Professional Documents
Culture Documents
PageID #: 4758
EXHIDIT3
PageID #: 4759
night while I and others were studying, he said it was because there was a
senator from Hawaii who was participating in an investigation of the President.
At that time I had no idea who Senator Inouye was, but I knew that AI admired
him and saw his cool, yet strong, demeanor as a role model.
Although AI was not Mormon, he was taken in by a Mormon family with
Hawaiian roots that frequently hosted him on the weekends. One weekend AI
recruited me, and others, to work as temps for a moving company in order to
move a library; we had no idea why, we just did it because AI asked. I found
out years later that the money we earned (which we never expected) was
donated so that one of the children of his host family could go on her church
mission abroad.
AI is quite generous of spirit and purse. I have always known him to be ready
to help friends in need; he would do anything possible to help a friend, and he
would do so with a big-brotherliness that was sincere and long remembered by
the many who have sought his counsel and support. My wife has frequently
confided in AI, as have my children; I have no idea what they talked about as
AI is good at keeping confidences, but I know that he has helped them.
AI is a loving husband, father and grandfather. I have on numerous occasions
watched him care for his children when they were babies, and I have seen him
care for his grandchildren. At frequent times he is the principle care giver. His
support is not one of just watching part time; AI has cared and cares for the
children as if he is a mother, not a father. It is amazing, really, to seem him
with the babies. There isn't a more dedicated or loving caregiver. It was the
same when he visited his mother in the hospital when she had multiple
amputations. AI was there all night, almost every night, to be with her in her
final months, weeks, days and hours.
AI has a special relationship with his father, whom he takes every weekend to
work with him at his office park. Mr. Hee (the father), lives with and is cared
for by Al's son, who has been taught compassion and responsibility by looking
after Mr. Hee.
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When one of Al's friends was lost at sea while boating with his wife, AI took
care of his grown son and helped him through the tragedy. The son has
repeatedly told me how much AI' s advice has helped him get sorted since the
incident.
AI has spoken to me frequently about the need to help Native Hawaiians. His
commitment to them is real; he employs them whenever possible and his
business models are based on providing better service at the cheapest possible
price to the Hawaiian community. While others talk, AI does. He has been a
frequent supporter of Hawaiian concerns, from King Kamehameha Schools to
businesses that employ Hawaiians. One example was the crew that did the
remodeling of his home in Kailua. Even though there were more efficient
crews available, AI would hang with them and every night come home early to
talk story, feed them poke and provide encouragement.
Sandwich Isles Communications has been one of the largest employers of
Native Hawaiians in the state providing state of the art telecommunications
services to Hawaiian Homelands. Before that AI tried to bring new technology
and capacity to end brownouts that were occurring on Hawaii. His business
model was based on utilizing Hawaiian Homelands and hiring Hawaiians. He
was told by lawyers of the incumbent utility that if he agreed to build only one
power plant then they would allow it. If not they would tie him up with a legal
fight indefinitely. AI would not agree to this condition; but unfortunately was
unable to overcome their efforts to stop him.
The point of these examples is that AI has been committed to improving the
livelihood of his community (Native Hawaiians) for most of his working life.
Everyone who knows AI knows that this was his motivation for what he tried
to do. He always takes very good care of his employees and they are extremely
loyal and committed to their work.
PageID #: 4761
While recognizing and respecting that AI was convicted by a jury of his peers
of criminal tax evasion, I ah1 shocked to consider AI a felon and a criminal. AI
has always been loyal to the government and to the rules of the state. He sought
to play within the rules of society as he understood them to be enforced; when I
read the indictment against Al.in the paper I was taken aback. Having worked
in Washington DC for much of my life in and out of government, and knowing
AI as well as I do, I could not ever envision that he would act in an
intentionally criminal manner. As he is my best friend, I know him very well.
He is not, in his heart, a criminal.
I was with AI and his wife, children and baby grandchildren within an hour of
the jury reporting its conviction. I can tell you without exaggeration that they
too were shocked and devastated as individuals and as a family by the news.
However what impressed me most was the love I saw expressed to each other
by siblings, and by the parents to the children. And nothing interrupted the
sweet way in which AI cared for the grandchildren, holding them and feeding
them and comforting them amidst this moment of personal and family anguish.
AI thinks strategically and is quite practical. I'm sure as he faces the real
possibility of incarceration, he is taking the necessary steps to care for his
family and to ensure that his employees can continue to execute his vision for
the State. Having said this however, I know that it will have a definite impact
on them as he is the guiding light of both his family and his business. In so
many ways he is the soul of Sandwich Isles, as such his not being there as an
everyday presence will have a negative impact on the direction and execution
of the company and the cohesiveness of his family, not to mention on the
affection and care he directly bestows, in the tenderest of ways, on his
grandchildren.
Al's health has never been good. He has
which prevented him
from continuing his career in the Navy and which has required him to now
everyday of his life.
Additionally he has had to slow down considerably since
though you wouldn't know it unless you know him well. I can only imagine
PageID #: 4762
Torkel Patterson
PageID #: 4763
Gordon C. O'Neill
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Waimana property in Mililani. This gave him the opportunity to earn some college money and learn
about honest and tough manual labor.
As Albert built his business and entered into various enterprises, he had a vision to bring reliable
telecommunications services to the Hawaiian Homelands. He has followed this vision and it has been
his passion for over twenty years. What strikes me most about Albert is not only his energy and
ingenuity in accomplishing his goals but his total commitment to the success and well-being of his
employees and colleagues. I have visited him at the office and in the field and have observed the high
regard in which he is held by all of his associates. It is a level of esteem that is usually reserved for
leaders of the utmost effectiveness, compassion, and honesty.
I was surprised and saddened to Jearn of the investigation into Albert's tax filings and his subsequent
indictment and conviction on charges that I believe are completely out of character for my friend of over
forty years. In my observation and opinion, Albert Hee is not a man who would knowingly or willingly
violate the law. I know that this whole process has been an ordeal that has taken a heavy toll on his
entire family and may have lasting effects well into the future. Moreover, those that rely upon AI for
their employment are faced with a great deal of uncertainty about their own future security. Please
consider that during this very trying period in his life Albert has continued to ensure the integrityof
telecommunications services to Hawaiian Homelands and has continued to look after the interests of his
employees at Waimana Enterprises.
I ask that you consider leniency in sentencing Albert Hee. He is a man who has honorably served his
nation in uniform and continued to do so throughout his professional and private life. Not only would
incarceration adversely affect his family and employees but it would deny him the opportunity to
continue serving his community, particularly the Hawaiian Homelands. Please consider financial
restitution, probation and community service in the best interest of justice. I humbly thank the court for
considering my statement while deliberating on Albert's fate.
Respectfully,
ffi,cd/J
Gordon C. O'Neill
PageID #: 4765
Albert and Wendy Hee have been lifelong friends and I am writing to you in that
capacity.
institutions on the East Coast. I don't recall when I first introduced Albert the plebe to
my parents but I can tell you they loved him. My mother - who was fond of putting
anyone to work who appeared at the front door- noticed that this young man did not
bolt when asked to clean the gutters of the house.
PageID #: 4766
while attending the Naval Academy in Annapolis, helping them in any way possible. He
was generous and responsive and as they grew old and fragile, his caring for them only
increased. At the same time he also grew close to my youngest sister who has polio so
you see I am very grateful for his friendship and his genuine care of my family and
people in general. This is a loving Albert that I know - supportive of family, friends and
community.
I barely know Albert the Businessman.
successful entrepreneur who, against all odds, succeeded in building an institution from
an idea- certainly no easy task in our State. And I also know of the area of interest he
has pursued- but until recently I knew nothing of his business practices.
While I am choosing not to share my opinion regarding those practices including "tax
crime" which I learned about in the news, I want to take this opportunity to ask you to
please take his family into account when you consider his sentencing and choose
leniency!
Thank you sincerely for considering my request.
