Category Archives: Business

Miske landed millions in loans after he knew of fed’s criminal investigation

Mike Miske, owner of Honolulu Termite & Pest Control and several other companies, including Kamaaina Plumbing, knew he was the target of a major federal criminal investigation for nearly four years before he was taken into custody at a Kailua residence during a dramatic pre-dawn raid in mid-July 2020.

But even as the criminal investigation expanded year by year, putting pressure on Miske’s personal and business finances, he was able to get more than $3.7 million in loans from three mortgage lenders. One loan for just over $1 million was made just seven months before his arrest, and 2-1/2 years after the government served notice it was investigating murder-for-hire allegations that carry a possible death sentence.

The standard mortgage loan application form asks whether the borrower is “a party to a lawsuit in which you potentially have any personal financial liability,” but does not appear to seek information about other known situations, including expected criminal charges, that could affect a lender’s credit decision.

Whether those and other debts will ever be repaid appears to be in question. Miske, 46, and ten associates, are facing charges which include murder and kidnapping, drug dealing, extortion, armed robbery, weapons offenses, bank fraud, and racketeering conspiracy.

When Miske was arrested, the government seized his personal and business bank accounts, “all vehicles of any significant value,” and a Boston Whaler valued at more than $400,000, according to a court filing by Miske’s defense attorneys.

On the day of his arrest, the government also filed a legal notice in the Bureau of Conveyances which warns the government will seek forfeiture of three Miske-owned properties, including his mansion on the ocean in Koko Kai, if he is convicted. This notice, known as a “lis pendens,” makes it unlikely any of the properties can be sold until the criminal case is completed.

The boat has since been returned, although not in seaworthy condition. The current status of Miske’s personal and business bank accounts is unknown.

Miske was arrested and the Kamaaina Termite and Pest Control (KTPC) office shuttered on July 16, 2020.

The federal indictment, made public in July, alleges: “KTPC provided some legitimate termite and pest control services, but also served as a headquarters for the planning of criminal activities, the laundering of illicit proceeds, and the fraudulent ’employment’ of individuals whose ‘work’ consisted of engaging in acts of violence or fraud….”

The company’s required pest control operator license has since been forfeited, and Kamaaina Plumbing’s contractor license lapsed at the end of September, effectively putting both companies out of business, according to the state’s Professional and Vocational Licensing Division online database.

Knowledge of the investigation

In a document filed in federal court on August 7, 2020, Miske’s defense lawyers traced how and when Miske became aware of what they refer to as the government’s “protracted and all-encompassing” criminal investigation.

“By October 2016, financial institutions had begun terminating their relationships with Mr. Miske and his companies, refusing, for example, to allow him to continue to deposit KTPC’s revenues from bona fide termite and pest control services,” they wrote.

“Over time, several financial institutions terminated banking relationships with Mr. Miske and KTPC, without explanation,” and “the obvious inference was that the Federal Government’s criminal investigation targeting Mr. Miske was ongoing.”

As a result, in July 2017, Miske retained attorney Lynn Panagakos to represent him.

The following month, on August 10, the FBI executed a search warrant and boarded the Boston Whaler “Painkiller” at its mooring in Kewalo Basin Harbor. The search warrant alleged the boat had been used in a the murder-for-hire plot directed by Miske that prosecutors say resulted in the death of Jonathan Fraser.

“Thus, by August 10, 2017, Mr. Miske knew that: (1) he was the target of an FBI investigation into an alleged murder-for-hire which could be charged against him as a capital offense….and (2) the FBI had made an ex parte submission to a United States Magistrate Judge which resulted in a finding of probable cause against Miske,” his attorneys wrote.

At that time, Miske added attorney Thomas Otake “to lead his Federal criminal defense team.”

Then, on May 29, 2018, the FBI offered a $20,000 reward for information leading to the arrest of those responsible for Fraser’s disappearance.

“Based on the above-described search warrant, Mr. Miske was well aware that he was a person of interest whom the FBI viewed as under its jurisdiction,” his attorney’s wrote.

Finally, on January 4, 2019, “the firm which employed Mr. Miske’s long-time CPA terminated its relationship with Mr. Miske, KTPC, and all other entities associated with Mr. Miske,” according to the document filed by Miske’s legal team.

Thus, by that time at the beginning of 2019, “Mr. Miske was aware that the scope of the Government’s investigation into him also included alleged tax fraud offenses.”

The loans

In April 2010, Miske purchased an oceanfront property in Hawaii Kai for $2.35 million, financed in part by a $1,175,000 mortgage from Pacific Rim Bank. This loan was apparently made several years before the federal investigation was initiated.

On March 22, 2018, Bank of Hawaii originated another mortgage loan of $1,999,999 secured by Miske’s interest in the property. It isn’t clear from available paperwork whether this was a refinancing or a new loan for additional improvements being made on the property.

