Norman Lani Akau III, who pleaded guilty in June 2021 to participating in the racketeering conspiracy controlled and directed by the late Honolulu business owner Michael J. Miske, Jr., is scheduled to appear before Judge Derrick Watson for sentencing next week.

Miske and ten co-defendants, including Akau, were named in a sealed indictment in June 2020. The indictment was unsealed and the defendants swept up in a series of raids the following month. Miske was convicted on 13 charges ranging from kidnapping and murder to obstruction of justice following a nearly six-month jury trial last year.

The racketeering conspiracy charge carries a maximum sentence of 20 years, a fine of up to $250,000, and supervised release of up to three years.

Akau, now 52, is almost the last of Miske’s co-defendants to be sentenced, with only Lance Bermudez, known as “Hammah,” still waiting to be sentenced in July.

Akau was only the second of Miske’s co-defendants to plead guilty as part of a plea deal with prosecutors. In exchange for admitting to the racketeering conspiracy, prosecutors dropped charges of drug trafficking, armed robbery, and carrying and using a firearm in a crime of violence. Eventually all twelve of Miske’s other co-defendants in the case also accepted plea deals, including his half-brother and his son’s widow.

Federal sentencing guidelines in Akau’s case call for a prison term ranging from 188 to 235 months, according to a sealed presentence report quoted by Akau’s attorney, Tucson, Arizona-based Ramiro S. Flores, who has objected to the report’s calculations. With a downward adjustment recognizing Akau’s cooperation with the government following his plea deal, the presentence report recommended a sentence of 168 months imprisonment.

In a 13-page presentence memorandum filed in Honolulu’s Federal District Court last week, Flores argued that several factors justify reducing the proposed sentence to just 60 months, nearly two-thirds below the presentence report’s recommendation.

With credit for time served, Akau would be elible for release almost immediately if his sentence was reduced to 60 months.

These factors, which are detailed in Flores’ presentence memorandum, include the “severe collateral harm” to Akau’s family “due to his importance to and role as primary caretaker….”; what Flores tries to dismiss as a relatively minor role in the criminal activities of the Miske Enterprise; Akau’s “demonstrated rehabilition” evidenced by leaving his gang life behind a year before his eventual indictment and arrest; medical issues; and the need to avoid “sentencing disparity.”

Flores says Akau is “committed to being a productive citizen,” and points to Akau’s “difficult childhood marred by childhood trauma and a disfuntional family unit….,” as well as significant health issues developed during his 4-1/2 years in detention–“Diabetes, Diabetic Neuropathy, Heart Disease, Obesity, Reflux, Joint/Back Pain, Hyperlipidemia, Asthma, and Hyperthyroidism.”

In addition, Flores argues that Akau’s participation in the Miske racketeering organization “was not intentional,” because he did not know Miske, but became part of the broader conspiracy because several of Akau’s key associates were core members of the Miske Enterprise.

“Akau was not aware at all times as to who was working for Miske as he took directions from others who worked for Miske,” according to a statement in Akau’s plea agreement. These others included Wayne Miller, a distant cousin of Akau and at one time Miske’s #1 lieutenant, along with Jacob “Jake” Smith, who was “on call” to carry out assaults when at Miske’s request.

More broadly, Flores argues Akau’s involvement in crime was the result of financial pressures facing his family, and later driven by cocaine use.

Akau also wrote a letter to Judge Watson explaining his regret and remorse, and his pledge to live a different life going forward. The letter is included below.

Your Honor I’m not a bad man or a person of bad character, I’m a person who was raised right and have good moral’s, I just made some wrong and bad decsisons in my life. I’ve learned that “there is no short-cut’s in life!” I realize that today watching from behind these wall’s my family going through their struggle’s all because I messed thing’s up for not just me, but my family too! “That really hit me deep down in my core!”

Nothing matter’s more to me today than being there for my family, staying out of trouble, and continuing to live a life of sobriety.

Attorney Flores also submitted certificates showing Adult Continuing Education Independent Learning programs Akau has completed while held at Honolulu’s Federal Detention Center, including U.S. geography, algebra, skill builders math, spelling and grammar skills, investment and stock market, and many others.

But even when viewed in the most favorable light, the attempt to justify a much-reduced 60 month prison sentence seems like significant overreach and almost certainly to be unsuccessful.

Akau’s criminal history goes back to 1994, when he was just 21-years old took part in a botched armed robbery of a Honolulu taxi driver. Akau, armed with a sawed-off 12-gauge shotgun, was with two other men who took the taxi from Kaheka Street to Kahala, where they attempted to rob the driver. Akau was holding the shotgun to the driver’s head when he tried to drive away, according to news accounts at the time. There was a struggle, and the shotgun went off, hitting the driver in the head.

Two days after the shooting, Akau confessed to his role. He was convicted on three charges, including 2nd degree attempted murder, and was sentenced to serve terms of 5, 10, and 20 years, all served concurrently. Despite the lengthy sentences, he was released from prison in 2004, and eventually discharged from parole in November 2013.

While in prison, Akau eventually joined the USO Family prison gang in order to protect Hawaii inmates against attacks by mainland inmates. During testimony in Miske’s trial, Akau explained that “USO” means “brother” in Samoan, and that he committed assaults for USO while a member. He testified that his affiliation with USO continued after his release from prison, and that he carried out additional assaults on behalf of the gang after his release.

He met his wife and was married in 2004, and the couple had two daughers. In May 2009, Akau was initiated into the local chapter of the International Alliance of Theatrical Stage Employees, and in 2013 was elected to the union local’s executive board. He served on the board until his indictement and arrest in July 2020.

Akau was serving on the union’s executive board in 2016 when he accepted an offer of $50,000 to an official of the International Longshore and Warehouse Union (ILWU) in Honolulu, who had reportedly blocked an arrangement that gave Miske direct access to jobs on the docks for his associates.

At around the same time, Akau was a founder of the Nakipi Motorcycle Club, which started in part as a Hawaiian culture club, but that soon changed.

Under questioning by Assistant U.S. Attorney Mark Inciong, Akau said Nakipi “turned into a motorcycle gang.”

Inciong then asked, “And would it be accurate to call it an outlaw motorcycle gang?”

“Yes,” Akau said.

Akau testified that he committed a number of types of crimes for Nakipi, including assaults, stabbing, and shootings. The group also carried out several armed robberies of other drug dealers.

Akau is scheduled to appear in Judge Watson’s court for sentencing at 9 a.m. on Tuesday, May 6.

See:

“Attorney discloses plea deal by second Miske co-defendant,” iLind.net, May 25, 2021

“Judge rules Norman Akau, Miske co-defendant, to remain behind bars,” iLind.net, June 4, 2021

“A Surprise Revelation In The Miske Case: A Plot To Kill A Union Official,” Civil Beat, June 13, 2021

“Miske Case Rocks Stagehand Union After Executive Board Member’s Guilty Plea,” Civil Beat, July 13, 2021

“Miske case snags film industry union through board member’s guilty plea,” iLind.net, July 13, 2021

“Sealing of plea agreement in Miske case challenged,” iLind.net, September 24, 2021

Letter from Norman Akau to Federal Judge Derrick Watson by Ian Lind on Scribd