Federal investigators are using an age-old tactic in their grand jury probe of former Honolulu Prosecuting Attorney Keith Kaneshiro.

They鈥檙e following the money.

Some of Kaneshiro鈥檚 top political donors have become central figures in the U.S. Justice Department鈥檚 ongoing criminal investigation into corruption and abuse of power within the city prosecutor鈥檚 office.

Chief among them are Honolulu-based real estate agent Donna Walden and engineering consultant Dennis Mitsunaga, whose firm Mitsunaga & Associates has previously been the subject of allegations of pay-to-play politics.

Prosecutor Keith Kaneshiro announces a 3rd possible trial for Christopher Deedy.
Former Honolulu Prosecuting Attorney Keith Kaneshiro is still the focus of an investigation by federal prosecutors. The grand jury inquiry into possible corruption seems to be picking up as the pandemic subsides. Cory Lum/Civil Beat/2017

Most recently, Assistant U.S. Attorney Michael Wheat, the San Diego-based prosecutor spearheading the investigation, has called in several employees of Mitsunaga & Associates to testify before a federal grand jury.

At least one company executive, Arnold Koya, was booked into the Federal Detention Center in Honolulu after he refused to show up, .

State campaign spending data shows Koya, like other Mitsunaga & Associates executives, has donated thousands of dollars to Kaneshiro鈥檚 political campaign to help him stay in office.

鈥淢ichael Wheat is a very skilled and diligent prosecutor so it makes sense to me that he would investigate the people who have given campaign contributions to a criminal defendant in one of his cases,鈥 said Marc Wallenstein, a former assistant U.S. attorney who now works in private practice.

鈥淚f a criminal occupies an elected or appointed office and abuses his power you want to investigate the people who helped put him there, which includes campaign donors even though it doesn鈥檛 necessarily mean they committed a crime.鈥

Wheat is focused in particular on Kaneshiro鈥檚 involvement in the City and County of Honolulu鈥檚 $5.5 million purchase of an apartment complex from Walden shortly after she and her investors bought it for $4.5 million. Kaneshiro wanted to use the building as a 鈥渟afe house鈥 for victims of sex trafficking and domestic violence.

A grand jury witness who helped execute the deal told Civil Beat in 2017 that Kaneshiro advocated for purchasing the building from Walden and that Wheat took specific interest in the seemingly quick $1 million profit that came as a result.

Walden did not respond to Civil Beat鈥檚 recent request for comment, but in 2017 defended her involvement saying, 鈥淲e did a good deed.鈥

Kaneshiro鈥檚 safe house was shut down in 2019 after a series of controversies, including complaints of civil rights abuses.

Wheat is also looking into Kaneshiro鈥檚 prosecution of Laurel Mau, a former Mitsunaga & Associates employee who had sued the company for sex and age discrimination.

After Mau filed her lawsuit, Kaneshiro’s office pursued criminal charges against her based on affidavits and witness statements prepared by Mitsunaga & Associates and its attorney Sherry Tanaka. No other outside law enforcement agencies, such as the Honolulu Police Department or the Hawaii Attorney General鈥檚 Office, were involved in vetting the case.

Federal Investigator Michael Wheat speaks to media outside US District Court after Louis Kealoha was sentenced.
Michael Wheat is the lead prosecutor in the DOJ’s investigation into Keith Kaneshiro. Cory Lum/Civil Beat/2020

Instead, it was handled by one of Kaneshiro鈥檚 internal investigators, Vernon Branco, and two of his deputy prosecutors, Chasid Sapolu and Jake Delaplane, both of whom have come under scrutiny during Wheat鈥檚 ongoing criminal investigation.

Karen Nakasone, a state court judge, threw out Kaneshiro鈥檚 case against Mau in 2017, saying it was 鈥渉ighly unusual,鈥 鈥渋rregular鈥 and a 鈥渢hreat to the judicial process.鈥

Mitsunaga and Tanaka, who has been representing the company鈥檚 employees before the grand jury, did not respond to Civil Beat鈥檚 requests for an interview.