Humbly and in gratitude,
PageID #: 4767
Over the next 4 years .Albert spent many weekends at our house, playing chess with my father,
helping my mother with her endless list of chores, plumbing! wiring, etc. He was a hard worker
that never shied away from work. He became. the son my parents never had. When we moved
and moved our household 50 miles away. I
he corralled 3 of his academy friends (with
had him install a cassette player into my car and I remember complaining because he was
taking all day, but he was a perfectionist and when he came up from under the dashboard he
said "Gina, a job isn't worth doing u.nless it is clone right".
Albert gradu;tted, start.ed on his career, visited with my parents when he c;tme to town and my
father met him when he was in Hawaii. Their relationship never stopped. About 12 years ago
when my f11ther's health became an issue Albert called me. I hadn't spoken with him for about
20 years and he. said "It's your long lost brother Albert". He reached out to me because he was
concerned with my father's health and had some suggestions of what I might wa.nt to do.
During the years of declining health he looked afte_r rny father, when my dad was in Hawaii,
Albert's. office was my father's have.n to take a nap; play a game of chess, and he would even
rub mydcrd's feet. He would try to protect my father from the sharKs that were circling, the
ones who could smell the blood in the water, wanting to take mY father's position, the man
who had the Senators ear, the man who was the Senators .closest confidant, the only man the
Senator could really just be Dan with.
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When mydad passed away, he came up for my dad's memorial. He. helped us. with the funeral
in Hawaii, in particular he arranged for a military salute because we were not able to get that
done. He was there for my sisters and my mother and he spoke at his burial.
Twelve months later we were in the same situation with my mother, he rushed to her bedside,
but missed her by hours.. And once again, he spoke at her funeral.
remained friends, whenever I get horne we get together for a meal and when.he's on the
east coast I go and meet him. He has always made himselfavailable to me, always just a phone
call away.
On Dec.ember 18, 2014 I called Albert; I was having trouble getting leis shipped to the east coast
for my daughter's wedding on December 201h. He said, "I'll try myb.est". Boxes of beautiful
leis arrived themorning of the wedding. It wasn't until months.laterthat I. discovered he had
been indicted the day before my call. He never said a word, never let on what he W<!S going
through,. he wanted us to have a memorable day.
My parents loved Albert like a son and I know he loved them; he even made them godparents
to his oldest daughter (Ho'o). While I'm sure they'd be disappointed to see him in this
situation,they wouldn't abandon him, they would be right there with him, because if there is
one thing my father believed in, it was loyalty.
:; ...
F..
While I don't know anything about Albert's business dealings, I know him. to be a fiercely loyal,
supportive, devoted man, who loves his family. I'm not sure if my letter will affect you in any
way, but just know the Albert Hee I know, is a good man with a generous heart. Please show
some leriiehty when considering his sentence.
Respectfully,
;.
PageID #: 4769
Sept 9, 2015
The Honorable Susan Oki Mollway
Chief Judge
United States District Court
300 Ala Moa na Blvd.
Honolulu, HI 968500338
Aloha
Moilway,
I have been a dose friend of Albert He.e since we both started kindergarten in 1959 at Kamehameha
Schools. It is with a heavy heart to witness all these years culminating in this life changing event with
Albert's conviction of tax fraud. Knowing Albert in his childhood years, I knew that he would have a
strong character built up by a strict mother and supporting father, Getting the chores done was always
top on the list before having any fun. His rather taught him thevah.le in cloih)l a good job and his
mother taught him the i;liscipfine to stay focused to
sure the jab gets done. I am still amazed to
this day by Alpert's ingenuity and abHity to identify a need and to
build a solution that works. It
was hard to forget the time in grade school when he constructed a canoe uslng fiber glass sheathing
over 2x2 wood frames. He actually convinced me and another classmate to take the canoe out on
Kaneohe Bay ahd go fishing. No fish, but we survived. In high school, Albert became one ofthe highest
ranking officers in our class in Kamehameha's ROTC program and excelfed in wrestling and water polo.
Albert's achievements at Kamehameha continued when he was accepted into the United States Naval
Academy. During this time I attended the University of Hawaii's School of Engineering while Albert got
his Navy commission !It the Academy. I understand from his stories about the Academy that other
cadets treated him with great respect believing he was a "crazy" Hawaiian from Hawaii. I think it had
something to do with his boxi11g and wrestling pursuits and his dedication to doing well. Albert also
talked apout the dose relationship he developed at the time with BenryGiugni, aide to Senator Inouye.
Albert likened Mr. Giugnl to his father away from home. The relationship helped Albert keep his
connection with Hawaii and to value friends from Hawaii. It also helped him deal with the separation
from his family in Hawaii. J think in his mind he knew that he could never live away from home.
Due to health reasons Alb,ert was unable to complete his service obligation to the Navy. He ended up
marryin!l his high
and
;tg
ro r.aise his family. Some
people said that Wendy was the brains and AII:Jert the brawn. Wendy had reeived her master's .;legree
in planning from Harvard University so there is much truth to the statement. She was actually the
anchor for the family whlch aUowed Albert to pursue IJis goal of starting his awn cpmpany. At this time 1
was also pursuing my career working as a civil engineer for a large company in San Francisco. Wf! both
started are families about the same time, me with one son and Albert with one son and two daughters.
Every summer my wife and I would always spend our vac<ition in Hawaii and we would always make
time to spend with Albert's family. I could see that Albert raised his children with the same values and
discipline instilll!d in him by his parents. It was a rough time for Albert going from working at a good job
with Thea Davies to sel!ing new!;papers out of his home. His stint at Theo Davies provided additional
basis for why A{bert felt .the need to help oth.er H<!walians . He told me about seeing a le.ase ci.ocument
for his aunt's prtlperty in Kona. One of the provl$ions in the lease statedthat if the landowner, his aunt,
did not make any effort to renew the lease then ownership of the propt\rtywould transferto the lessee.
This is ju:;t one legal method that was used to "steal" lands from its Hawaiian owners. And it is also one
of the reasons why Albert looked for business opportunities that eould benefit Hawaiian Home Lands.
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I worked for fourteen years in San Francisco from 1978 to 1992. In 1992 lniki!lit Kauai and Albert was
able to kick off his cogeneration power plant project that was going to be located in Kawaihae on the Big
Island. At the time the Federal Government was promoting privately funded power generation projects
that also use its waste energy to produce a marketable by-product. The federal Act required a public
utility to purchase power from a co-generator before using its own generated power. The project would
have added hundreds of thousands of dollars a year in revenue for Hawaiian Home Land, thousands of
gallons per day of potable water th;tt Hawaiian Home
needed to develop Kawaihae and 60
megawatts of electric power for the Sig Island. It was a win/win sltvat!on for everyone except Hawaiian
Electric. It also enabled Albert to offer me a job and bring me back home to HawaH. one of Albert's
goals was to create jobs that would keep kids in Hawaii or biihgthem back home from the mainland.
Albert had the ingenuity and business awareness to secure private financing from Diamond Energy, Inc.,
a subsidiary of Mitsubishi Corporation, to fund the project valued at over eighty miHion dollars. And it
could not happen without the full support of the current Hawaiian Home land Chairperson, Mrs.
Hoaliku Dr)lke. Hawaiian Horne land saw the opportunity that Albert offered and full supported him.
We literally battled forfive years against
Electric's delaying tactics who had the subtie support
of the Public Utility Commission. Albert was going up against some of the most powerful business
individuals in Hawaii who created a !:1arrierthat was too high to ,cli\itb. It is my opinion that these
actions from the past are tied into Albert's current demise. li1 fact these actions were not just against
Albert, but were actions against Hawaii Home land that impacted HHL's ability to build more
homesteads for native Hawaiians. It was also during this time period that.Aibert experienced at least
two incidences of
Both incidences ended up in the
emergency room at Castle Hospital. The second occurrence almost ended in Albert's car at the entrance
to the emergency room. Luckily hospital personnel were alert and able to carry him into the hospital to
ad minister treatment.
