Category Archives: Hawaiian issues

Another friend gone: Haunani-Kay Trask (1949-2021)

Hawaii lost another powerful voice yesterday with the passing of Haunani-Kay Trask.

I met Haunani sometime around 1976 or 1977, not long after she returned to Hawaii. She was finishing a dissertation at the University of Wisconsin-Madison, and had stopped in at the small downtown office of the Hawaiian Coalition of Native Claims, the predecessor of the Native Hawaiian Legal Corporation, where I had come by to see its director, Gail Kawaipuna Prejean. We all spent the next several years heavily involved in efforts to stop the Navy’s bombing of the Hawaiian island of Kahoolawe.

When I told my mother of meeting Haunani, she put our meeting in context.

We weren’t related, although sometimes it felt we must have been. My mom, Helen Yonge, and one of Haunani’s aunts, Nina Cooper, were in the same Class of 1931 as boarding students at Kamehameha School for Girls. A small item in the Honolulu Advertiser announcing the graduation of the Kamehameha Class of 1931 reported Cooper was valedictorian, while my mom was senior class president.

They then went through the University of Hawaii together, and were both on the first UH women’s swim team in 1933, when they won the 200 yard relay in the AAU Hawaiian Championship.

lft to right: B. Nicoll, Helen Yonge, G. Cooper, Libana Furtado, and J. Bains-Jordan. “In the AAU Swimming Meet, held this year at the Punahou swimming tank, the women’s relay swimming team…won the 200 yard relay Hawiian Championship race. They received their letters in sthe sport for this win.

Cooper later married Leo Lycurgus, son of “Uncle” George Lycurgus of Volcano House fame. Nina and Leo operated the Hilo Hotel for many years, and it was a regular stop for our family when we traveled to the Big Island back in my small kid days. When my mom died in 2013, I found correspondence she and Nina had exchanged over much of their long lives.

My mother’s Hawaiian ancestors lived in the Hana area, as did Haunani’s maternal family. When Meda and I were first married and returned to Hawaii to enter graduate school, my mother took us on a tour of Maui and Hawaii Island. On Maui, we visited Hana, and made a special visit to the home of another of Haunani’s aunts who, as I recall, lived in the family home with one of her brothers. My main recollection of that visit a half century ago was the sense of awe at the incredible collection of Hawaiiana on display in cabinets around the living room.

So while we weren’t related, we were surrounded by these family ties. Later, when we lived in Kaaawa, Haunani was living in Heeia. Many mornings, we would stop and pick her up, since she and Meda were both heading to the university.

That’s all to say that, at different times and different ways, our lives intersected. I have to admit we clashed at times over silly things. One I can remember vividly was where to have dinner to properly celebrate Meda’s birthday. She thought a “nice” restaurant would be the place, whereas I’m congenitally cheap and literally had trouble imagining spending that much for a single meal. It was, like other similar occasions, a disagreement among friends. That much is for sure.

The oldest trace of Haunani in my records was her article on statewide hearings regarding Kahoolawe, which appeared in Vol. 1, Number 1 of the Aloha Aina Newsletter dated June 1978 (you’ll find it beginning on page 3).

I also found this video excerpt from one of the First Friday public access cable programs she did with David Stannard and her sister, Mililani, this one on the occasion of the publication of her book of essays, “From a Native Daughter.” It can be viewd on the website of ‘Ulu’ulu, The Henry Giugni Moving Image Archive of Hawaii.

Another online source of free reading

This isn’t new news, but it was new to me and, I’m sure, many of you.

The University of Hawaii Press has released at least 90 of its “classic” books as online “open access” titles, meaning that they are available online to download or read for free.

One that immediately caught my eye is “Broken Trust,” the must-read account of the 1990s scandal involving the trustees of the Bishop Estate, now known as Kamehameha Schools, which ended with the removal of all five trustees. The book’s availability in open access format was announced back in October 2017. It’s the kind of book that offers a way to learn not only about that political scandal, but about Hawaii’s political culture more generally.

