On June 7, Honolulu City Council members approved the concept of using bond funding to聽keep the Honolulu rail project on track.

On Tuesday, they actually authorized the issuance of $350 million in general obligation bonds for that purpose.

What they might not realize is that bond funding dramatically raises the stakes for聽transparency around the rail project.

HART Rail Salt Lake Boulevard Aloha Stadium2. Near Kamehameha Hwy. 23 feb 2017
Issuing general obligation bonds to pay for rail construction could increase the city’s liability if spending irregularities ever surface. Cory Lum/Civil Beat

Beginning in late 2007, the U.S. Securities Exchange Commission started聽scrutinizing state and local governments to protect investors in what then-Chairman聽Christopher Cox called the increasingly complex municipal bond market.

In April 2008, the SEC charged five San Diego officials, including the former city聽manager and auditor, with fraud. City officials were accused of certifying financial聽statements in 2002 and 2003 that were false because they failed to disclose that the city聽was purposely underfunding its pension system. Eventually, the officials agreed to pay聽penalties ranging from $5,000 to $25,000 鈥 the first such fines levied against officials in聽a muni-fraud case.

In 2010, the SEC established a new unit to investigate misconduct in municipal聽finance, with an emphasis on pension funding. They charged New Jersey in 2010 and聽Illinois in 2013 with fraud connected with bond offerings for misrepresenting that their聽respective pension systems were well funded, when they were in fact under water by聽billions.

In April 2016, the SEC turned the heat up another notch on Ramapo, a suburb in聽New York. The plot in this case sounded like 鈥淔ield of Dreams鈥 鈥 officials in Ramapo聽wanted to build a $58 million baseball stadium after voters in the town overwhelmingly聽refused to guarantee bonds to pay for its construction.

The officials went to the bond聽market anyway and raised the money to build the stadium, now called the Provident聽Bank Park, in part because they 鈥渃ooked the books of the town鈥檚 primary operating聽fund,鈥 according to the SEC. Instead of just going for fines and penalties, however, the聽agency involved Preet Bharara, who then was the U.S. attorney for the Southern聽District of New York, to indict the town defendants on criminal securities fraud, wire聽fraud, and conspiracy charges.

In May 2017, a federal jury convicted then-Ramapo聽Supervisor Christopher St. Lawrence on 20 of the 22 felony charges. The fraud counts聽on which he was convicted carry 20-year maximum terms. He is scheduled to be聽sentenced Sept. 28.

Back here in the Aloha State, there is a growing chorus of people who are聽expressing misgivings about the financial parameters of the rail project.

Those who are now聽overseeing the project need to be concerned that going out to the bond market with聽cooked books is a recipe for repercussions of the federal criminal variety.

It doesn鈥檛 matter that the officials involved have gotten no personal benefit from聽the project. St. Lawrence had nothing to gain personally from building the Provident聽Bank Park. He just wanted the park built, no matter what. He now may be getting a聽one-way ticket to federal prison.

Officials here may have the best of intentions, but they聽better be telling the public the truth. Or else.

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