At the end of the KawaH1ae Co-generation project there were f!ve persons working forWairnana
Enterprises, Inc., Retired Admiral Robert. Kihune, Sandie Wong, Robin Kamakahi, Albert and I. !twas
Albert's foresight and vision that kept his focus on identifying any utility based opportunities that could
benefit HHL, Before the end of tne power plant project Albert became aware of a federal program
whose mission was to build electricity and telephone 'infrastructure to the underserved rural ar:eas of
America. This program provided low interest loans to assist with the construction and operation of rural
telephone companies called
Local Exchange carriers (RLECs}. At the time there were over a
tltOU$>10d RLECs throMghoutthe forty nine .states. Also tied into this prosram is the Universal Service
.. p[qgtam
.to s,uppof! the
high cost to cortstruct rural
fnfrastructwe. There were so m;my pieces to th.e: puzzle. of to
standing up a new Rural Local Exchange Carrier and it could not hove happened without Albert's vision
and guidance. We received strong support from Hawaifs Congressional delegation with letters to the
FCC urging approval of our appliqtion for Universal Service Funds. It was more than three years :from
inception before sandwich Isles Communications, Inc. (SIC) was established and funded by the Rural
Electrification Agency laterk"nowo as the Rural Utility Service {RU!;;). One ofthe key pieces of the puzzle
was the exclusive li!;ense issuedto SIC by DHHL to provide telecommunications services to all lands
adrninisterecl by DHHL We could not have qualified as a Ri.EC without the lieense from DHt!L With this
license and DHHL's
to .l)uild !)ol'nestead projects, SIC was able to secure loan agreements from RUS
for $40 million to build lntrastrud:ure on the outer is1;mds, $27 l'n!l!loh for infrastructure on Oahu and
$338 million to build a fiber optic network connecting all DHHl property, With this funding and
Universa'l Service support we were able to save DHHL millions ofdollars in infrastructure cost in the
construction of their subdivision projects. SIC continues to pay for the tost of telecommunications
infrastructure for DHHL projects even though funding from RU.S has stopped and support from Universal
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Service Fund reduced to a fraction of its original amount. The reduction ofthe Universal Service Support
was implemented by the Federal Communications Commission without out any recourse for companies
like SIC who had incurred large debts in the construction of its telecom infrastructure. We have made
major changes in the way we do business. We have reduced our cost of construction and operations
and in the process of renegotiating our debt service. Although Albert is not involved in the day to day
business of SIC he. was the foundation of the company. The reduction in Universal Service support has
created huge cracks in SIC's foundation and in my opinion Albert's foresight and ingenuity is needed to
keep the foundation from fciling. Today SIC has almost seventY employ(les and we maintain almost
four thousand HHL customers.
1 hope the message 1am trying to convey is clear that SIC would not be wh<are we are at without Albert's
direction. We are in a difficult period not only because of Albert's conviction but also due to changes in
the support programs for Rural Telephone Companies. Wbi1e we are in a difficult period it is without a
doubt that the trial and Alllert's conviction hasplaeed.a tremen.dou.s i!mount of rn.eotal grief on his
family. His dedication to the business is matched only by his dedication to his family. He was not
creating a company to be sold to the highest bidder. Albert was creating a iegl!!CY to be passed on to his
children and their children. Over the past two years Albert became a grandfather two times. You can
see the joy he has with Rosie, his first.wandchild. She has become a daily presence at the office bringing
I
his feeling of being incarcerated and separated from his
a sense of family to everyone
family is becoming an unbearable burden as the date of sentencing approaches. At a period in life when
most people are thinking about retirement and spending more time with their children at1d
grandchildren, Albert has to be concerned about the survival of his companies and the welfare of his
wife, his children and his grandchildren.
As my final statement, I would like to request leniency in Albert's sentencing. I ask this as a close friend,
as a .natiVe Hawaiian and as a member of his extended Charta.
Respectfully,
i'l (!
d
. ...,.......,,,..
Rodney Kaulupali
PageID #: 4772
I know that Al is being sentenced for various tax. cdmes. It is my hope that by sharing some
of my personal experiences, you ,.,1]J have a broader understandiilg of who this man ttuly is.
He has had a tremendous positive influence in my life and so many others, especially
Hawaiian homesteaders.
My grandmother "-'llS one of the first to be awarded a homestead lot in Keankaha, Hawaii, a
small town neat Hilo. :My mother \VII.S born in Keaukaha and so was I. Mo.st of out family
still remain on homestead land, however in search of a brighter future, at a young "l,"' my
have improved educational
parents moved fr.om Kcaultaha. to 0'alm so we
oppottunities and a better chance f.or success in life.
You can i11:mgille the excitemt:nt I fclt when AI told me of his vision t<l bring broadband
telec()!l.lmunicat:ions to Hawaiian. home lands. W!e knew
would be a tremendous game
changer for Hawaiian families fot generations to <:<'>me. r was present at the Dept. of
Hawaiian Home Lands (DHHL) Colnmission meeting when .Al shared his pla:as about the
fiber optic network and technology that he could provide to new homesteaders at no cost
for installation, At that tiine, infrastructote costs averaged $30,0()() a lot s<> this was
potentially huge savings for the Dept. that could go towards d.evclopii1g other lots for
homesteaders.
A few years later when. plans for the Sandwich Isles Communicati,ms {S.l:C}
telcco.rnnmnications network started cotuing into fruition, Al asked me to join a team of
lawyers to help him fuciiit>ate the planmng .and pertnitring process and er1gage in commnnity
ourrea.ch with the hotueste-4ders, native Hawaiian organizations and smte and federal
agencies. AI provided .me the opportLlnity ro start rny own culmral consulting business and
SIC became my fust client.
Community outreach for SIC took us deep into Hawaiian
communities. TI1e SIC
network was a very difficult project to explain because there were m.any entities and
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technicalities invohred such as the Public Utilitit'S Coll111liilsion regulations and the DHHL
license whiclllitnited the serving
to new homeste<tders, etc. Although .Al is an e>::tretuely
bpsy pep;on, I could always count on hitn to make time to attend these meetings and directly
address any questions or concems that were raised. Everyone appredar.cd chat Al took the
time to personally meet with them and they knew they were very fortnnare to have
broadband access including ihe full scxvices of the internet fut educational, bu$iness and
recreational pursuits at affordable rates. For many homesteaders it rnadr a difference in
being able to stay in H.awaii or having to leave tile islands in order to fi11d wotk ..
In 2005, nne patticular very rural homestead community on Maui, refused to allow SIC to
bring in the undersea cable because. they were nor ready tn emhtace the fiher optic
broadband technology. Jn a meeting last \veek J .rnn into the leaders of this community and
they expressed theit uemendous regret at not accepting the opportunity at the tim.e as they
now understand the ituportance of broadband for their children and grandchildren's future
and they feel they will be left behind in the digital world.
Last week I v'isited Kahikim:ii which is the most rural Hawaiian homestead in the state
accesb-ible <>11ly by 4 wheel drive vehicles where people live totally off the grid. 1'here is no
electricity or running water for the dozen or so famili.es th-.tt live in this community however
they have telephones and internet, thanks to SIC. From their
it takes an hon:t to get
down to the main highway and then an hout drive to the nearest to\vn. To get to school each
morning the children must get up at 4:00a.m to begin the long t:tt>.k to school and then travel
the same amooot of rime and distance back home in the evening. We spoke wich a young
girl in the second grade who depends on the SIC's internet in ntder to do ller homework.
Without this in1portant connection she would not have access to the outside world due to
her isolated living conditions. The :fittoilies that live in Kahikinul ate so gratefUl to have
inte.rnet service as well as phone service especially in emergency
which
oofottunately happens a lot due to bad weatlle.r, the bad toads or in the case or medical
emergencies. lvlany of them use the intemet to conduct their businesses which is integral to
li.ving theit lifestyle of choice.
