WAILUKU - Even after he was given a chance to repay $60,000 he had stolen, a man continued to steal from his employer "in about every way you could think of," 2nd Circuit Judge Richard Bissen said.
On Wednesday, he sentenced Vivas Kane to a 10-year prison term for thefts totaling about $100,000 from BJ's Chicago Pizzeria from November 2004 to October 2007.
The 44-year-old Pukalani resident had been employed at the Lahaina restaurant for about 12 years, starting as a dishwasher and working his way up to a manager.
Kane's relationship with owner Jerry Kunitomo went beyond that of an employer and employee to include their families, Bissen said.
"This wasn't a one-time theft," Bissen said. "You shook his hand and stole from his back pocket at the same time. He had so much faith and trust in you that he didn't even see it. You would have kept stealing until he finally confronted you."
In 2006, Kane admitted to stealing $60,000 because of a gambling problem. According to court records, he stole the money by changing restaurant sales to promotional compensations and pocketing the cash from the sales.
After being confronted by Kunitomo, Kane signed a contract agreeing to repay $500 a month until the money was paid back.
Then in 2007, a bookkeeper noticed that deposits totaling nearly $30,000 from March to August that year weren't accounted for. It was also discovered that Kane was cashing personal checks, for amounts ranging from $130 to $750, at the restaurant without having money in his accounts to cover the checks.
Questioned by a Lahaina police detective in January 2008 after he was arrested, Kane at first said he lost the deposits, according to police. But he later admitted stealing the deposits as well as other money from the business.
Kane had pleaded no contest to two counts of first-degree theft and 34 counts of negotiating a worthless instrument for bad checks he cashed at the restaurant.
"I realize what I did was wrong, broke a lot of trust," Kane said in court. "Through all that, there was a lot that was taken from me. I'm not asking for any leniency. I know what I did. Whatever comes my way is well-deserved.
"I'd like to get back out there and continue paying back for the wrong I did."
Referring to Kane's divorce, Deputy Public Defender Annalisa Bernard said Kane had lost his wife and son, as well as his job and the confidence of someone who trusted him.
Kane was divorced before the second round of thefts, Bissen said. He said Kane's "truly alarming" explanation was that he stole the second time because he was depressed and used the money to take friends out to dinner and buy gifts for his son.
Bissen read a portion of Kane's letter to the court that said, "I am not just another criminal in our justice system but an upright citizen."
"I agree you're not just another criminal," the judge told Kane. "You're worse. You're manipulative. You're a con man. That's what got you so close to your victim and allowed you to have access to his money. This was the largest piggy bank you ever stumbled on."
Both the defense and the prosecution recommended probation for Kane, with Deputy Prosecutor Mark Simonds requesting an 18-month jail term.
While seeing that the victim is paid back is a factor in sentencing a defendant in a theft case, Bissen said he decided prison was appropriate for Kane after reading a second letter from Kunitomo.
"I see it the way he sees it. You're never going to pay him back," Bissen said. "He doesn't want to make the same mistake he made before, and neither do I. I don't think you'll ever pay him back, and I don't think you'll stop stealing, either."
When Bissen asked Kane in court about his prior record for grand larceny in California in 1985, Kane at first said he couldn't recall that. Questioned further, Kane admitted being involved in a theft from Kmart when he was 20 years old and had just moved to the Mainland.
"This is what I was trying to point out to you," Bissen said. "Once a thief, always a thief."
Saying he believed Kane was motivated by "just plain greed," the judge said the theft case was the worst he had seen in his time on the bench.
"It's who you stole from, how you stole and the reasons you stole," Bissen said. "You cannot stand there and give me one good reason."
Kane was ordered to pay $102,334 in restitution, including a $4,000 loan he had received from Kunitomo.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.
