HONOLULU (HawaiiNewsNow) - The state attorney general’s probe at the Hawaii State Capitol culminated Friday with a 12-count grand jury indictment — a case experts are calling the biggest bribery scandal in state history.
The investigation spawned from the federal bribery case that landed former state representative Ty Cullen and former state senator Kalani English in prison.
The Department of the Attorney General’s Special Investigation and Prosecution Division spent the past six months following up on that federal investigation.
Indictments handed down
Lt. Gov. Sylvia Luke was indicted on criminal conspiracy to commit bribery, bribery, and falsifying election documents. She took an unpaid leave of absence in April after receiving a target letter. Her bail was set at $80,000.
Ryan Yamane, former director of the Department of Human Services, was indicted on criminal conspiracy to commit bribery and bribery. He abruptly stepped down in May after he was subpoenaed to testify in the case. His bail was set at $150,000.
Ford Fuchigami, Department of Transportation airports administrator, was indicted on criminal conspiracy to commit bribery, bribery, use of false statements or entries, and obstruction of justice. His bail was set at $80,000.
Leo Asuncion Jr., former Hawaii Public Utilities Commission chair, was inducted on falsifying candidate committee reports, use of false statements or entries, and obstruction of justice. He abruptly left his position last November. His bail was set at $80,000.
Lobbyist and businessman Tobi Solidum was indicted on criminal conspiracy to commit bribery and three counts of bribery. A no-bail warrant was issued for his arrest. Sources said he left the country to the Philippines.
All but Solidum turned themselves in at the state Sheriff Division in Kakaako and posted bail Friday afternoon. Court dates have not yet been scheduled for them to appear before a judge and enter pleas.
Witnesses questioned by grand jury
The indictments follow a day-long grand jury session. HNN Investigates was there as five witnesses walked into the room.
Cullen arrived to testify with his attorney. He was inside the grand jury room for just over an hour.
Cullen served a two-year sentence in federal prison for bribery-related crimes. He became a witness for the FBI and in 2022 was wearing a wire to record a dinner he had with then-candidate for lieutenant governor Luke.
Solidum, who made millions through COVID-19 tests, was also in attendance at the dinner, as was his daughter, Kristen Pae.
Pae was the second person to testify Friday morning. She wore dark sunglasses as she left the grand jury room with her attorney.
After Pae was former Campaign Spending Commission deputy Tony Baldomero. His testimony only took about 20 minutes.
Cathy Ross, Department of Health deputy director, followed. She spent about 45 minutes in the room.
The last witness was there for hours. Sources tell us he assisted with details from the federal case.
Indictment details cash bribes, COVID-testing contracts
The indictment does not allege Luke took cash, but two others —Yamane and Fuchigami, then a legislative aide — allegedly took cash payments from Solidum.
In 2021 and 2022, Solidum was engineering emergency COVID testing for the National Kidney Foundation of Hawai‘i that depended on the state getting $54 million from the federal government.
He needed the health department and the legislature to approve emergency funding.
The indictment includes a transcript of the infamous taped meeting between Cullen, Luke and Solidum, who discusses giving Luke two $5,000 campaign donations in an envelope and promises up to $70,000 more for her lieutenant governor campaign.
She agrees to help push for the testing program.
In separate meetings, Yamane, then a state representative and House health chair, allegedly accepted cash numerous times — more than $1,000 in envelopes — from Solidum. He later touted the testing program.
Solidum also allegedly paid Fuchigami $7,000. He worked for the Senate Ways and Means Committee before moving to the Department of Transportation.
Governor calls for Luke’s resignation
Gov. Josh Green issued a statement that said:
“Today, the Attorney General announced significant developments in her department’s corruption investigation and has provided an update on their findings.
The lieutenant governor needs to consider formally resigning to address this matter and so that the state of Hawaii can move forward.”
Checks, code words, cash deposits: What stands out
Alexander Silvert, a retired federal public defender, said the case doesn’t appear as strong against Luke.
“Tobi Solidum gives her two $5,000 checks. There’s no contractor prohibition that has passed the legislature to prohibit contractors from giving money in a campaign,” said Silvert.
He noted that the indictment appears to show that Luke turned down offers of more money from Solidum.
“It doesn’t seem directly tied to what they were talking about,” Silvert said. “In fact, he says, ‘I’ll give you 35,000 or 70,000 more,’ and she says no thank you.”
However, the evidence against Yamane, who was a state representative at the time, includes several text messages with Solidum. Silvert said the lobbyist appears to be paying for favors, with several texts telling Yamane he wants to meet so he can “drop off something.” This was often followed by Yamane depositing cash into a personal bank account.
“When you start using code words or you don’t want to say ‘money’ — that’s when it becomes suspicious, and this is all over the indictment when it comes to Mr. Yamane,” said Silvert.
Legal action, investigation could continue for a while
The indictment of a top state government administrator, two legislators, and a former head of the Public Utilities Commission is leading many to ask if this is just the beginning.
Randal Lee, a former judge and prosecutor, said, “I’m assuming that the investigation is not necessarily over, because most times when it goes as deep as it did, you normally have other people who are participants in this scheme.
“It also raises an interesting issue because a lot of this was campaign donation related, and it kind of opens a Pandora’s box because... I’m pretty certain a lot of the politicians who receive campaign contributions look favorable to doing something to help the donor,” Lee added.
Silvert said, “We still don’t know how large and big this is going to be. It can certainly grow from what we see today, but it is satisfying that there seems to be some sort of resolution moving forward. I really don’t think it’s over yet.”
There could also be more charges against Luke and Asuncion, her then-campaign chair.
The Campaign Spending Commission filed a civil complaint alleging eight counts of false reports and four counts of mishandling campaign funds in 2021 and 2022 by “Friends of Sylvia Luke.”
The commission’s findings were referred to the attorney general for further investigation.
National Kidney Foundation orders independent review
The National Kidney Foundation of Hawai‘i issued the following statement Friday night:
“The National Kidney Foundation of Hawaiʻi recognizes the seriousness of the allegations surrounding certain COVID-era programs. We understand the questions our community has, and we are committed to addressing them with transparency, accountability, and integrity.
The Foundation’s current executive leadership team was not serving in their roles when the matters under investigation occurred. Since assuming leadership, we have made transparency, accountability, and responsible stewardship central to the way we operate.
We have cooperated fully with government authorities. We have also commissioned a nationally-recognized forensic accounting and investigation firm to conduct an independent, third-party review to examine the facts and the policies and practices in place during that period.
Because the independent review is ongoing, it would be inappropriate to comment on specific allegations or potential findings. Our priority is ensuring that the review is thorough, independent, and guided by the facts.
When the review is complete, we intend to share its findings, to the extent appropriate with our legal obligations, along with the actions we take in response.
Throughout this process, we will continue serving Hawaiʻi’s kidney patients and their families through education, prevention, advocacy, and support services.”