Al's vision for the SIC netwo.rk is anlazing by any standard and tn his etedit be had the drive
and initiati,,e to put together an intlovntive business model to better the lives of Hawaiians.
W'hen the lives of Hawaiians are improved, the liv-es of everyone in the la:tger community is
improved as welL Tclecnll:llnunieations is such a highly regulated environment yet.Al has
.managed tD create, build and sustain a company that truly stands fm advancement and will
serve homesteaders for generations to come.
When we were growing up, our 'ohana struggled to make euds meet. A! was fortunate to
have .received an award m attend U.S. Naval Academy however fo.t my parents, there was no
way that I could attend a mainland college as we could not affotd it. Detennined to have the
experience of at least one year of college on the mainland, I was fortunate to he ac.;epted to
a college exchange program at the University of Oregon. At that time, ,Albert and Wendy
were living on the east coast and because .AJ knew that I may not ever have the opportunity
again, he invited me to join them for the wlntct break instead of going back home to Hawaii
fot Christmas. We had a wondetfultime visiting many cities and historic places in New
York, New Jctsey, Connecticut artd Massachusetts. One unfortunate occurtence happened
when someone broke inm our van and stole all of our personal belongings. My Hawaiian
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bracelet that I received as a graduation gift, wa$ stolen and in Al's typical generous style he
gave me the <:ntite .insurance proceeds to buy myself a new Hawaimn bracelet. He would not
take no for an answer as he knew the sentimental value assO<;iated with this gift despite the
fact that he and Wendy lost way more valuable items than. r did. During this time, Al took
the opportunity tn encourage me to pursue attaining a law degree and become the first
attorney in the family. With hi' continued support and encouragement, I was privileged to
attend law school and have sOL>ght to use my education and experience to benefit not only
my family but also the larger community ove.r the past many years.
A meeting 3Xranged by AI with Senator Daniel K. Inouye .in the 80's tesultt:d in my being
hited as an Intru:n for the Senator on Capitol Hill, Washington D.C. The experiences that I
gained wetc so valuable and I got to work on rnnny impottant legislative
not to
mention sitting .in on Congressional and Snptemc C.<Outt hearings. That opportunity clll!.nged
my life not only fwm the educational standpoint hut also the pe:rspectives gained and the
fdendships t11ar: W.ve lasted O<'et the years.
Al has always been an e.xtren1ely loving and thoughtful family mel1lber and this is especially
evident in the unconditional love he has for his parents. While his mother spent her last four
months of life bedridden in the hospital, Albert was there every single day or evening and
did not leave the hospital tultil she fell asleep. I k11ow this beomse l was there during the
day; and ftankly she always had one eye on the door waiting f-or him to 3Xtive. She was
dying in 2012 when he was going through hh; otde!tl with IRS yet he gave her his undivided
attention holding her hand every single night until she fell asleep and then he would go
home.
Al a.r:r.anged for
his son Kupa'a to live with his grandfather to look after his daily needs. On the weekends A!
picks his father up and takes him to the Mililani office so his father can do meaningful
chores to keep his mind and body active. AI then takes his father to dinner before taking him
horne at night. No matter how busy he is, il.l's weekends ate dedicated to time spent with his
dad and the resc .of the family. His patents have always been a top prinrity .in his life.
l have not discussed ill's health issues as I \villleave that for his immediate family to covet
however I have been with him .in many life threatening situations and I ean personally attest
to his fragile and ill health. I ail1 ve1y concerned that his health will be adversely impacted in
a prison type setting.
Judge Mollway, tlll!nk you very much for reviewing and consideting my testimony. Al is not
a greedy businessman as portrayed in the media, mther he spellds his time doing t11in.gs ro
help people and he has made a tremendous diffctenee ro better the lives of Hawaiians. I ask
you to please he .lenient \\<-:ith him as I know he W.s leamed a hard Jesson. un.d deeply regtei:s
the consequences of his accion.s. The.great humiliation and shame that he has brought upon
the family has .indeed caused him great suffering and r
that he is remorseful
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lam Vice Admiral Robert Kihune, USN (Retired). I was hired by AI Hee, the President and CEO of
Waiinana Enterprises, ln 1996 to originally negotiate a power purchase agreement {PPA) with Hawaiian
Electric Company (HECO) for an electric power plant that he had planned to build on Hawaiian
Homelands on the Big island. A year later, this project was terminated because HECO would not agree
to a PPA. l was then asked.by Alto be the CEO of Sandwich Isles Communications {SIC), a new start-up
subsidiary ofWaimana Enterprises, a position which I assumed in 1997. SIC is licensed to provide
telecommunications services to the native Hawaiian beneficiaries of the Department of Hawaiian Home
lands {Oflfll}. l accepted that position because its mission resonated strongly with my desire to actively
contribute to "Improve the quality of life, public health and safety, education and economic growth for
native Hawaiians by providing tomorrow's broadband technologies today" (SIC's mission statement).
Being ofhalfHawaiian and halfJapanese ancestry, l personally experienced undue discrimination, both
as a Hawaiian and as a Japanese, while growing up during WWIJ which sensitized me in my early life
towards a career in service leadership that could bring about needed changes that would provide
minorities with the same opportunities as other Americans. After I graduated from the Naval Academy
and seeing the discriminatory policies still being practiced in the Navy when I entered the active fleet in
1959, I decided to remain in the Navy and focus a major part of my goal in the Navy to change this
discriminatory atmosphere, against women and racial minorities. I am proud to say that the Navy has
made great strides in achieving this goal in my 35 years of service. The achievements of the 442nd,
during and after WWII, went a long way to achieve this needed change for the Japanese Americans and
they became my role model. -aut native Bawaiians are still struggling. like my past role as a Trustee of
the Kamehameha Schools, I felt compelled to take on this role at SIC because I foresaw it as a cataly$1:
for generational changes for native Hawaiians.
I retired from SIC in 2013 to become a full time babysitter for my grand-daughter while my daughter
attended nursing school in Northern California. Having known and worked for AI Hee for nearly 20
years, I humbly request the Court's consideration for leniency in his sentencing for the reasons that
follow.
Prior to 1995, many of the existing beneficiaries of the Department of Hawaiian Home lands (DHHL) in
remote rural areas were without telephone services because the then service carrier, GTE"Hawaiian Tel;
required these beneficiaries to personally pay for the construction of telephone lines to their properties.
Many ofthe other beneficiaries were served with party lines {multiple telephones on the same phone
line). Additionally, DHHL had to pay for the cost and expense of constructing telephone lines by GTE
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Hawaiian Tel in new residential subdivisions, thus limiting DHHL's goal of building new residential
subdivisions. When the Chairman ofthe IiHHL asked Al Hee ifthere was a way to improve the
telecommunications services on Hawaiian Home Lands without passing the significant additional costs
to the beneficiaries to rebuild their then out-dated telecommunications infrastructure, AI spent a
significant amount oftime, effort and.his own resources to research and meet with federal officials of
the Department of Agriculture Rural Utilities Service {RUS) and the Nation;;.! Exchange Carriers
Association (NECA) to start the process of having SIC designated a Rural Local Exchange Carrier (RLEC) to
qualify to receive subsidies from the Universal Service Fund {USF) to repay the construction loans that
would be used to build the new telecommunications infrastructure on HHL After AI was issued an
exclusive license by DHHL to build and operate a broadband telecommunications network on HHL, it
took him nearly three years ofdue diligence by the DHHL, PUC, RUS, and the FCC to have SIC designated
an RLEC, receive RUS construction loans, and receive USF funding. AI was driven by a strong
commitment to fulfill the mission of SIC as indicated earlier and despite difficulties associated with this
long and drawn-out process, he never gave up because he was determined to do all he could to help
reverse the trend of Native Hawaiians, who are currently over represented in nearly every negative
measure of well- being, including high unemployment rates, health problems, excessive school drop-out
rates, drug and alcohol abuse, spouse and child abuse, and high incarceration rates. He envisioned that
a state-of-the-art telecommunications system throughout the DHHL would be a critical tool to reduce
these statistics through the introduction new technology, such as distant learning, high capacity data
and video capability and telemedicine. Today, 100% of SIC's network is completed on Molokai and
Kauai, 40% on Maul, 20% on Big Island and 10% on Oahu. An undersea cable linking these ftve islands Is
100% complete- and today, SIC is serving approximately 3500 customers, many in neighbor island rural
communities, with capabnities they never had before and at costs comparable to telecommunications
services in the Honolulu urban area. But as you can see, the work is not over and will continue to need
Al's assistance, particularly on Oahu, if the company is to complete its mission.
