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CLARE E . CONNORS #7936

United States Attorney
District of Hawaii

MICHAEL NAMMAR
MARK INCIONG CA BAR#l63443
W. KEAUPUNI AKLNA # I 1565
Assistant United States Attorneys
Room 6-100, PJKK Federal Building
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Fax: (808) 541-2958
E-Mail: [email protected]
l'[email protected]
KeAu pun i..Akina@usdoj .gov

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

UNITED STATES OF AMEIUCA, ) CR. NO.

)
Plaintiff, ) MEMORANDUM OF PLEA
) AGREEMENT
vs. )
) DATE:
JOHN B. STANCIL, ) TIME
) JUDGE:
Defendant. )
_ __ _ _ _ __ _ )

MEMORANDUM 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
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the District of Hawaii, and the defendant, JOHN B. STANCIL, and his attorneys,

Walter J. Rodby, Esq. and Caroline Elliot, Esq., have agreed upon the following:

THE CHARGES

I. The defendant acknowledges that h e has been cha[ged in an

Information with violating Title 18, United States Code, Section l 962( d)

(racketeering conspiracy). The defendant also acknowledges that in United States

v. }.1iske et al., Cr. No. 19-00099 DKW, he has been charged in the T hird

Superseding Indictment with: (J) in Count 1, violating T itle 18, United States

Code, Section 1962(d) (racketeering conspiracy), (2) in Count 7, violating Title 18,

United States Code, Section 1958 (murder-for-hire conspiracy), (3) in Count 8,

violating Title I 8, United States Code, Sections i 959(a)(3) and 1959(a)(5) (assault

and attempted murder in aid of racketeering), (4), in Counts 9, 17, and 19, viol ating

Title 18, United Sates Code, Section 924(c)(l)(A) (carrying and using a firearm

during and in relation to a crime of violence/drug trafficking crime), (5) in Count

10, violating, Title 18, United States Code, Section l959(a)(6)(conspiracy to

commit assault in aid of racketeering), (5) in Count 12, violating Titl e 18, United

States Code, Section 229(a)(2) (conspiracy to use a chemical weapons), (6) in

Counts 13 and 14, violating Title 18, United States Code, Sections 229(a)(I ),

229(a)(2), and 229A(a)(l ) (use of a chemical weapon), (7) in Count 16, violating

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Title 18, United States Code, Section 846 (drug trafficking conspiracy), and (8) in

Count 18, violating Title 18, United States Code, Section 1951 (Hobbs Act

robbery).

2. The defendant has read the charges against him contair1ed in the

lnformation as well as the Third Superseding Indictment, and those charges have

been fully explained to him by his attorney.

3. The defendant fully understands the nature and elements of the crimes

with which he has been charged.

THE AGREEMENT

4. The defendant agrees to waive i11dictrnent and enter a voluntary plea

of guilty to the Information, whioh charges him with conspiring to violate the

racketeering laws of the United States, namely, Title 18, United States Code,

Section 1962(c) (Count 1). 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, the government agrees to move to dismiss

Counts 1, 7, 8, 9, 10, 12, 13, 14, 16, l7, l8, and 19oftheThirdSuperseding

Indictment in Cr. No. 19-00099 DKW as to the defendant after sentencing. The

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government and the defendant also agree to be bound by the stjpulations set forth

in paragraph 10 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

conspiring to violate the racketeering laws of the United States, namely, Title 18,

United States Code, Section 1962(c) as charged in the lnformation, 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 of up to 20 years and a fine of up to

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

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

to each count to which th e defendant is pleading guilty. The defendant agrees to

pay $ J 00 for each count to which he is pleading guilty to the District Comt's

Clerk>s Office, to be credited to said special assessment, before the commencement

of any po1tion of sentencing. The defendant acknowledges that failure to make

such full advance payment in a form and manner acceptable to the prosecution will

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allow, though noti-equire, the prosecution to withdraw from this Agreement at its

option.

c. 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 commission of the offense charged in Count 1 of the

Information. The defendant understands that the Court will determine the

amounts of restitution to be ordered, as well as t he persons and entities entitled to

such restitution, with the assistance of the United States Probation Office. The

defendant agrees to pay restitution for all losses caused by the defendant's conduct,

regardless of whether the counts ot the Information associated with such losses
will be dismissed as part of this Agreement.

