understands that by pleading guilty, he is waiving all of
the rights set forth in the preceding paragraph. The defendant's attorney has
explained those rights to him, and the consequences of the waiver of those rights.
USE OF PLEA STATEMENTS
20. If, after signing this Agreement, the defendant decides not to plead
guilty as provided herein, or if the defendant pleads guilty but subsequently makes
a motion before the Court to withdraw his guilty plea and the Court grants that
motion, the defendant agrees that any admission of guilt that he makes by signing
this Agreement or that he makes while pleading guilty as set forth in this
Agreement may be used against him in a subsequent trial or other proceeding if the
34
defendant later proceeds to trial. In particular, by signing this agreement, the
defendant agrees that all of the statements in paragraphs 8.a. through 8.00. above
are accurate and truthful, and by signing this agreement, the defendant accepts that
those factual stipulations are truthful admissions that may be used against him in a
subsequent trial or other proceeding. By signing this agreement, the defendant
voluntarily, knowingly, and intelligently waives any protection afforded by Rule
1 l(f) of the Federal Rules of Criminal Procedure and Rule 410 of the Federal
Rules of Evidence regarding the use of statements made in this Agreement,
including the statements in paragraphs 8.a. through 8.00 .. above, or during the
course of pleading guilty when the guilty plea is later withdrawn. The only
exception to this paragraph is where the defendant fully complies with this
Agreement but the Court nonetheless rejects it. Under those circumstances, the
United States may not use those statements of the defendant for any purpose.
21. The defendant understands that the prosecution will apprise the Court
and the United States Probation Office of the nature, scope and extent of the
defendant's conduct regarding the charges against him, related matters, and any
matters in aggravation or mitigation relevant to the issues involved in sentencing.
35
COOPERATION
22. The defendant agrees that he will fully cooperate with the United
States.
a. The defendant agrees to testify truthfully at any and all trials,
hearings, or any other proceedings at which the prosecution requests him to testify,
including, but not limited to, any grand jury proceedings, trial proceedings
involving co-defendants and others charged later in the investigation, sentencing
hearings, and related civil proceedings.
b. The defendant agrees to be available to speak with law
enforcement officials and representatives of the United States Attorney's Office at
any time and to give truthful and complete answers at such meetings, but he
understands he may have his counsel present at those conversations, ifhe so
desires.
c. The defendant agrees he will not assert any privilege to refuse
to testify at any grand jury, trial, or other proceeding, involving or related to the
crimes charged in this Information or any subsequent charges related to this
investigation, at which the prosecution requests him to testify.
d. The defendant agrees that his sentencing date may be delayed
based on the government's need for the defendant's continued cooperation, and
36
agrees not to object to any continuances of the defendant's sentencing date sought
by the United States.
e. Pursuant to Section 1Bl.8(a) of the Sentencing Guidelines, the
prosecution agrees that self-incriminating information provided pursuant to this
Agreement to cooperate will not be used in determining the applicable guideline
range, except as may be provided in this Agreement and under Section lB 1.8(b) of
the Sentencing Guidelines.
23. In the event that the defendant does not breach any of the terms of this
Agreement but the Court nonetheless refuses to accept the Agreement after the
defendant has made statements to law enforcement authorities or representatives of
the United States Attorney's Office pursuant to this Agreement, the prosecution
agrees not to use said statements in its case-in-chief in the trial of the defendant in
this matter. The defendant understands that this does not bar the use of
information and evidence derived from said statements or prohibit the use of the
statements by the prosecution in cross-examination or rebuttal.
24. Pursuant to Guidelines§ 5Kl.l and Rule 35(b) of the Federal Rules of
Criminal Procedure, the prosecution may move the Court to depart from the
Guidelines on the ground that the defendant has provided substantial assistance to
authorities in the investigation or prosecution of another person who has
37
committed an offense. Pursuant to Title 18, United States Code, Section 3553(e),
the prosecution may also move the Court to impose a sentence below the level
established by statute as a minimum sentence for charge in Count 1 on the ground
that the defendant has provided substantial assistance in the investigation or
prosecution of another person who has committed an offense. The defendant
understands that:
a. The decision as to whether to make such a request or motion is
entirely up to the prosecution.
b. This Agreement does not require the prosecution to make such
a request or motion.
c. This Agreement confers neither any right upon the defendant to
have the prosecution make such a request or motion, nor any remedy to the
defendant in the event the prosecution fails to make such a request or motion.
d. Even in the event the prosecution makes such a request or
motion, the Court may refuse to depart from the Guidelines or to impose a sentence
below the minimum level established by statute.
25. The defendant and his attorney acknowledge that, apart from any
written proffer agreements, if applicable, no threats, promises, agreements or
conditions have been entered into by the parties other than those set forth in this
38
. .. - ·--·--- ., ________
Agreement, to induce the defendant to plead guilty. Apart from any written
proffer agreements, ifapplicab]e, thls Agreement supersedes all prior promises,
agreements or conditions. between the parties.
26. To become effective, this Agreement must be signed by all signatories
listed below.
27, Should the Court refuse to accept this Agreement, it is null and-void
and neither party shall be bound thereto.
AGREED:
CLARE E. CONNORS
United States Attorney
District of Hawaii
MICHAEL NAMMAR
Chief, Criminal Division
1ii1L~ KALANI ENGLISH
Defendant
Dated: r'.J / J!-/ /,)0 ,;.~,}