In June 2019, Miske added a $500,000 credit line from Hawaii Central Federal Credit Union, again secured by the same property, real estate records show.

City records show the property has a current total assessed value for real property tax purposes of $5,305,300.

In another transaction, Kaulana Freitas, a co-defendant in the Miske criminal case now pending in federal court, submitted the winning bid of $1.4 million in a public auction held in mid-2018 for a house on Kumukahi Place in Hawaii Kai. The foreclosure sale came only after years of litigation, and it took more than another year to obtain final court approval of the Freitas bid. After the auction, Freitas disclosed that he had bid on behalf of his designee, Mike Miske, who then took his place as purchaser of the property.

Miske financed the sale, in part, with a $1,050,000 mortgage loan from Home Point Financial Corporation that provided 75% of the purchase price. The property is current assessed for tax purposes at $1,344,400, slightly less than the purchase price.

Real estate records indicate one more loan made to Miske during the period 2016-2020, during which he was aware of the ongoing federal criminal investigation. In February 2017, Miske obtained a $212,000 line of credit from Bank of Hawaii secured by his interest in a property on Paokano Loop in Enchanted Lake.

One count in the 22-count federal criminal indictment alleges Miske prepared “materially false documents” that were used as part of a loan application submitted to Bank of Hawaii between April 21 and July 3, 2017. However, there is no indication whether these fraudulent documents were related to either of the Bank of Hawaii loans cited above, and a search of public records failed to locate another BOH loan within that period.

Hawaiian Telcom to pay $50 million for undersea cable system

I heard from former Big Island blogger, Aaron Stene, several days ago concerning the agreement under which Hawaiian Telecom will pay $50 million for the undersea cable system of Paniolo Cable in a deal overseen by the federal bankruptcy court. Stene says the sale addresses two very different problems. First, it reserves some undersea cable capacity for use by Sandwich Isles Communications, which since 1995 has been the exclusive voice and data communications provider for residents and businesses on Department of Hawaiian Home Lands statewide. And, second, it puts control of the most modern undersea cable system serving the state of Hawaii into the hands of Hawaiian Telcom, which had been hampered by its own aging cable infrastructure.

Stene has previously warned that communications services to DHHL communities was at risk since the conviction of Al Hee on federal tax charges in 2016. Hee, the brother of former state senator and OHA trustee, Clayton Hee, was the owner of Waimana Enterprises, a holding company, and the architect of the web of affiliated companies, including Sandwich Isles Communications, the sole source provider to DHHL lands and Paniolo Cable, which owned the undersea cable system itself, controlled by Waimana, Hee, and other family members,

Hee was sentenced to 46 months in federal prison for tax fraud after being convicted of diverting more than $2 million in company funds to his own lavish lifestyle.

Albert S.N. Hee, 61, of Kailua, Hawaii, was sentenced by Senior U.S. District Judge Susan Oki Mollway of the District of Hawaii to serve 46 months in prison, to be followed by one year of supervised release. Hee was also ordered to pay a fine of $10,000 and restitution to the IRS in the amount of $431,793. In July following an 11-day jury trial, Hee was convicted of one count of corruptly endeavoring to obstruct the IRS and six counts of filing false individual income tax returns for the years 2007 to 2012.

According to court documents and the evidence introduced at trial, Hee owned Waimana Enterprises Inc., a telecommunications holding company based in Honolulu. Between 2002 and 2012, Hee caused Waimana to pay more than $2 million of his personal expenses. Hee then falsely characterized these personal expenditures as business expenses on Waimana’s corporate income tax returns. Hee also filed false individual income tax returns for 2002 to 2012 on which he failed to report the expenditures as income. Hee’s lavish spending included more than $90,000 for personal massages, which he deducted on the corporate tax returns as “consulting fees,” full-time salaries and benefits for his wife and children even though they performed little to no work for the company and more than $736,900 in college tuition, housing and other expenses for his children.

From Stene’s email:

Hawaiian Telcom made a huge acquisition of Paniolo Cable & SIC’s core network assets for 50 million dollars, beating out Pacific Network
Holdings LLC.

1. This addresses Hawaiian Telcom’s aging interisland submarine fiber-optic cable issue in a big way. Hawaii Inter- Island Cable System (HICS) only has 12 fiber pairs, and Hawaii Island Fibre Network (HIFN) 24 fiber pairs. These cables were put into service in 1994 and 1997 respectively.

Paniolo, on the other hand, was put into service in 2009 and has 48 fiber pairs.

2. This purchase doesn’t address the impending Federal foreclosure of SIC’s last mile (customer facing) assets.

3. Sandwich Isles, Waimana Enterprises, and the Paniolo Cable bankruptcy trustee reached an agreement earlier this year which preserved the
indefeasible right of use to two fiber pairs out of 48 for DHHL statewide connectivity. Whoever acquires SIC’s last mile assets will have to negotiate with Hawaiian Telcom for more bandwidth capacity between the islands.