From the University of Hawaii Press announcement:

As part of our ongoing open-access initiatives, University of Hawai‘i Press has released one of our best-selling titles in this free, online format. With the encouragement of the book’s coauthor, recently retired UH M?noa law professor Randall Roth, and with the support of Kamehameha Schools, the open access (OA) edition of Broken Trust: Greed, Mismanagement & Political Manipulation at America’s Largest Charitable Trust is now freely available to download or read on multiple platforms, including ScholarSpace, University of Hawai‘i’s open-access, digital institutional repository; Amazon KindleApple iBooks; and Google Books.  The files can be downloaded and/or viewed at these links:

ScholarSpace:
https://scholarspace.manoa.hawaii.edu/handle/10125/48548

Amazon Kindle:
http://a.co/0tFjGaH

Apple iBooks:
https://itunes.apple.com/us/book/broken-trust/id1289450562?mt=11

Google Books:
https://books.google.com/books?id=z6Y2DwAAQBAJ

The  OA edition has an added introduction with remarks by Professor Roth and the current Kamehameha Schools trustees, and includes Roth’s eulogy for coauthor Samuel P. King, the late federal judge who passed away in December 2010. In their statement, the Kamehameha Schools trustees share their support for the project as a way “to recognize and honor the dedication and courage of the people involved in our l?hui during that period of time and to acknowledge this significant period in our history.” They also emphasize the importance of making this resource “openly available to students, today and in the future, so that the lessons learned might continue to make us healthier as an organization and as a community.”

You can browse the list of UH Press open access books here.

Another book among the open access titles is my mother’s updated and expanded edition of Bernice Judd’s classic, “Voyages to Hawai?i Before 1860: A Record, Based on Historical Narratives in the Libraries of the Hawaiian Mission Children’s Society and The Hawaiian Historical Society, Extended to March 1860.”

Here are a few others I noted in a quick scan of the titles that might be of interest to those interested in Hawaii history and politics.

The Fantastic Life of Walter Murray Gibson: Hawaii’s Minister of Everything

Paths of Duty: American Missionary Wives in Nineteenth-Century Hawaii

Out of this Struggle: The Filipinos in Hawaii

Last Among Equals: Hawaiian Statehood and American Politics

Da Kine Talk: From Pidgin to Standard English in Hawaii

Con artists are still pitching those sovereignty scams

It looks like there’s another Hawaiian sovereignty scam that is dangling “too good to be true” offers before potential victims. And unfortunately there are still people gullible or trusting enough to buy in before realizing they’ve been conned.

I was contacted this week by a woman who grew up on Maui but is now living on the mainland. She passed along some details about a relative who has been trying to scam other family members spread across the globe, from France to Hawaii, the Philippines, and Singapore. The scam is a variant of one that’s been around for years. What isn’t clear yet is whether her aunt is acting on her own, or whether she is linked to the “Privy Council” and “lawyers” for a larger sovereignty group, as the scammer has claimed in emails to her potential victims.

Frauds like this are called “affinity scams.” The pitch is made by someone who is an “insider” and, hence, considered a trusted member of the group or organization, a church, religious denomination, neighborhood group, political or professional group, or as in this case, an extended family. (See “The Allure and Danger of Affinity Fraud,” or “Affinity Fraud: How to Avoid Investment Scams That Target Group“).

This pitch goes something like this.

The Hawaiian Kingdom is now pressing a lawsuit that could lead to independence, and at the same time is in negotiations with the UN toward the same end, according to the scammer. And the as-yet-unrecognized Hawaiian Kingdom happens to have a well-endowed treasury, with funds due to be distributed to registered Hawaiian nationals soon after the kingdom’s sovereignty is recognized.

And there’s big money in the treasury, more than needed to reward people now in Hawaii. So, the scammers say, relatives living outside of Hawaii can now register as part of the Hawaiian Kingdom and become part of the group that will get a payout when the treasury funds are dispersed.

All it requires is a “sponsor,” and a payment somewhere between $2,500 and $5,000 as “a processing fee for Hawaiian Kingdom registration.”

