Reader feedback takes center stage today.
One reader had these specific citations regarding potential legal issues IF the “Larry Harmon” behind the Venture Capital Association of Hawaii turns out to be fictional (see yesterday’s entry for the background on this).
Without seeing the documents and knowing all the facts, it is difficult to comment, but if there is no Larry Harmon, the following HRS violations might apply to the people knowingly preparing, signing and filing the incorporation papers.
Hawaii Business Corporation Act
HRS [§414-20] Penalty for signing false document. (a) A person commits an offense if the person signs a document the person knows is false in any material respect with intent that the document be delivered to the department director for filing.
(b) An offense under this section is a class C felony. [L 2000, c 244, pt of §1]HAWAII NONPROFIT CORPORATIONS ACT
HRS [§414D-12] Penalty for signing false document. (a) A person commits an offense by signing a document the person knows is false in any material respect with intent that the document be delivered to the department director for filing.
(b) An offense under this section is a class C felony. [L 2001, c 105, pt of §1]
OFFENSES AGAINST PROPERTY RIGHTS
HRS §708-872 Falsifying business records. (1) A person commits the offense of falsifying business records if, with intent to defraud, the person:
(a) Makes or causes a false entry in the business records of an enterprise; or
(b) Alters, erases, obliterates, deletes, removes, or destroys a true entry in the business records of an enterprise; or
(c) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed upon the person by law, other than for the information of the government, or by the nature of the person’s position; or
(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
(2) “Enterprise” means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, or social activity.
(3) “Business record” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
(4) Falsifying business records is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
OFFENSES AGAINST PUBLIC ADMINISTRATION
HRS §710-1017 Tampering with a government record. (1) A person commits the offense of tampering with a government record if:
(a) The person knowingly and falsely makes, completes, or alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or
(b) The person knowingly presents or uses a written instrument which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or
(c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or
(d) Knowing the person lacks the authority to do so:
(i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or
(ii) The person refuses to deliver up a government record in the person’s possession upon proper request of a public servant entitled to receive such record for examination or other purposes.
(2) For the purpose of this section, “government record” includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government.
(3) Tampering with government records is a misdemeanor. [L 1972, c 9, pt of §1; am L 1991, c 145, §2; gen ch 1993]
This item in from Doug White (poinography.com):
I was googling about the DADT repeal and found a piece re: Djou’s position written by Kris Coffield.
Looks familiar. Who is Kris Coffield? Why, the former Ka Leo editor and BOE candidate then known as Kris Derego. Huh. If he wasn’t so vain as to include his Joker-esque photo all over the place, I would never have made the connection.
File that away under “feeble attempt to escape infamy.” The internet never forgets.
–Doug
Finally, for Sunday, here’s a story from the Los Angeles Times that I enjoyed: “The dog show must go on.”
The only problem is that a sentence buried down mid-way through the story should have been the lede: “She wrapped her arms around Trace’s head. He looked up and drooled on her shoe.”
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I got confused, it must be the rain. I thought we were getting to the bottom of Bozo ‘s VCAH when it morphed into “don’t ask don’t tell” into another clown of a former Kaleo staffer. The joker’s to the left (Price), the clown is in the right (Price). Aloha.
“…as to include his Joker-esque photo all over the place,” aw dass kinda mean. No one can help how hey look.