This proposed deal, which is subject to government and court approval, helps Hawaiian Telcom in a big, big, big way. However, the future
voice/data connectivity of DHHL homesteaders remains unclear at this point.

The sale to Hawaiian Telcom reserves two fiber pairs for use by Sandwich Isles Communications (or its successor) at no cost, with an option to lease additional capacity subject to future negotiations. That seems to give Sandwich Isles a path forward.

It’s a very complex situation, and I hope Aaron will jump in to fill in all the blanks I’ve left.

If there’s interest, I’ll post some of the documents from the bankruptcy case that Aaron provided.

We’re learning lots of new details about the Hu Honua proposal

I have to admit that I had not paid a lot of serious attention over the several years the Hu Honua Biofuels proposal for a wood-burning power plant on the Hamakua Coast was grinding through the legalistic and heavily regulated process before the Public Utilities Commission.

It was really only when I started investigating rumors of undue political pressure being put on the PUC and other state agencies by two state senators that I started digging into the case more seriously.

There’s obviously a lot going on that has not been seen by the public. If you’re interested, you should be tracking Henry Curtis’ Ililani Media, which is very sharply focused, as well as checking back here from time to time (better yet, sign up to get iLind.net delivered via email every time a new post appears).

It’s clear that insiders knew of the central role of Jennifer M. “Jenny” Johnson in financing Hu Honua Bioenergy, but that hasn’t really been known generally. Johnson is President and CEO of Franklin Resources Inc., the parent company of the Franklin Templeton funds. It’s a huge global publicly-traded firm controlled by the Johnson family. Jennifer Johnson’s brother, Greg, holds the positions of Executive Chairman and Chairman. Their father, billionaire Charles Johnson, is a former CEO of the company that was started as a mutual fund by his father. All in the family, I guess.

So that controversial little former plantation power plant in Pepeekeo ties right into the elites of the global financial world. Another investor was the controversial Irish businessman, Andy Ruhan (for example, see, “The ‘ruined’ Irish millionaire, his wife, a bizarre murder plot, and the battle for his secret fortune,” The Independent, Nov. 12, 2017). Ruhan apparently invested through a company registered on the Isle of Man, adding to the global spread of the Hu Honua story. Another figure who shows up is Peter Kleis, who was a manager of Grandis Ventures I, which placed at least $31 million into Hu Honua Bioenergy in 2012, and controlled the company for a couple of years until its shares were bought out by Johnson. Kleis died in a single-car crash in January 2015.

A lot of this information comes from documents filed in a lawsuit in California in which Johnson is being sued by a former personal friend and business associate in Hu Honua.

By the way, if you’re like me, you might be wondering about the two names being used to refer to the company, Hu Honua Bioenergy (the older name) and Honua Ola Bioenergy (the more recent one). Hu Honua announcted 2-1/2 years ago that it was adopting the new “Honua Ola” name, perhaps to try to jettison its history of financial woes, perhaps to reflect Johnson’s consolidation of control over the company. The name change came at about the same time Johnson ousted Harold Robinson from the company he had managed on her behalf for 5 years.

Although public records show several properties have been transferred from Hu Honua to Honua Ola, even the most recent legal filings, including the recent appeal to the Hawaii Supreme Court, have been made in the name of Hu Honua. So the name change has only been partially implemented, it seems.

Stay tuned. I’m sure there’s a lot more to come.

Who’s Hu?

There’s a lot of confusion about the company which apparently was formerly known as Hu Honua Bioenergy. It’s the company behind what has ballooned into a $500 million project, with costs that seem to be mounting by the day.

Anyway, here’s the latest confusion.

Pacific Business News reported today on the company’s emergency appeal to the Hawaii Supreme Court, which was filed yesterday.

From PBN:

Honua Ola Bioenergy submitted a filing with the Hawaii Supreme Court Wednesday, requesting the Hawaii Public Utilities Commission vacate its July 9 decision that killed the Hu Honua biomass project.

“We have done everything asked of us by the PUC, including building out the facility to completion as the PUC ordered us to do in 2017, along with training and providing careers to dozens of Big Island residents,” said Warren Lee, president of Honua Ola Bioenergy, in a statement. “We are now ready to produce renewable energy this year and make Hawaii less dependent on fossil fuels. The only thing holding us back and keeping Hawaii from moving forward are these three PUC commissioners [Chairperson James Griffin, Commissioner Jennifer Potter, and Commissioner Leodoloff Asuncion].”

Okay…but…

Here’s the header from the actual motion filed with the Supreme Court. It’s filed on behalf of Hu Honua, not Honua Ola.

And it is signed by five attorneys on behalf of, you guessed it, Hu Honua, and not Honua Ola.

So Who’s Hu and why is Honua Ola getting/taking credit? Since the company formerly known as Hu Honua has never disclosed its corporate structure, it’s hard to get clarity on who (or Hu) is doing what.