FACTUAL STIPULATIONS

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 gui lty:

a. From a precise date 'Unknown, but by at least in or about 2012,

and continuing to at least in or about June 2020, JOI-IN B. STANCIL, the

defendant, and others known and unknown, were members and associates of the

'tMiske Enterpd se.,, Members and associates of the JVIiske E nterprise operated

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principally under the direction and protection of Michael J. Miske, Jr., who used

his power over members and associates of the Miske Enterprise, his reputation for

violence in the community, and the various corporate entities under his control to

enrich the members and associates of the Miske Enterprise and to embolden their

criminal activities.

b. The Miske Enterprise, including its leadership, membership,

and associates, constituted an "enterprise" as that term is defined in Title 18,

United States Code, Section 1961 (4)> that is, a group of individuals and entities

associated in fact. The Miske Enterprise was engaged in, and its activities

affected, interstate and foreign commerce. The Miske Enterprise operated within

the District of Hawaii and elsewhere and constituted an ongoing organization

whose members and associates functioned as a continuing unit for a common

purpose of achieving the objectives of the Miske Enterprise.

c. Beginning at least in or about 201 2, STANCIL and others

known and unknown, being persons employed by and associated with the Miske

Enterprise, willfully and knowingly combined, conspired, confederated, and agreed

to together and with each other to violate the racketeering laws of the United

States, namely, Title 18, United States Code, Section l962(c), that is, to conduct

and participate, directly and indirectly, in the conduct of the affairs of the Miske

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Enterprise through a pattern of racketeering activity, as that term is defined in Title

18, United States Code, Sections 1961(1) and 1961(5).

d. The racketeering activity to which STANCIL and others agreed

included, among other things: (a) acts relating to chemical weapons, in violation of

18 U.S.C. § 229 and (b) acts relating to murder-for-hire, in violation of 18 U.S.C. §

1958. In addition, STANCIL assisted with multiple assaults on beha!f of Miske

and the Miske Enterprise.

e. Acts Relating to Chemical Weapons. On consecutive nights

in March 2017, STANCIL and other members and associates of the Miske

Enterprise participated in chemical weapon attacks on two nightclubs located in .

Honolulu, in the District of Hawaii. Both attacks were carried out on Miske's

orders. For each attack, co-conspirator Jacob L.L. Smith (Smith) served as the

driver. In advance of one attack, Smith drove to the house of STANCIL, who

provided Smith with a toxic chemical called chloropicrin, which is capable of

causing death, temporary incapacitation, or permanent hann to humans.

STANCIL provided Smith with a quantity of chloropicrin capable of causing harm

to many people. STANCIL then gave Smith advice on how best to release the

chloropicrin in the nightclub. STANCIL knew how to do so because he himself

had previously dispersed ch1oropicrin in a crowded Waikiki nightclub in 2015 at

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Miske's direction. After obtaining the chloropicrin from STANCIL, Smith gave it

. to Ashlin Akau who later entered the targeted nightclub and released the

chloropicrin. The release of the chloropicrin resulted in nightclub patrons

scrambling for the exits as they experienced burning in their eyes and difficulty

breathing.

f. Acts Involving Murder for Hire. In or around 2016,

STANCIL joined a murder-for-hire conspiracy in which Victim # I was the target.

The conspiracy involved, among others, Miske, Lance Bermudez (Bermudez), Dae

Han Moon (Moon), and Smith. Miske put the murder contract on Victim # l

because Miske believed Victim #1 had cooperated with law enforcement and

provided information about Miske's criminal activities. Miske asked to meet with

Smith and Bermudez at the Kamehameha Shopping Center in the Kalihi area of

Oahu. During the meeting, Miske expressed his interest in having Victim # 1

killed for $60,000. Bermudez agreed to take the job and thereafter met with

STANCIL in Waimanalo. During the meeting in Waimanalo, STANCIL showed

Bermudez where Victim # 1 lived. STANCIL knew he was showing Bermudez

where Victim #1 lived so Bermudez could kill Victim # 1, as directed by Miske.

g. Be1mudez then enlisted Moon to assist in the murder and, on

multiple occasions, Bermudez and Moon traveled to Waimanalo and laid in wait

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outside Victim # 1's home in the early morning hours waiting for Victim # I to

come outside. Bermudez and Moon were armed with firearms and were prepared

to shoot and kill Victim # 1 once he left the residence. However, Victim # 1 never

came outside while they were present. Bermudez was eventually called off by

Miske and thereafter Bermudez and Moon made no further attempts to commit the

murder. Victim # 1 was not killed as result of the co-conspirators efforts.

h. Assaults. STANCIL introduced another co-conspirator,

Smith, to Miske so that Smith could be on call and available to commit non-fatal

acts of violence whenever Miske called upon Smith to do so. For multiple

assaults directed by Miske, STANCIL served as the driver. For example, in

January 2016, STANCIL drove Smith to assault Victim #2, an elderly used car

dealer who was bidding against Miske at car auctions. After Smith assaulted

Victim #2, STANCIL served as the getaway driver. STANCIL, himself,

participated in an assault of Victim #3, a used car dealer who was also bidding

against Miske at a car auction. This a5sault took place in the Wendy' s parking lot

near the Honolulu airport in October 2015. STANCIL and another co-conspirator,

Kaulana Freitas, punched Victim #3 multiple times after being given the signal to

do so by Miske.