- ---'----.,------ Dated: _ / ~-h-~_M_V_L--
__
~/(_}__~
I
KENNETH M. SORENSON RICHARD H.S. SING
MICAH SMITII Attorney for Defendant
MICHAELF.ALBANESE
Assistant U.S. Attorneys
Dated; -J,/f'//2,,1,. Dated: _ --2.. _/__,1~/_2.:._2-._-,--

/
39

Former Senator Kalani English - Plea Agreement

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Former Senator Kalani English - Plea Agreement

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Case 1:22-cr-00012-SOM Document 8 Filed 02/15/22 Page 1 of 39 PageID #: 56

CLARE E. CONNORS #7936

IN THE lJNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAll

UNITED STATES OF AMERICA, ) CR. NO. 22-00012 SOM

MEMORANnUM OF PLEA AGREEMENT

Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, the

1. The defendant acknowledges that he has been charged in an

Code, Sections 1343 and 1346.

with which he has been charged.

4. The defendant agrees to waive indictment and enter a voluntary plea

defendant's acceptance of bribes and other items of value known to the

government on the date of this agreement.

5. The defendant agrees that this Memorandum of Plea Agreement shall

be filed and become part of the record in this case.

6. The defendant enters this plea because he is in fact guilty of honest

voluntary and not the result of force or threats.

he is pleading guilty include:

a. A term of imprisonment ofup to 20 years and a fine ofup to

$250,000, plus a term of supervised release ofup to 3 years.

b. In addition, the Court must impose a $100 special assessment as

Clerk's Office, to be credited to said special assessments, before the

commencement of any portion of sentencing. The defendant acknowledges that

Agreement at its option.

c. Forfeiture. Pursuant to Title 18, United States Code, Section

d. Restitution. The Court must also award restitution pursuant

FACTUA L STIPULA TIONS

a detailed recitation, but merely an outline of what happened in relation to the

charge to which the defendant is pleading guilty:

a. From in or around November 2014 until in or around May

State of Hawaii legislature. While holding that position of trust, ENGLISH

services as an elected legislator and Senate Majority Leader.

b. As part of his scheme, ENGLISH accepted payments and

official capacity as a member of the Senate, legislative support that would be

beneficial to Person A's company.

c. Furthermore, despite ENGLISH's ethical and statutory

Hawaii mandatory Gift Disclosure Statement required of all legislators who

State Ethics Commission and the people of Hawaii.

ENGLISH' s Official Powers in the Senate

d. At all times relevant to the Information, ENGLISH was a

years, held a number of positions on various committees. At times relevant to

Committees on Ways and Means and Transportation.

e. ENGLISH was a member of the Cesspool Conversion Working

charged the CCWG with developing a comprehensive statewide plan for

converting cesspools to more environmentally-responsible waste treatment systems

providing an interim report of its preliminary findings and recommendations,

convening of the regular session of 2021.

f. At all times relevant to the Information, Person A was the

owner and operator of a Hawaii-based business that conducted industrial service

business regularly entered into contracts with county governments to provide

services and products in the area of wastewater management. Person A's

business was well positioned to avail itself of publicly financed cesspool

Overview ofENGLISH's Fraudulent Scheme

g. On a date within the last several years, Person A asked

company had a significant advantage in being awarded a sub-contract because it

passed, Person A gave ENGLISH several thousands of dollars for ENGLISH to

h. Beginning in or around 2019, ENGLISH and Person A began to

was supportive of the legislation, ENGLISH agreed to take official action to

joking with Individual A that "[i]t's easy to kill bills."

ENGLISH and Person A Discussed Cesspools and the CCWG

1. ENGLISH and Individual A met on or around May 8, 2019.

report in to the legislature."

J. Person A asked ENGLISH if it would be possible to get a copy