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e. The DHHL community of 200 ranch lots in Puukapu on the Big Island had no land-line telephone
and internet service. GTEHawaiian Tel had to.ld the ranchers that it would cost about $30,o
per rancher to install poles and string telephone lines to their properties. AI Hee responded to
the ranchers and today the ranchers enjoy not only telephone services but high speed.internet
services as well.
f. The remote DHHL community of Kahikinui, located on the south side of Haleakala on Maul, is a
community of pioneering families occupying 5-acre hillside lots and committed to restoring the
life, beauty and productivity ofwhat was once a thriving community of2,000 native Hawaiians
before "post contact" abuses decimated both the population and the productivity of the land.
With no commercial electrical power, no cell phone service available, and only rough roads
resembling foot trails that took 30 minutes to traverse down from their homes to the main
highway, the community requested help from AI to install a telephone service that would not
only provide emergency calls but also to improve their quality of life. AI responded by installing
telephone and high speed internet service through an innovative network ofunderground
distribution to each lot with solar powered microwave shots back to SIC's major network.
g. AI has generously contributed to Native Hawaiian schools and organizations through the many
fimdraisers scheduled every year. He has also requested and aTiowed his employees to
volunteer to assist a Native Hawaiian Charter School in He'eia clean the new school sight during
working hours.
There is no question that AI Hee Is a true entrepreneur and a determined business person who is
committed to succeed in business. As such, he has experienced disagreements wlth hls competitors,
such as HEI and Hawaiian TelCom, as well as with the FCC. He has been perceived to be a difficult
person to deal with in business, but his personal qualities reveal a very caring and generous individual
who will give you his shirt right off his back.
a. Whenever any employee has medical or other serious problems, AI would get personally
involved to ensure that the individual was provided assistance to the maximum extent legally
allowed. These are just two examples.
{1) He personally assisted a worker that had become addicted to ICE by finding a program to
help him remove his addiction. The worker was successful in curing his addiction for leEand AI found a place for him to live to get away from his friends who were on drugs.
{2) Another worker had serious medical problems but could not afford to be unemployed. AI
dii'ected the Ulrector ofHR that after all of her siCk leave and lawful benefits that allowed
her to remain a full time employee had expired, he set up a program that allowed her to be
a part time worker who can be hired to do essential work until she could recover fully to be
a full time worker again. Her recovery was slow but Al's compassion allowed her to
maintain an adequate quality of life.
b. While the pay of his employees are comparable to other companies of similar size, he has
provided all of his workers with one the most generous benefit packages.
c. For most of the years I
for AI, he kept his salary at a low level as the company suffered
the groin pains of a start-up company. As the owner and President, he was legally entitled to a
larger salary but never took it until recent years.
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d. AI owns a home in Enchanted lakes that would be considered a moderately priced home by
Hawaii standards, in which he remains comfortable. He does not like to travel or attend large
events, unless there is a business necessity or contributes to the Native Hawaiian organizations.
I mention this because, from what I observed, he does not have a lavish life style.
Because of his past contributions and strong commitment to assist our native Hawaiian people, I humbly
ask your consideration for leniency.
Thank you for taking time to read my request and for your consideration.
Very respectfully,
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lead by example and with honor. At the Naval Academy, we were instilled with and operated
under an "Honor Concept". The Honor Concept placed the decision as to what was right and
wrong upon the individual- it basically said that you as an individual know if something you have
done or are about to is unethical or dishonorable, and you alone are responsible for your actions.
West Point has its "Code of Honor"), which is similar but with more specifics as to what constitutes
an honor violation. These systems are more than "lip service" - they are part of our service
academy culture that an officer has to be trusted. During one period, SIC had 5 service academy
grads, including, AI, as the company's senior managers. AI told me once that the reason he hired
all of us service academy guys was that he could focus on the business strategy because he knew
that he could trust us to collectively run the company. That trust continues to be mutual.
Upon graduation from the Naval Academy, I was commissioned as a Second Lieutenant in the
U.S. Marine Corps. I spent 5 years in the Corps. In April1965, President Lyndon Johnson ordered
the Third Marine Division, primarily my battalion already afloat in the Caribbean on the USS
Boxer, a helicopter carrier, to intervene in the Dominican Republic civil war that broke out on
April 24. Violent clashes were taking place in the streets of the capitol, Santa Domingo,
threatening the lives of American and European civilians. We began evacuating American citizens
to our ship, and when our embassy came under attack on April 28, my company was the first to go
in. Other elements of our Third Division and the Army's 82"d Airborne Division joined my
battalion a few days later to protect foreign and local civilians, and to establish a line between the
warring factions to restore order. Government rule was restored by September. While 44 Marines
and Soldiers were killed during that short conflict, I reflect now in the 50th anniversary year of
that conflict with a strong conviction that our intervention was absolutely necessary, and I feel
good that we were able to help people - Americans, foreigners, and the local population -- when
they were in great need and there was no one else to help. Although the missions of this first
Marine combat experience 50 years ago and that of my experience in SIC are, of course, much
different, there is a lot of similarity in the feelings of pride, duty, and commitment in helping
people where nobody else was going to step up.
That sense of helping people was not with me during my last tour in the Corps, when I served as
a Marine infantry company commander. The guiding factors there were to carry out your assigned
objective, but prioritize taking care of your troops and keeping them alive. Sadly, I lost 10 fine
young Americans during my 6-month stint in the field, before being assigned to the Division staff.
A United States strategic vision was totally lacking. We simply went out every day with an
assigned objective to "search and destroy" or "make contact". I contrast this with my experience
at SIC, where the vision set by AI has always been clear, and I knew and felt good about my
mission.
Following my Marine Corps service, I spent 16 years with AT&T on the mainland, requiring
frequent moves for my family. I had key management experiences in running large engineering
and operations functions and ended my AT&T career with starting and leading a new sales and
2
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marketing organization covering the western states, including Hawaii,. In 1984, I accepted a job
with GTE Hawaiian Tel to start a new marketing department, and we moved back home. We
finished rebuilding the family home in Papakolea, where we live today. I accepted community
leadership positons and just stepped down last year, due to term limits, from the board of the
Papakolea Community Development Corporation (PCDC), a 501c3 organization which manages
the community center and park, creates economic development activities, and supports community
center health care, youth, and kupuna programs.
I spent 10 years with GTE, including a 2-year stint at GTE' s headquarters in Stamford Connecticut,
In 1991, I became GTE Hawaiian Tel's Vice President of International and Federal, overseeing a
multi-portfolio business that include a private telephone network for DOD serving 50,000 official
lines within the Hawaiian Islands, an international long distance business line, construction and
installation of overseas telecommunications networks for US military bases in Asia Pacific, and
Micronesia Tel, GTE' s telephone company subsidiary serving the Commonwealth of the Northern
Mariana Islands. Interestingly, Micronesia Tel borrowed over $80 million from RUS during my
tenure, even though it was part of the multi-billion dollar GTE Corporation.
