Tag Archives: Hawaiiloa Foundation

Appeal filed in criminal probe of Native Hawaiian mortgage assistance program

Several Maui residents whose homes were raided by the FBI in April 2009 as part of an investigation into an alleged illegal mortgage loan assistance program have appealed to the 9th Circuit Court to overturn a series of court rulings that have allowed the government to retain money, documents and other property seized during the raids.

Those prior court rulings allowed seized property to be held and warrants remain sealed until the criminal investigation is completed or indictments issued.

The notice of appeal was filed on February 10, 2010 by Pilialoha Teves on behalf of herself, Mahealani Ventura-Oliver, and others associated with the Hawaiiloa Foundation, which claims “a clear and unbroken chain of title” to all of Hawaii.

Their appeal asks the 9th Circuit Court to review the district court rulings “de novo” rather than simply reviewing the reasonableness of the earlier court findings.

The appeal is filled with long arguments previously held to be frivolous and without legal merit. The appeal cites an 1839 law of the Kingdom of Hawaii as its basic legal authority.

It alleges Ventura-Oliver “is targeted for retaliation by developers” as well as state and county agencies.

However, the court record contains repeated findings that all arguments presented have been “wholly without merit” and frivolous.

The Hawaiiloa Foundation offers classes purporting to teach elements of Hawaiian title law from the period of the Kingdom that can be used to block foreclosures.

Friday (3)…Update on the Maui investigation of alleged mortgage fraud

A Maui woman at the center of an alleged mortgage scam targeting Hawaiian homeowners is now demanding over $50 million in damages from the federal government.

Mahealani Ventura-Oliver, whose home was one of several raided on April 7, 2009 by the FBI as part of its investigation of a mortgage fraud scheme, has filed documents in federal court claiming damages for the “theft” of property seized during the raids.

The claim was filed after Federal Magistrate Judge Leslie Kobayashi recommended denial of Ventura-Oliver’s claim that the FBI seizure of money and documents amounted to an unconstitutional theft of private property. She had demanded affidavits supporting the search warrants be unsealed, the items be returned, and an apology given by the government.

Kobayashi, in the finding and recommendation dated June 19, noted the government’s explanation that it is:

“conducting a criminal investigation into the activities of various individuals involved in the marketing of a program which allegedly provides mortgage loan assistance to individuals experiencing financial difficulties.”

Kobayashi ruled the search warrants should remain sealed until the criminal investigation is concluded or until indictments are returned in the case. Further, Kobayashi pointed to legal procedures to get property returned after criminal charges are filed or the investigation ended, and said that return at this time is not warranted.

Despite the findings, Ventura-Oliver now claims $50,480,781.40 in damages stemming from the FBI raid, including “punative, general and specific damages and injury” of $1,350,000, and $15,020,000 for “the act of theft of my irreplaceable Sovereign Direct Deed from King Kauikeaouli, signed and sealed on Dec. 24, 1839”.

She demands triple damages in both cases, bringing those two claims to more than $4 million and $45 million respectively.

The document is notarized by Pilialoha Teves, who had nearly $80,000 seized from two bank accounts during the FBI raids.

The damage claim is certainly frivolous, and will not contribute to her legal defense in the event criminal charges are eventually filed in the case. But the claim is similar to others previously made in unrelated cases involving Eric Aaron Lighter, an alleged con man who has surfaced in this case in several documents filed on behalf of Ventura-Oliver.

Lighter has often made outrageous claims in court filings, and later used them as supposed “proof” in other contexts.

In one example, Lighter submitted documents “confessing” to being part of the conspiracy responsible for the bombing of the federal building in Oklahoma City. When the “confession” was ignored as baseless and frivolous, Lighter then peddled the story among groups of true believers as evidence of “jury tampering” and “corruption” in the grand jury investigating the terrorist bombing.

Lighter has been accused of fraud in several prior civil lawsuits, and currently is awaiting trial on multiple charges of tax fraud and related offenses stemming from the defrauding of a pair of California doctors.

In 2003, Lighter sued the Star-Bulletin and myself over an earlier story describing a fraud case in which he was involved. The lawsuit was never served and was later dismissed by the court.

Last year, the Intermediate Court of Appeals ruled that Lighter had defrauded a Big Island man as part of an larger and complicated fraud scheme.

Monday (2)…Confidence scams

You’re heard the term “con man”.

The term doesn’t derive from the term “convict”, as some believe, but from “confidence man”, meaning someone who swindles his or her victim after gaining their confidence.

Often the con man (or woman) targets specific groups they are part of–a church, a neighborhood, an ideological group, etc.

This works particularly well (from the point of view of the con artist) when potential victims share a distrust of authorities, especially the government and lawyers.

Viewed as an apparent confidence scam, there really isn’t much new in what the Hawaiiloa Foundation has been doing, i.e., using fictional but official-looking financial instruments grounded in a complicated anti-government philosophy claiming a type of sovereignty, with victims who are eager to believe the claims.

Similar scams among anti-government groups on the mainland were described by the agent in charge of the Secret Service Financial Crimes Division during U.S. Senate hearings back in September 1997.

Other groups active in the manufacturing and distribution of fictitious negotiable instruments have received a great deal of publicity for other reasons. These groups, and others like them, i.e., “posse comitatus,” “we the people,” “w.d. mccall,” “l.a. pethahia,” “mount calvary baptist,” “the central dominion trust bank,” “Republic of Texas,” and the “freeman”, are well known for their activities as militia groups and their anti-government philosophy. What is not known is their criminal activities in the area of fictitious negotiable instruments. The philosophies of these groups are generally similar, however, each group has its own unique beliefs. Some groups argue that banks and credit companies do not loan money, only credit, and contend that their phony certified money orders and bankers checks are therefore “credit money” and legal tender.

These groups argue that the real money is in gold and silver and not in the Federal Reserve System, again maintaining that the instruments they use are as good as federal reserve notes. Groups such as the freeman, hold seminars and instruct individuals on how to become “sovereign citizens.” This belief is allegedly based on common law and thereby precludes them from paying taxes. Additionally, they claim to have multi-million dollar liens against various federal, state, and local government agencies.

For a fee, some of these groups give seminars on how to create “comptroller warrants” and instructions on how to use them. These instructions include overpayment on each check issued, with the overpayment being shared with the organizers of this scheme.

As with other fictitious negotiable instrument schemes, all of these groups also use “official” looking documents and correspondence, citing non-existent laws and uniform commercial codes in an attempt to confuse and intimidate individuals, financial institutions, private companies, and law enforcement.

These groups attempt to intimidate those who refuse to accept these instruments as payments and those in law enforcement who are tasked with investigating these cases, with threats of liens on personal property as well as threats of personal harm. Losses attributed to these fictitious instruments have been incurred by individuals, financial institutions, automobile dealerships, and the U.S. government.

Recently, three individuals were arrested by agents from our Jacksonville and Oklahoma city field offices and were later indicted by a middle district of Florida federal grand jury for possession of fictitious financial instruments (18 USC 514). These three individuals were offering two fictitious certificates of deposit, supposedly worth $95 million and $50 million, as collateral to secure approximately $47.5 million in loans.

These certificates were drawn on Japanese and Indonesian banks. After a week long jury trial, all three defendants were found guilty. It should be mentioned that this was the first indictment of 18 USC 514 (possession of fictitious financial instruments) by any federal grand jury.