Case 1:16-mj-00365-RLP Document 1 Filed 03/28/16 Page 1 of 7

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FLORENCE T. NAKAKUNI #2286

United States Attorney
District of Hawaii
Thomas J. Brady #4472
Chief, Special Crimes Section
Tracy Hino #3202
Assistant U.S. Attorney
Room 6100, PJKK Federal Building
300 Ala Moana Blvd.
Honolulu, Hawaii 96850
Telephone:
(808) 541-2850
Facsimile:
(808) 541-2958
E-mail: Tracy.Hino@usdoj.gov
Attorneys for Plaintiff,
UNITED STATES OF AMERICA
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA,
Plaintiff,

CRIMINAL COMPLAINT;
AGENT'S AFFIDAVIT

vs.
HYONGTAE PAE
Defendant.

CRIMINAL COMPLAINT

I, the undersigned complainant, being duly sworn, state

the following is true and correct to the best of my knowledge and
belief.
On or about March 26, 2016, in the District of Hawaii,
HYONGTAE PAE, on an aircraft in the special aircraft jurisdiction
of the United States, did knowingly interfere with the
performance of CC, a flight attendant of the aircraft, and

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lessened the ability of CC to perform those duties by

intimidating CC.
In violation of Title 49, United States Code, Section
46504.
I further state that I am a Special Agent of the
Federal Bureau of Investigation (FBI) and that this Complaint is
based upon the facts set forth in the following affidavit which
is attached hereto and made part of this Complaint by reference.
DATED:

Honolulu, Hawaii, March

Zl3,

2016.

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AGENT'S AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

I, Brett D. Price, being duly sworn, hereby depose and state the
following:
1. I

am a Special Agent ("SA") of the Federal Bureau of

Investigation ("FBI"), and have been so employed for
approximately one year.
Since 2015, I have been assigned
to the Honolulu Field Office of the FBI,
where I
investigate violations of Federal law, including those
violations which occur within the airport environment and
on board aircraft.
Title 49, United States Code, Section
46501 establishes the Special Aircraft Jurisdiction of the
United States and, under Section 46501(2) (D) (i), gives the
federal government jurisdiction in all criminal matters
occurring on any civil aircraft that has its next scheduled
destination or last place of departure in the United
States, if the aircraft next lands in the United States.

2. This affidavit is in support of a complaint charging HYONGTAE

PAE with a violation of Title 49, United States Code,
Section 46504, Interference with Flight Crew Members and
Attendants, which occurred on March 26, 2016, while aboard
United Airlines
flight
903,
outbound from Honolulu
International Airport (HNL) to Narita International Airport
(NRT).
3. The facts set forth in this affidavit are based on my personal
observations,
my
training
and
experience,
and
the
information obtained from other law enforcement officers,
witnesses, and PAE himself. This statement is intended to
show that there is probable cause for the violation and
does not purport to set forth all of my knowledge of, or
investigation into, this matter.
BACKGROUND
4. Title 49, United States Code, Section 46504 states, in
pertinent part, "An individual on an aircraft in the
special aircraft jurisdiction of the United States who, by
assaulting or intimidating a flight crew member or flight
attendant of the aircraft, interferes with the performance
of the duties of the member or attendant or lessens the
ability of the member or attendant to perform those duties,
or attempts or conspires to do such an act, shall be fined
under title 18, imprisoned for not more than 20 years, or
both."

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5. Title 49, United States Code, Section 46501(2) (D) (i) defines
Special Aircraft Jurisdiction of the United States as
including any aircraft in flight outside the United States
that has its next scheduled destination or last place of
departure in the United States, if the aircraft next lands
in the United States.
6. At the time of this incident, United Airlines flight 903 was
in the Special Aircraft Jurisdiction of the United States.
United Airlines flight 903 arrived Honolulu, Hawaii at
approximately 12:50pm Hawaiian Aleutian Standard Time on
March 26, 2016.
PAE was a passenger on United Airlines
flight 903.
SUMMARY OF PROBABLE CAUSE
7. As

I explain below, I believe that PAE violated Title 49,

United States Code, Section 46504 by interfering with the
ability of the crew and flight attendant to perform their
duties.