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9. Pursuant to CdmLR 32. l(a) of the Local Rules of the United States

District Court for the District of Hawaii; the parties agree that the charges to which

the defendant is pleading guilty adequately reflect the seriousness of the actual

offense behavior and that accepting this Agreement will not undermine the

statutory purposes of sentencing.

S.ENTENCING STIPULATIONS

10. Pursuant to CrimLR 32.1 (a) 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. The parties agree that they will jointly request that the

sentencing hearing for the defendant occur after the trial concludes in United States

v. J'vfichael J Miske, Cr. No. 19-0099. The parties understand that the Coutt may

not accommodate th is request.

b. 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. lf

all of these events occur, and the defendant 's acceptance of respons ibility

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continues through the date ofsentencing, a downward adjustment of 2 levels for

acceptance of responsibility will be appropriate. See U.S.S.G. § 3E 1.1 (a) and

Application Note 3.

11. The parties agree that notwithstanding the parties' Agreement herefo ,

the Couit is not bound by any stipulation entered into by the parties but may, with

the aid of tbe presentence report, determine the facts relevant to sentencing. The

parties understand that the Comt'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 convictions

and the sentence imposed. The defendant knowingly and voluntarily waives the

right to appea l, except as indicated in subparagraph " bn below, his convictions and

any sentence within the Gu idelines range as determined by the Court at the time of

sentencing, and any lawful restitution o rder imposed, or the manner in which the

sentence or restitution order was deteri'n in ed, on any ground whatsoever, in

exchange for the concess ions made by the prosecution in this Agreement. The

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defendant understands that this waiver includes the right to assert any and al1

legally waivable claims.

a. The defendant also waives the right to challenge his convictions

or sentence or the manner in which it was determined in any collateral a11ack,

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 ( l) 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 po1tion 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).

FINANCIAL DISCLOSURE

14. In connection with the collection of restitution or other financial

obligations that may be imposed upon him, the defendant agrees as follows:

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a. The defendant agrees to fully disclose all assets in which he has

any interest or over whicb he exercises control, directly or indirectly, including any

assets held by a spouse, nomfoee, 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

s'tatement. 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 defendanCs case. The defendant

understands that the USPO will in turn provide a copy of the completed finandal

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,

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

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remedy, constitute the defendant's failure to accept responsibility under U.S.S.G §

3El .l.

b. The defend ant 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 finan cial 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 finan cial

documents and information held by the USPO.

c. Prior to sentencing, the defendant agrees to notify the Financial

Litigation Unit of the U.S. 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 defendan t, including any interest held or owned

under any name, including trusts, partnerships, and corporations.

IMPOSITION OF SENTENCE

15. The defendant understands that the District Court in imposing

sentence wi ll consider the provisions of the Sentencing Guidelines. The defendant

agrees that there is no promise or guarantee of the applicability or non-applicability

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of any Guideline or any portion thereof, notwithstanding any representations or

predictions from any source.

16. 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 Comi 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

17. 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

defendant has a right to a jury trial. However, in order thal 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.

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b. If tbe 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. rn tum, the defendant could present

witnesses and other evidence on his own behalf: If the witnesses for the defendant

would not appear voluntarily, the defendant could require their attendance through

the subpoena power of the Court.

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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.

18. The defendant understands that by pleading guilty, he is waiving all of

the rights set fmih in the preceding paragraph. The defendant's attorney has

explained those Tights to him, and the consequences of the waiver of those ri ghts.

USE OF PLEA STATEMENTS

J9. 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 be 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 if the defendant later

proceeds to trial. The defendant voluntarily, knowingly, and intelligently waives

any protection afforded by Rule I J(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 or during the course of pleading guilty when the guilty

plea is later withdrawn. The only exception to th.is paragraph is where the

defendant fully complies with this Agreement but the Court nonetheless rejects it.

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Under those circumstances, the United States may not use those statements of the

defendant for any purpose.

20. 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 a ny

matters in aggravation or mitigation relevant to the iss ues involved in sentencing.

21. To become effective, this Agreement must be signed by all s ignatories

listed below.

II

II

II

II

II

II

II

II

II

II

II

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22. Should the Court refuse to accept this Agreement, it is null and void

and neither party shall be bound thereto.

AGREED:

Dated: 1/20/2024
- -- ----
TH M. SORENSON
Chief>Criminal Division

Dated: _ _/ /_ )O
~/_J_tf_
MICHAEL NAMMAR
MARK A. INCIONG
W. KEAUPUNI A.KINA
Assistant U.S. Attorneys

Dated:

Defendant

I /.
Dated; _ _ _ _z_o_/._z_4__
WALTERRODBY
CAROLINE ELLIOT
Attomeys for Defendant

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