Kaneshiro additionally declined to comment about the ongoing criminal investigation when contacted by Civil Beat last week.

鈥淚 was advised by my attorney not to say anything,鈥 Kaneshiro said. He declined to provide the name of his attorney.

Alexander Silvert is a former federal public defender who鈥檚 familiar with Wheat鈥檚 tactics.

Silvert represented Gerard Puana, who retired Honolulu police chief Louis Kealoha and his wife, Katherine, a former deputy city prosecutor under Kaneshiro, tried to frame for the theft of their mailbox.

Wheat successfully prosecuted the Kealohas and several others, including a number of HPD officers, who were involved in the conspiracy to set up Puana after Silvert and his investigators uncovered the scheme. Wheat also went after the Kealohas, and Katherine in particular, on a number of other charges related to bank fraud, identity theft and drug trafficking.

Silvert said Wheat appears to be investigating Kaneshiro the same way he would a white collar criminal.

鈥淎l Capone didn鈥檛 get charged for murdering people, he got charged for tax evasion,鈥 Silvert said. 鈥淔ollowing the money and following possible improper campaign contributions is kind of a classic, old school FBI method.鈥

Whether Wheat can prove a quid pro quo is another question, Silvert said.

鈥淗ere there appear to be campaign contributions on the one hand and then very definitive acts on the other,鈥 Silvert said. 鈥淭his quid pro quo seems to have some meat to it.鈥

Kaneshiro was notified he was a target of the Justice Department鈥檚 criminal investigation in 2018 while still serving as the city鈥檚 top elected prosecutor. He eventually took a paid leave of absence after Hawaii Attorney General Clare Connors petitioned the state Supreme Court to have him suspended.

For the most part, Wheat鈥檚 investigation into Kaneshiro has remained out of public view. In 2019, much of the public focus was on the Kealoha trial and its subsequent fallout after the couple was convicted along with two of their police officer co-conspirators, Derek Hahn and Minh-Hung 鈥淏obby鈥 Nguyen.

Katherine Kealoha and former HPD Chief Louis Kealoha leave District Court after the Jury had questions, later that afternoon, the jury had a verdict.
Katherine and Louis Kealoha are both in federal prison after being convicted by Wheat and his team of prosecutors. Cory Lum/Civil Beat/2019

The coronavirus pandemic further detracted from the investigation and complicated Wheat鈥檚 efforts in part because he and his team of prosecutors are based in San Diego and COVID-19 court restrictions temporarily shut down the grand jury proceedings.

That all changed once Wheat started bringing in employees of Mitsunaga & Associates to testify.

Together Walden, Mitsunaga and their affiliates, including family members and business partners, donated more than $50,000 to Kaneshiro鈥檚 campaign between 2010 and 2016, which accounts for more than 15% of his total itemized contributions in that time.

Walden was among Kaneshiro鈥檚 top campaign contributors, according to data from the Hawaii Campaign Spending Commission. She and her business partners, including her ex-husband Brian Sakamaki and Giampaolo 鈥淧aul鈥 Boschetti, have donated at least $9,000 to Kaneshiro鈥檚 campaigns since 2012, including through two limited liability companies, and .

Mitsunaga, too, was a major contributor to Kaneshiro鈥檚 campaigns between 2010 and 2016, records show. He and his family, including his wife, Chan, and daughter, Lois, gave more than $20,000 to Kaneshiro. Other executives of Mitsunaga & Associates gave thousands of dollars more.

Silvert said Wheat appears to be trying to get someone at Mitsunaga & Associates to start talking about the company鈥檚 relationship with Kaneshiro, but based on the actions of Koya and others it seems like he might not be getting the cooperation he desires.

鈥淓verybody is playing hardball here and I know Mr. Wheat gets more energized when you play hardball,鈥 Silvert said. 鈥淗e takes it as a personal challenge so it may not be the right approach to try dampening the investigation into what鈥檚 happened here.”

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