Living in Papakolea and serving on community boards has given me good insight into the needs
of the Hawaiian community. I am very aware of the high unemployment among our community
members, particularly among working age young men, and the low achievement scores of our
Hawaiian keiki in our schools. Health problems of native Hawaiians are also high on the priority
needs to be addressed. AI Hee' s vision and the programs and resources he has assembled are all
about addressing these needs: economic development to improve the employment situation, tools
to enhance education, and improved access to health care programs.
From the day I first met him back in 1997, and still to this day, A1 Hee's vision and direction has
always been to provide services that will benefit Hawaiians who would otherwise be left behind
concerning access to those services. When I first joined SIC in March 1998, SIC had a staff of
less than 10 people and no telecommunications expertise except for myself. Contrary to slanted
press reports that AI Hee ruled his company with an iron fist and was involved in every decision,
my experience in SIC was the complete opposite. AI had spent several years prior to my arrival
in developing a master network plan which was approved by the Rural Utility Service
Administration (RUS), and under which funding would be released on a project by project basis
as they were sent to the RUS for approval. Al's guidelines to me were clear and specific: "follow
the RUS approved Plan, make sure you follow the procurement and regulatory rules and have
service at the highest quality level ready for the communities when required." We fully complied
with the government rules requiring approval of each project design by federal government
engineers and competitive procurement with sign off by the federal government engineers for all
projects. Alleft the details of the building and running of the company to his management team.
This goes back to the mutual trust issue that I cited earlier. As I look back today, I am amazed at
the network that SIC has built. We went on to put in infrastructure to serve an additional 20-plus
communities. SIC funded the infrastructure under the government programs that AI put together.
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Recent slanted media reports have made big deal of the large amounts of money that AI brought
in, insinuating that this was AI Hee's personal piggy bank. Judge Mo!Iway, $166 million of that
funding was in the form of loans from the RUS, which SIC is charged with paying back with
interest. Every dime of those funds borrowed went to put in real equipment and infrastructure to
serve SIC's HHL service area, in accordance with project designs and competitive procurement
processes that were approved by RUS. I know firsthand, because either I, or my qualified SIC
colleagues during the time I was away from SIC, were in charge of the projects and the
procurement process. I was not involved in any of the reimbursements from the FCC Universal
Service Fund (USF) program, which SIC is eligible for as a Rural Telephone Company. I am
confident, however, that our Accounting folks and Regulatory consultants through their oversight
and annual audits, have insured that SIC has always been fully compliant with all applicable Code
of Federal Regulations (CFR) associated with the use ofUSF. Beginning is 2003, SIC has received
$242.5 million to date in USF. These funds help to offset the capital costs and associated finance
charges of the RUS loans, and operational costs in providing service to SIC's HHL service area.
Yes, SIC has received over $400 million in government funding in the form of loans and USF
support, but that money has all been spent to build real infrastructure and provide much needed
service to HHL beneficiaries.
In addition to the government funding for the terrestrial infrastructure, AI put together private
financing to build the interisland marine fiber cabling system interconnecting the islands of
Hawaii, Maui, Molokai, Oahu, and Kauai. This latest technology, high quality system,
interconnected with SIC's terrestrial network funded by government programs, will insure that
native Hawaiians have access to the increasing broadband support they will require for economic
development, health care, and education for many generations in the future. While the network
built under AI Hee's vision was intended for service to native Hawaiians, continuing technology
advances in fiber-system electronics allow more and more bandwidth to be carried over the
terrestrial and interisland fiber cable infrastructure. AI' s vision to serve native Hawaiian has
resulted in his enabling a resource that will benefit the whole state. That was proven in 2011, when
the interisland cabling system used by Oceanic Cable for TV broadcast on the neighbor islands
was cut, and AI made a portion of the Paniolo Cabling System immediately available to Oceanic
to support its requirements until repairs could be made to its own cabling system. In a talk to Native
Hawaiian business leaders at the Council of Native Hawaiian Associations (CNHA) in August
2014, AI suggested that it may be decades before people realize the benefit to all of Hawaii from
the infrastructure that he has provided.
There are many examples of the benefits that Al's vision and companies have provided to
Hawaiian Home Lands. First, is the cost savings to DHHL. Prior to SIC, DHHL, or in some cases
- the beneficiaries themselves -- had to pay the dominant telephone company to bring in the
necessary infrastructure to serve an HHL community. Under the government programs, SIC
invested over $50 million in underground distribution to serve the new communities that were
developed with support of the $600 million settlement DHHL received from the State. SIC's
financial contribution represents real savings of dollars that would have to otherwise come from
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DHHL or the beneficiaries. While all communities served by SIC have received benefits of high
broadband Internet access and lower prices, there are 3 examples in particular that I will site as
underscoring the importance of Al' s vision to make sure that native Hawaiians are not left behind.
These are 3 projects in which I was personally involved:
Pu'ukapu is an HHL community of 200 agriculture and pastoral lots of 5-200 acres,
adjacent to the town of Waimea on the Big Island. I found out from one of my
Kamehameha Schools classmates at a reunion in 1999, that this community had no
telephone service, and that Hawaiian Telcom had quoted the beneficiaries a price of
$30,000 per lot to bring in telephone service. They went without telephone service and
relied upon sporadic cell phone coverage for communications. With RUS approval and
financing, and Al's approval, I negotiated the purchase of an Alcatel-Lucent switching
center, housed in a modular building, from Tel Hawaii, an Alaska rural telephone company
that had activated its switching center at Na'alehu, near South Point. Tel Hawaii had made
a large investment in equipment and infrastructure to provide service to the underserved
residents of Ocean Estates and the general south Hawaii area. After several years of
frustrating legal battles with Hawaiian Telcom, which fought Tel Hawaii's operating
license approval from the Hawaii PUC, Tel Hawaii assessed that they would not be able to
overcome the obstacles in Hawaii's business and political climate. Tel Hawaii, already
having spent millions of dollars to serve the south Hawaii area, decided to cut its losses
and pull out of Hawaii. We purchased the self-contained modular switching center and
other assets from Tel Hawaii at a fraction of the cost of a new central office building and
equipment, relocated it to Pu'ukapu, put in the necessary infrastructure, including
underground conduit to house cabling and a very long power "extension" cord of several
miles to remote equipment (Pu'ukapu has no commercial power), interconnected the
system to our network, and placed the office into service. Within a year after learning that
Pu'ukapu was unserved, with the programs accessed under Al's vision, we brought service
to this rural Hawaii/America community at no capital outlay to DHHL or to the residents.
Today these residents still have no commercial power, but their lives have been improved
significantly by access to high quality telephone and internet service.
This achievement underscores the significance of Al's vision to insure that Hawaiians are
not left behind, the importance of the government programs that SIC has access to, and that
AI and SIC were doing exactly what Congress had intended in establishing the RUS
financing and USF support programs - that rural America must not be disadvantaged in
access to modem utility services. It also shows how Al' s knowhow and tenacity were able
to successfully overcome some of the regulatory and political obstacles that, sadly, caused
a very qualified and experienced Alaska telephone company to abandon its interest and
investment in Hawaii.
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Kahikinui. In early 1999, SIC management met with leaders of the remote HHL
community of Kahikinui, located on the south side of Haleakala on the island of Maui.
Kahikinui is a community of pioneering families occupying 5-acre hillside lots and
committed to restoring the life, beauty and productivity of what had once been a thriving
community of some 2,000 native Hawaiians before "post contact" abuses decimated both
the population and the productivity of the land. With no commercial power available,
rough roads resembling wide foot trails that took 30 minutes to traverse down from their
homes to the main highway, and no cell phone service available, these leaders were
concerned about the basic safety issues for their families, like how do they get help if there
is an emergency. SIC developed a unique solution, consisting of microwave radio links
from one of its Maui central offices, solar power for its equipment hub within the
community, and underground distribution infrastructure to each lot. Service was
inaugurated in early 2000, and today Kahikinui residents have access to not only telephone
service but also high speed Internet.