8. On March 26,

2016, Pilot RMF a member of the flight crew on

United Airlines flight 903. RMF was interviewed and stated,
among other things, the following:
a. RMF is currently employed as a pilot for United Airlines
(UA).
b. Approximately one-and-a-half hours into the flight he was
advised by the lead flight attendant, also known as the
Purser, that a male Korean passenger in seat 40L was in
the aft galley yelling and being verbally abusive to crew
and was physically pushing his wife.
c. RMF was told that the man was becoming more and more
agitated and was yelling that there, "is no god."
d. RMF contacted and conferred with his dispatch and decided
to return the flight to Honolulu, rather than continue to
NRT as planned.

9. On March 26, 2016, crew member CC was interviewed and stated,

among other things, the following:
a. CC is currently employed as
Airlines (UA) .
2

crew member by United

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b. CC observed a passenger who would not cooperate with the

crew's request to stay seated and screamed at them in
Korean.
c. The man sat in a jump seat in the aft galley and refused
to move.
d. Able-bodied passengers were
asked by the
flight
attendants to assist in placing the man's hands and feet
into restraints. The man had to be forcibly moved to his
seat.
e. CC stated that, "the crew felt threatened."
10.

On March 26, 2016, flight attendant HO was interviewed

and stated, among other things, the following:
a. HO observed PAE being verbally abusive to other
passengers before seating himself in the middle of the
galley.
b. HO observed
times.

11.

PAE physically pushing

his

wife

several

On March 26, 2016, flight attendant DK was interviewed

and stated, among other things, the following:
a. DK observed PAE rise out of his seat and yell at another
flight attendant and passengers. The man was invited to
the rear galley in an attempt to calm him down.
b. The man seated himself on the galley floor, kept yelling,
and refused to return to his seat.
c. Able-bodied passengers were asked to place restraints on
him and escort him to his seat.

12.

On March 26, 2016 the following members of the United

States Marine Corps (USMC) and United States Navy (USN)
were interviewed and stated, among other things, the
following:
i. TJC, USMC
ii. LC, USMC
iii. TJB, USMC
iv. PC, USMC
v. JLM, USN

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b. Observed a man yelling and/or being unruly towards the

flight crew and other passengers.
(TJC, TC, TJB, PC,
JLM)
c. Observed the flight crew give verbal commands for the man
to return to his seat.
(TJC)
d. Flight crew asked for assistance in restraining PAE.
(TJC, JLM)
e. Other passengers asked for assistance in restraining PAE.
(TJB PC)
I

f. Threatened to kill (a) member(s) of the group placing him

in physical restraints.
(TJC, TC)
g. PAE attempted to head-butt a
escorted to his seat.
(TJC)

Marine as he was being

h. PAE attempted to bite a Marine as he was being escorted

to his seat. (TJC)
13.

On March 26, 2016, HYONGTAE PAE was interviewed and

stated, among other things, the following:
a. PAE was advised of his rights, but waived those rights,
agreeing to speak with interviewing FBI agents without a
lawyer present.
b. PAE stated that he didn't want to sit while they served
the meal so he moved to the back galley to mediate and do
yoga.
PAE became angry when they asked him to sit, he
felt that it was rude and too much like an order from the
flight crew.
c. PAE said he had not been able to sleep in eleven days,
but that he felt excited.
d. He said that he knew the rules and that he needed to
follow the directions of the flight crew, but did not
realize that disobeying their orders was illegal.
e. PAE pushed his wife because she was trying to make him
stop; he felt that she was siding with the flight crew.
PAE said that he was very angry about the whole
situation.

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Note that this interview was conducted in the Korean language with
a FBI Korean language linguist.
14.

On March 26, 2016, BRK, wife of HYONGTAE PAE, was

interviewed and stated, among other things, the following:
a. BRK told PAE to return to his seat, but he wanted to do
yoga instead.
b. BRK stated that PAE pushed her while on the flight.
c. PAE has been unable to sleep for the past ten days and is
therefore very tired.
He became very angry due to this
condition.
d. BRK said that she didn't know that there is a requirement
to obey the flight attendant.

CONCLUSION
15.

Based on the foregoing, I believe there is probable cause

to believe that HYONGTAE PAE violated Title 49, United
States Code, Section 46504, Interference with Flight Crew
Members and Attendants.

Special Agent - FBI

This Criminal Complaint and Agent's Affidavit in support thereof

were presented to, approved by, and probable cause to believe that
the defendant above-named committed the charged crime found to
exist by the undersigned Judicial Officer at 133~.m. on March
2016.
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