Tag Archives: Akaku

When “immediately” apparently isn’t

On June 4, three men were convicted in federal court on multiple felony charges for their roles in a complex and long running bribery scheme to defraud Hawaii County’s affordable housing program.

Two of the defendants–Paul Sulla and Gary Charles Zamber–are Hilo-based lawyers, the third a businessman.

A month after the jury verdict, a friend asked a simple question.

How is it that the two are still listed as having active law licenses even after being found guilty of multiple felonies?

Hmmmm. Good question. Here’s what I found.

The three were convicted on all charges, including one count of conspiracy to commit honest services wire fraud and nine counts of honest services wire fraud, all felonies. Sulla was also convicted of money laundering, another felony. They are all scheduled to be sentenced in early December.

To appreciate what was involved, here’s a summary of the case from Environment Hawaii, a monthly newsletter that has reported on parts of the underlying transactions for years and is credited with sparking the federal investigation that eventually led to the indictments.

In its case…the Department of Justice has argued that between late-2014 and late-2021, the three men were involved in a conspiracy to provide bribes or kickbacks to former Hawai’i County Office of Housing and Community Development employee Alan Rudo in exchange for his help in securing affordable housing agreements, valuable excess affordable housing credits (made even more valuable by building restriction waivers he facilitated), and land in Waikoloa meant for the development of affordable housing.

The DOJ estimated that their schemes netted them nearly $11 million and eventually charged the men with honest-services wire fraud. It also charged Sulla, who created the various “shell” companies involved, with money laundering.

Looking back at court records, it appears both men continued to practice law and appear in court on behalf of clients over the three years between their indictment in 2022 and conviction in 2025.

The whole process of attorney discipline is shrouded in layers of secrecy, ostensibly to protect the public, but which mostly protect the reputations of those attorneys being investigated, as well as ODC itself. See my 2022 post, “Hawaii’s Office of Disciplinary Counsel has long considered itself a secret enclave.”

Court records show that on July 9, five weeks after Sulla and Zamber were convicted, ODC filed petitions asking the Supreme Court to issue an order “immediately restraining” both men from the practice of law, and to consider this a suspension from law practice for purposes of court rules.

That seems like it should have been a simple matter, but more two weeks have passed and the court has taken no action.

ODC also asked the court to refer the matter back to the Disciplinary Board to “institute formal disciplinary proceedings that will determine the appropriate discipline to be imposed, with formal hearing stayed until such time as the conviction is final.”

And just when is a conviction final? As we learned after the death of Mike Miske, a conviction isn’t final until the defendants have been sentenced and any appeals have been exhausted, or the deadline for filing appeals has passed. Even if the Supreme Court had actually taken “immediate” action, it could still be many months before the ODC’s confidential formal proceedings would begin. Or longer, if the defendants appeal.

This despite the fact ODC has the benefit of a running start. The office opened disciplinary cases against both attorneys when the federal charges were filed in 2022. These cases, which track the federal allegations, were and remain confidential. Their existence was made public only after ODC received subpoenas from federal prosecutors to produce any records of the disciplinary cases involving Sulla and Zamber, along with any statements made responsive to ODC’s actions, requiring ODC to ask the Supreme Court for a partial waiver of case confidentiality so that it could respond to the federal subpoenas.

More information about the status of the disciplinary cases opened in 2022 is unlikely to become public unless and until the pair are sentenced, run out any appeals, and the ODC formalities lead to a recommendation that will go back to the Hawaii Supreme Court for its decision.

Disbarring both men as convicted felons seems like it should be a slam dunk. But procedurally, even that isn’t simple or transparent.

Saturday…more on Akaku and its critics, and more morning dogs

After yesterday’s post, I realized that a bit more background is in order to convey the flavor of the latest faceoff between Akaku and the group calling itself Maui Media Lab, and why it sets off some internal alarms.

I wrote a story back in 2003 that included this section describing an interaction between then-Akaku director Sean McLaughlin and Maui developer Everett Dowling, although Dowling’s name wasn’t reported at the time.

Sean McLaughlin on Maui tells a tale of arranging a lunch meeting with an island business leader who he hoped would help underwrite Akakü’s broadcast of a series of candidate forums during last year’s election campaign.

Before McLaughlin could make his pitch, the developer interrupted.

“He says, ‘Before we get started, let me just tell you I hate Akakü,’” McLaughlin recalled. “‘You guys use public funds to give a voice to people who misrepresent my projects. If I could, I would shut you down, I would put you out of business because you are giving a voice to irresponsible people.’”

McLaughlin said he offered a standard response — that the answer to irresponsible speech is even more responsible speech rather than censorship.

But the businessman responded: “Sean, I can buy that [favorable programming]. I don’t need you for that. I need you to not let those people on your station.”

Akakü did not give in, and it isn’t clear from McLaughlin’s telling whether his developer friend ever seriously pushed his attempt to silence critics. But it’s a clear warning of the pressures facing access providers.

Dowling later acknowledged the conversation. And he did get serious two years later, personally lobbying hard for legislation to slash Akaku’s budget. See this Maui News story, or Google “akaku” and “dowling” and browse the results.

That history became more relevant when I sat down and did the first round of basic checks on Maui Media Labs, the outfit that has suddenly challenged Akaku this year.

According to state business registration records, the officers of Maui Media Lab Foundation are part of Maui’s development community. President Duffy Herman and treasurer Tricia Morris are a husband and wife team that own Herman-Morris Enterprises Inc, and its business purpose is described as “MORTGAGE BROKER AND INTERNATIONAL TRADE & REAL ESTATE DEVELOPMENT”. They operate as Premier Mortgage Company.

Media Labs vice-president Dan Goodfellow is an officer of several related construction companies operating under the Goodfellow Brothers name on the West Coast and in Hawaii. Goodfellow’s construction firm has done the site work for Ev Dowling’s Maui developments, among other things.

The technical work is done by the related Maui Media Lab LLC, in which Herman and Sam Epstein are listed as managers.

According to a Maui News story earlier this year:

Most of the programming is supported by businesses who pay for commercial airtime and organizations that provide content to fill their dedicated IPTV channels. But Pulelehua Maui Community Television is entirely free and accessible to everyone who wants to see their content broadcast.

Does this reflect Dowling’s attitude, expressed in the earlier quote as sort of a threat, that the business community can simply buy favorable programming and doesn’t need (and perhaps doesn’t want?) Akaku to get that done?

The backgrounds of the principal players obviously don’t tell the whole story, but they do show clear connections between this latest challenge to Akaku and that small community of developers on Maui, at least some of whom have been keenly unhappy with the open forum that Akaku both provides and encourages.

It’s a context and background the encourages further reporting to get to the real issues.

odd couple

With that said and out of the way for now, things can go to the dogs. Well, in ths particular case, a dog and cat duo. An odd couple, Rhya the Rottweiler and Nemo the cat. A most mellow cat who strolls easily through the dog territory. There are other dogs in today’s offering, so just click on this pair for more.