Molokai. The company's Molokai-service story continues to evolve, and is perhaps the
broadest representation of the service benefits that AI Hee's companies have been able to
deliver to a previously underserved population. While the state's dominant telephone
company focused its resources on the more profitable and easier-to-serve larger cities and
towns, service on rural Molokai was lacking. Internet service was generally not available
or very slow. SIC used its access to RUS and FCC funding support programs to deliver
high quality broadband services to the Kalamaula and Ho' olehua communities within its
designated HHL service area beginning in 2000. As word spread among the closely knit
Molokai population that SIC customers had access to high quality broadband services, SIC
began to receive requests for its services from residents within Hawaiian Tel com's service
area, including those residing on HHL lands who were existing (pre-SIC) customers of
Hawaiian Telcom and only hand antiquated dial-up Internet access via the analog telephone
line if they wanted service.
In 2007, SIC's then CEO, Admiral Kihune, met with Hawaiian Telcom's then CEO, Mike
Ruley, to address the need to improve service for the HHL residents within Hawaiian
Telcom's service area. Mr. Ruley responded with words to the effect that "tell them to
stand in line with the others at the PUC". Consistent with his vision to insure that native
Hawaiians have access to needed broadband services and recognizing that the incumbent
was not going to deliver that capability to its constituents in HHL Molokai communities,
AI Hee authorized SIC's affiliate, ClearCom Inc., a Competitive Local Exchange Carrier
(CLEC) which was not restricted to SIC's service area, to provide broadband services to
the HHL beneficiaries on Molokai that were outside of SIC's service area. ClearCom
continues to provide that service today. Of all of the communities that SIC serves
statewide, Molokai has the highest penetration percentage of SIC's Internet service users
-underscoring the demand and need for broadband service in rural communities.
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From a professional viewpoint, AI is probably one of the greatest visionaries I have ever known.
Internally in the company, we senior managers often comment how this guy always seems to be a
couple of steps ahead of us and has thought through, long before us, the critical tasks or obstacles
we need to address to achieve a major milestone of his vision. I related my Marine Corps
experience earlier with emotional reflection to convey that I have experienced working in tough
environments and the differences when the mission was good and not so good. I have also seen
my share of leaders, extending beyond the Corps to my civilian career --- good leaders and not so
good ones. AI Hee has been a very good leader, instilling within his company a commitment to
the mission to serve Native Hawaiians and a sense of both accountability and mutual trust. At the
Naval Academy, we were indoctrinated with a tenant that a ship embodies the traits of its captain.
That is certainly true at SIC. We are a Hawaiian company with Hawaiian values. I see the
commitment to AI's vision to provide benefit to native Hawaiians even in our employees who do
not have Hawaiian blood.
AI has created a work environment where there is probably as much a sense that we are family as
we are a business. It is interesting but not surprising to me that among our employees, AI' s
conviction has not resulted in negative gossips "around the water cooler" about him; nor has there
been a bailing out of the company by employees. Al's conviction has led to more a sense of "auwe
- we are saddened that one of our family whom we care for so much is in trouble, and we will
stick together as a family in mutual support, and dedicate ourselves to our mission to serve native
Hawaiians". During the past year of stress for him in preparing for and going through the trial, his
now 1-year old granddaughter, Roselani, has been continually at his side or on his lap. It is
probably unique in the business world to have the senior executive of the company hold business
meetings with a smiling baby on his lap. I think it is wonderful, and represents how important his
family is to him. He also has a new grandson, Kea'u born in July. Al's family, like mine, is very
close. I know that this whole ordeal has been very hard on them, but they are strong and will stand
together in support of each other and their dad.
Judge Moll way, I offer no excuse for any mistakes AI Hee made that led to his conviction. AI is
a good man, however, whose vision, commitment and perseverance have helped to improve the
lives of many others. I know that he is committed to using his exceptional ability to continuing to
improve the lives of other for the rest of his life. As you evaluate the appropriate sentence for the
tax crime of which he has been convicted, I simply and respectfully ask that you judge AI Hee not
solely on the basis of his mistakes brought before your court, but on the totality of the goodness of
the man as I have tried to convey in this letter.
With sincerity and great respect,
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opportunities of growing SIC, I was able to correlate the sentiments of my former colleague as she always spoke
about the positive impacts of broadband and telephone service and what it meant for her family to be 'connected
to the world'. They live on a six acre parcel several miles outside of Waimea on the slopes of Mauna Kea where
no land line service was available prior to SIC.
For me, accepting the position to join SIC was not just a professional opportunity, but an opportunity to give back
to my people! I believe that what SIC does and will do in the future has a direct impact, not just for native
Hawaiians but for the State of Hawai'i as well. Without someone like Albert's vision and fortitude, the SIC
telecommunications network would not have happened in our lifetime! I always believe that many would say
that if Albert were haole, he would be called a successful entrepreneur, but because he is part-Hawaiian, people
misunderstand his business savvy and wit.
As a certified Human Resources professional, I could not in good conscious pen a letter to you, without my 100%
support of Albert Hee. If there is anything unethical, fraudulent or criminal about Albert, I could not in good
conscious continue to work for SIC. This is why I intend to continue serving as the company's Director of Human
Resources. In addition, Albert's HR philosophy is to provide local jobs that will help grow and develop staff, even
if it means that they take on bigger professional opportunities in another Hawai'i company. He is a generous,
compassionate and kind employer.
and family medical situations. Albert believes in providing benefit coverage long past FMLA requirements and
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several of our company benefits provide spousal coverage so that our employees do not worry about loss of
coverage if their eligible family member is affected. Albert truly wants what's best for each employee and their
family.
I plead and humbly ask for a lesser sentence. Albert has done a tremendous amount for our company and for
others in the community. Please consider community service and probation in lieu of sending him to prison.
There is much work to be done and he could continue to best serve Hawai'i out of prison, then in prison.
Sincerely,
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was of the mindset that anything, whether it be a product or a service, that will help and benefit the
Hawaiian lahui and communities would always be a good thing. However, at that time Uncle AI felt
there was a better fit for me elsewhere and so upon his recommendation, I went to work for a
consulting company (Hoakea dba Ku'iwalu) that did consulting and cultural resource management and
SIC was one of their clients. I was very happy to be newly out of college and to have a job that I
ultimately very much enjoyed. It still allowed me to be connected to the Hawaiian communities and I
felt that what I was doing in my capacity as an employee for Ku'iwalu was contributing to the greater
good of the Hawaiian community.
I worked for Ku'iwalu for almost 2 years and then an opportunity arose for me to work for Waimana
Enterprises, Inc. There was no hesitation to move over because of the financial benefits that I saw
working for Waimana. Waimana was an established company and I was offered an Administrative
support position with a higher salary and the benefits package was very robust making for an overall
attractive package. So I moved over and luckily the transition was very easy because Waimana rented
out office space to Ku'iwalu on the same floor; so I continued to work with the same people that I saw
every day. I worked for Waimana for about a year and a half and surprisingly I was offered a position to
return to Ku'iwalu. I accepted because I wanted to gain more experience in cultural resource
management and to again engage directly in the Hawaiian community. It's really what I loved to do.
Then in 2008 life as I knew it changed dramatically. In August of that year my mother passed away and
three weeks later I gave birth to a baby boy who was 4 months premature. He was a tiny lib 7 oz and
was very, very sick and had many challenges. Each and every day was a battle for his life. The stress of
my mom's death and the very early arrival of my son took its toll on me, my husband and my whole
family. But through that entire ordeal Uncle Al's support was unconditional and unfailing. He was
familiar with the emotional distress that caring for a preemie involved because he had gone through
something very similar
. For a man to be in such a position as his, to be at his executive
level, and still be able to make himself available to me (and anyone else who needed him for that
matter) was appreciated and very comforting. At times he even came to visit me and my baby in the
hospital. I will never forget that. My life was in turmoil for many months and I can honestly say that
through that entire season he was THE ONE constant in my life. He was like a rock that grounded me
when I often felt confused, lost and just emotionally drained. He would always give me the best advice
and it helped me navigate through a very difficult period. I will always, always be thankful for and to
him.
