English sentenced to prison for taking bribes
Former Maui state senator also ordered to pay $100,000 fine
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Former high-ranking Maui state lawmaker J. Kalani English was sentenced Tuesday to just over three years in federal prison for taking thousands of dollars in bribes to influence legislation on cesspools.
U.S. District Court Judge Susan Oki Mollway handed down the 40-month sentence to the 55-year-old Hana resident.
She also imposed a $100,000 fine and ordered that he be subjected to three years supervision after he serves his time, according to English's attorney Richard Sing.
English must surrender to begin his sentence on Aug. 16, said Sing, who declined to comment further on the sentencing.
Sing had sought a lesser sentence of 30 months, while the U.S. Attorney's Office in Hawaii sought a 42-month sentence.
English did not immediately respond to a request for comment Tuesday afternoon.
On Feb. 8 after a news conference announcing the charges, Sing said that English "is extremely remorseful and deeply sorry for his actions" and that English has cooperated fully with the federal government and would be taking formal responsibility.
English, a former state Senate Majority Leader who represented the 7th Senate District, which includes Hana, East Maui, Upcountry, Molokai, Lanai and Kahoolawe, pled guilty to one count of honest services wire fraud on Feb. 15.
The bribes from a business owner started at least by 2015 and included several thousand dollars to buy food and drinks for a political gathering, $1,805 for two hotel rooms in Las Vegas in 2019, $500 in cash for a family dinner in 2019, $1,000 in cash to introduce a bill in 2020, $10,000 in cash to delay passage of two cesspool bills in 2020 and $5,000 in cash in 2021.
Oahu media outlets have identified the business owner as Honolulu businessman Milton J. Choy, owner of H2O Process Systems and Fluid Technologies, citing his attorney who said he was involved in the investigation.
Court documents say that on Jan. 14, 2021, English was arrested after FBI special agents conducted a traffic stop on a vehicle that English and the business owner were in in the Kakaako area of Honolulu. English had tried to hide $5,000 under the floor mat of the vehicle.
A sentencing memorandum by Assistant U.S. Attorney Kenneth M. Sorenson, filed on Friday, asked for a sentence of 42 months' imprisonment and said the conduct in the case "is deeply disturbing and spanned several years."
"As indicated, English peddled the power and influence of his position as a Hawaii State Senator and Majority Leader to enrich himself and betray the trust bestowed upon him by those he was elected to serve," Sorenson said in the sentencing memorandum.
He added that as the investigation progressed, "it became astoundingly clear that no matter the legislative ask, the answer from English would most certainly be 'yes.' English's behavior signaled that it was systematically normal for him to accept, and indeed expect, financial benefits in return for legislative favors."
"In fact, it would have been an aberration for English to decline to accept a cash bribe," Sorenson wrote.
Sing said in his sentencing memorandum filed on June 27 that English did "accept a series of payments and benefits from Person A ... in exchange for legislative support that would benefit Person A's company."
Sing acknowledged that English did not disclose the payments or benefits to the state via his State Ethics Commission yearly disclosures.
But Sing asked that the court grant a lesser sentence of 30 months in prison, arguing that English put forth a "quick acceptance of responsibility and open and honest discussions with the Government."
He also noted how English's long-haul COVID has impacted him "from gardening to computer work." English now suffers from sleep apnea, cognitive problems such as memory loss and recall difficulty, lethargy and significant breathing problems, Sing wrote.
English announced his retirement on April 27, 2021 due to the symptoms of long COVID. He did not mention the investigation, which had not been made public at the time.
English also received 25 letters of support, which Sing says shows English "was a compassionate and dedicated advocate for the rural communities and individuals he represented" as well as a leader and advocate for issues facing the native Hawaiian population and Pacific island neighbor states.
Sing added that English has no prior convictions and is "without history of a criminal lifestyle."
Letters supporting English included those from his classmates from the Kamehameha Schools Kapalama campus, as well as residents on Maui, from across the state and in New Mexico and Ohio.
Annette Mililani Kelepolo of Hana said she has known English since he was a young boy growing up in Hana and raised by his grandparents. English was her boss years later when she worked for Hui No Ke Ola Pono, a nonprofit Native Hawaiian health care system.
She spoke about how English supported mom-and-pop businesses, worked to make sure the road in and out of Hana was safe and helped ensure medical treatments, especially for those with diabetes, were available for residents in Maui's rural areas.
While many of the letter writers said they understand what English is being sentenced for, they wanted to support him.
"I am here to show my support of him and his long list of achievements for our Hana community," Kelepolo wrote.
But others said there is no tolerance for what English did.
"The House of Representatives does not condone the actions taken by the former legislators," House Speaker Scott Saiki said in a statement released Tuesday. "I hope this serves as a message to everyone in government that there can be no tolerance for unethical conduct."
Along with English, state Rep. Ty Cullen was also charged for one count of honest services wire fraud and also allegedly took bribes regarding cesspool legislation.
Before news broke of the case in February, Cullen resigned from his District 39 seat representing Village Park, Royal Kunia, Waipahu, Makakilo and West Loch on Oahu.
His sentencing is scheduled for Oct. 20.
* Melissa Tanji can be reached at mtanji@mauinews.com. The Associated Press contributed to this report.