Not much of anything has been heard from Katherine Kealoha since she entered into a plea deal with federal prosecutors that avoided another trial, this time on charges of conspiracy to illegally distribute prescription drugs, burying her brother’s part in the drug conspiracy, and financial fraud.
[But it appears she’s been talking.] Let me rephrase that statement. The court record shows Kealoha had every incentive to be talking. According to the terms of the plea agreement, filed in federal court on October 22, 2019, the former supervising deputy prosecutor in the Department of the Honolulu Prosecuting Attorney is required to cooperate with prosecutors by telling “everything [she] knows about every person involved presently or in the past in obstruction of justice, fraud, narcotics distribution, as well as other violations of law.”
In addition, Kealoha agreed to testify “before any federal or state grand jury, and at any pretrial, trial or post-trial proceedings.”
If Kealoha provides “substantial assistance, and has fully complied” with the plea agreement, prosecutors will ask the court for a “downward departure” from federal sentencing guidelines, meaning less time than she would otherwise be required to serve.
But if prosecutors feel Kealoha has provided “materially false, incomplete, or misleading testimony or information,” they can throw the book at her, and prosecute any federal violations the government is aware of, “including false statements, perjury and obstruction of justice….”
I’ve included a page from an addendum to the plea agreement that spells out the requirement to provide information to investigators and testimony in any proceedings.
Click to view a larger version. A copy of the full plea agreement can be viewed here.
But there’s more (post continues below after the sentencing memo).
After posting the first part, I finally read the government’s “Sentencing Memorandum,” on March 13, 2020, in preparation for a sentencing hearing. It’s hard for me to decipher whether she actually got a break or not. I’m hard pressed to see any consideration for cooperation.
The memo walks through the sentencing guidelines, including aggravating factors considered for things like “abuse of position of trust,” and “obstructing the administration of justice.” None of these factors appear to related to whether or not she provided “substantial assistance” in the wake of her plea deal.
Bottom line, if I’m understanding this correctly, seems to be a recommendation of 144 months on several counts, running concurrently, and another 24 months tacked on to be served consecutively. That a total of 168 months (14 years). Plus supervised release on several counts, the longest term being five years. And substantial financial restitution. Ouch. The “custodial sentence,” the time to be served in prison, is only a few months shy of the maximum. That might mean that my original belief that she has probably been talking may have been incorrect.
Perhaps one or more lawyers reading this can chime in and help clarify the legalese.
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“But it appears she’s been talking.”
What has led you to that conclusion?
I like the new font.
I suspected she and her hubby former police chief are the ones who ratted out Misky and his gang…..
I think his own men, now in prison, did most of the ratting out.
What a complete plea deal, promising all or life in prison for former Princess Kat.
The charges against the termite gang are old news, taking place for many years, not new information. The real target is the uplinks to Kaneshiro, Leong, Caldwell and bigger players.
It’s been hilarious to read all the articles describe Miske as the “Godfather”…He’s only the main Lieutenant for Drugs on Oahu., easily replaced. Miske was one of many other equals and not the entire monopoly of Hawaii Organized Crime.
Much like Larry Mehau who was powerful and wealthy. He is not the top chain in the link.
The term “Godfather” being captured or removed would mean that all illegal activities have been crushed in Hawaii. Not so, it’s just another working day without skipping a beat. Not even a COVID QUARANTINE break.
Lei – all said true. More upward house cleaning would benefit the State and County’s systemic bidding to bad money. Voters have to recognize establishment candidates like “Let’s-Move-On” Caldwell who flourish in the current environment. Only we can affect change.
That’s some top shelf conspiracy theory. Miske was absolutely the kingpin, and he had ties to kealohas, Kaneshiro, and Ozawa. Not to Caldwell. He was friends with Chad Tsuneyoshi, who is married to a councilmember. But that’s a loose connection.
In the Honolulu Prosecutor debate last week on Island Insights, Megan Kau alluded that Keith Kaneshiro is currently in the process of negotiating a plea bargain with the Feds.
“If Kealoha provides “substantial assistance, and has fully complied” with the plea agreement, ……..”
Full compliance includes testimony at trial and a determination her info has been factual. That will take time. Wouldn’t they modify “downward” after she has been proven? Just my guess.
I’m told that the government can file a memo requesting a downward revision up until two weeks before the scheduled sentencing later this year. The sentencing memo on file might be seen as exerting continued pressure on Kealoha to tell all she knows.
Kaneshiro may have the answer.
Odd Miske collecting high brow art worth thousands of dollars. I can’t picture the MMA felons in the Termite Gang Enterprise sitting around talking art in between robbing drug dealers and beating people up. Wonder where the art came from .
Good investments to dry clean da kine ill gotten gains, I suspect
There is a major nexus between trafficking in art & antiquities, money laundering, and organized crime. It’s international and extremely lucrative for all involved.
DOES Hawaii have a drug problem?
The people I know and associate with don’t do drugs but there appears to be a significant demand in the islands–and it has been going on for years and shows no sign of slowing down.
Like Lei and others commented, no doubt Miske ‘s replacement has already been “tapped”.