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Lawyer known for “sovereignty defenses” barred from future foreclosure assistance

Attorney Dexter Kaiama, known for defending clients based on theories of Hawaiian sovereignty, has been permanently barred from providing “legal services or any other assistance” to any homeowner whose property is facing actual or threatened foreclosure.

On June 4, 2020, Circuit Court Judge James H. Ashford approved the Final Judgement and Stipulated Permanent Injunction in favor of the State Office of Consumer Protection on all counts that were included in a civil lawsuit alleging Kaiama had been part of a foreclosure defense scheme that violated the state’s Mortgage Rescue Fraud Prevention Act (Chapter 480E HRS).

“Without admitting to any wrongdoing, in order to resolve the pending action Defendant is willing to consent to the entry of judgment against him on the terms set forth below,” the judgement states.

The permanent injunction prohibits Kaiama, along with any agents or other persons “acting in concert with him,” from providing legal services or other assistance to any “distressed property owner,” offering advice regarding any foreclosure lawsuit, appearing in court on behalf of such a property owner or assisting them in filing documents “pro se.”

The judgement specifically provides that “[n]othing herein settles or resolves the claims former clients may have for restitution….”

Kaiama also waived ” all right to assert any defense he may have to the validity or enforceability of this judgment.”

As part of the stipulated deal, the Office of Consumer Protection dropped its demand that Kaiama be assessed civil fines for each previous violation of the Mortgage Rescue Fraud Prevention Act, and be required to reimburse OCP’s costs in pursuing the lawsuit.

The agency lawsuit alleged Kaiama had appeared many times seeking “to have consumers’ foreclosure cases dismissed on jurisdictional grounds based upon oft-rejected sovereignty theories.”

“Despite what is believed to be well more than one hundred attempts to have foreclosure cases dismissed, Defendant is not known to have ever succeeded in having even a single foreclosure case dismissed on the sovereignty theory, and yet Defendant continues to make the same oft-rejected arguments, sometimes making the arguments more than once in the same case,” OCP argued.

The Office of Consumer Protection alleged Kaiama acted together with sovereignty activist David Keanu Sai in this foreclosure defense scheme. In prior court filings, OCP said they have referred Sai’s case to authorities for possible criminal investigation. It is not known whether any such investigation is underway or was ever conducted.

In asserting a “sovereignty defense,” OCD said Kaiama has repeatedly asserted these discredited legal arguments:

• the Hawaiian Kingdom continues to exist,
• Hawaiian Kingdom law continues to be good law and is controlling,
• the government of the Hawaiian Kingdom was illegally overthrown in 1893,
• the United States did not lawfully acquire the Territory of Hawaii,
• the State Circuit Courts are unlawfully constituted,
• the State Circuit Courts do not have subject matter jurisdiction over foreclosure cases,
• the proper court to be determining matters of foreclosure is the court that administers Hawaii Kingdom law,
• any transfer of land since 1893, and any recordings of such transfers since 1893, are invalid,
• to be effective, land transfers would have to be executed before a notary public under the Kingdom of Hawaii,
• purported land transfers after 1893 not executed before a notary public under the Kingdom of Hawaii are ineffective to pass lawful title, and
• homeowners acquiring land after 1893 by deed not executed before a notary public under the Kingdom of Hawaii never acquired lawful title or legal title to the property, and therefore could not thereafter mortgage the property, and any such mortgages are ineffective and unenforceable.

Kaiama had raised most or all of these arguments in his own defense against the consumer protection claims, court records show. A series of motions citing Hawaiian sovereignty arguments were scheduled to be heard next month, but became moot when agreement was reached on the stipulated judgement.

See also:

Two sovereignty advocates hit with allegations of mortgage rescue fraud, iLind.net, May 11, 2019.

Questions about the mortgage rescue fraud case, iLind.net, May 14, 2019.

Court declines to dismiss consumer protection case against Hawaiian attorney, iLind.net, January 29, 2020

More of the sovereignty movement’s pseudo-legal theories, iLind.net, February 2, 2020