My employment with Ku'iwalu eventually ended because I needed to focus on getting my baby healthy
and he needed a lot of therapy and care. But when I was ready to return to the workforce, an
opportunity to return to Waimana again in an Administrative support role opened up. This was in May
of 2009. At that point in my life my priorities changed and my only concern, now as a mother, was being
able to provide as best as I could for my family. Waimana's benefits package would allow me to do that.
I always remembered Uncle AI saying that he chose to stay and live in Hawai'i because we have a unique
culture and community here. We are not like the mainland. And when he first went into business he
envisioned a company that provided enough benefits to its employees that would allow them to be able
to work and live in Hawai'i and still be able to raise their families here. With the cost of living in Hawai'i
so high, and now that I had become a mother, I finally understood what he meant. I am appreciative of
the employment opportunities that ITe. afforded me. Uncle Al's generosity and willingness to employ
family (hanai as it is) didn't only stop with me, his companies also provided opportunities for other
members of my immediate family to work here. Both my father and sister-in-law (brother's wife) work
for SIC in different capacities and have been doing so for many years.
PageID #: 4790
My growth as an employee and the opportunities to gain new skills did not stop when I moved over to
Waimana. I always felt so fortunate to be able to work for Waimana and its family of companies and I
knew this is where I wanted to stay for a long time- possibly even for the rest of my career. And
although I loved my job as an Administrative Assistant, I wanted to contribute more to the company's
operations and at the same time grow professionally. In 2011 another opportunity surfaced that
allowed me to move into the Human Resources Department. I never envisioned that I would be in
Human Resources but this is where the path Jed me.
After a "trial period" and deciding that the HR field is what I wanted to pursue, I moved towards
obtaining my certification as an HR professional. The company in combination with the State of Hawaii's
Employee Training Fund covered the costs of classes and materials to prepare for the certification exam.
The classes were held once a week for a few months and in between we had study groups that met once
or twice weekly. Uncle AI allowed me to utilize a board room after office hours as a place for my study
group to meet. This private space helped to provide a comfortable and safe environment in which my
group was able to really focus. He allowed me/us to use the projection screen, hook our laptops into
the internet and even have teleconferences with study group members that wouldn't be able to make it.
All of those tools would otherwise be unavailable to us if we had to meet in a public space like a park or
a coffee shop. In 2013 I obtained the highly coveted PHR certification from the Human Resources
Certification Institute (HRCJ). It is a very difficult 3 hour sitting
had such a
huge impact on my life. Uncle Al's philosophy in regards to his employees is to malama them. His
philosophy created a culture within our company that genuinely cares for the employees, especially
those with health issues. I use myself as an example. Last year I became pregnant. And with the early
arrival of my first son in 2008
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able to continue to provide financially for my family without sacrificing much in our day to day and not
have to worry about any additional burdens. I was able to focus on my pregnancy and the health of my
baby. With the company's support I was able to deliver a healthy baby who had no challenges or
complications. I can't express how much of a blessing that was to my entire family!
Another company benefit that assists so many of us as employees is SIC's generous 401k plan. And again
1 can attest to this personally. I have been contributing to the 401k plan and using it as a savings tool
with the intention of purchasing a home. Last year, my father transferred to me his Hawaiian Homes
Undivided Interest Lease_in East Kapolei JIB. Although I'm a current lessee my subdivision, Kauluokaha'i,
is still being built out. The projected timeline for completion of the project is August 2016. The 401k
plan that the company offers matches my deferrals and when I receive notice that the lots are ready for
home construction, I will be able to take a withdrawal from my 401k and apply it towards the purchase
of my first home. That in itself is a miracle- the idea of homeownership for me always seemed like a
distant dream because of the high cost of housing in Hawai'i. But because of the resources available to
me, especially through the company's generous benefits, I am close to that dream becoming a reality.
Again I credit Uncle AI and the company's generosity with this dream coming true.
Also, as a future homeowner in a DHHL subdivision I look forward to the services that SIC will be able to
provide. SIC has already put in the infrastructure to be able to provide telephone and internet services
and my understanding is that our services are comparable and maybe even better than that of the
services that I'm so used to, coming from urban Honolulu. Moving out to Kapolei (considered a rural
area) will already be a big change; but the comfort of knowing that I will not have to settle for less
services just because we live in a "rural" area will make the transition smooth and easy for my family.
My husband and I can focus on starting our life in a new home and continue to raise our sons.
I believe that without the services that SIC provides to the Department of Hawaiian Home Lands'
lessees, the modern day conveniences of today's technological world would be unavailable or
alternatively be made available at very expensive costs. Our services and contributions to DHHL's
Hawaiian communities is vital and important to the lives of the lessees. I believe that improving the
lives of the Hawaiian lahui ultimately improves the lives of all of Hawai'i's people.
I support Uncle Al's mission and vision for his companies because I believe them to be honorable and
noble. And I personally know him to be a man of his word- a man who is honorable and noble. The
unknown impacts of sending him to jail will be detrimental and harmful to many people and it will likely
be far-reaching. I think of all the sacrifices he's made to see that this company grows and those
sacrifices have come at a cost to his family. My heart goes out to his family and I worry about the future
of my own family, the future of our employees and our employees' families. So much of what he's built
hangs on his leadership and his vision. He has been an integral and very involved part of the everyday
operations of this company.
In closing, I beg for leniency in sentencing. I would humbly request that his sentence be minimal and if
Your Honor sees fit, a sentence of probation. I thank the Court for considering my statement as you
deliberate the fate of this beloved man.
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PageID #: 4793
look at the management of a company. He is fair with his employees, almost to a fault. He
looks for local talent and has recruited them from the mainland. I have seen employees leave
SIC for better jobs or to form their own business ventures, all with his support and
encouragement. He even keeps in touch with them after they leave. He believes in local
people and will assist them whenever he can.
I humbly ask for your consideration of leniency for Albert Hee. He has devoted his adult life to
better the lives of others. He is a talented individual who found a way to improve our
community by bringing in needed utility services and financial funding to Hawaii. Building a
telecommunication's infrastructure and a successful business is not a skill set that many of us
have. I have known Albert Hee for quite some time and he is a pretty forthright and honest
person. He does have a strong personality and has never shied away from a fight when he
believes in something or someone. You probably need that skill set if you are developing
projects of the size and magnitude like SIC. However, this same tenacity can also be viewed as
a weakness which is why when you ask people about Albert Hee, people either like him or hate
him. Not sure there is any "in-between".
Please also take into consideration that Albert Hee never concealed or hid his expenses to his
accountants or the IRS. He thought that the IRS would tell him if there were problems with his
deductions and then he would correct them. Albert Hee works with federal auditors all the
time because SIC gets audited annually (as part of receiving USF federal funds). I think he truly
thought that he was being straightforward and open with the IRS and that if there were any
compliance problems, they would bring it to his attention and he would correct them. This is
the way the FCC/USF federal audits of SIC are required to be handled. Ironically, the extended
audit (which started in 2006 with the audit of SIC) and criminal investigation of his companies
(which ended with indictments filed in 2014) allowed the expense deductions at issue, to
compound annually instead of being immediately addressed. This created a significant tax
exposure that became the basis for the criminal indictment. It just doesn't seem right to
incarcerate a contributing member of our society because you don't agree with the itemization
of his business expenses. There must be a better way to address this problem.
Thank you for considering my letter as you deliberate on Albert Hee's fate.
PageID #: 4794
My husband and I are now both employed with Sandwich Isles Communications. Before this, our
career paths were taking a toll on our finances as well as our time with our kids as the construction
business is unpredictable and this was a very hard time for us. Our previous employers were not as
caring. It was very hard on us as we had to work late hours and I had to miss my children's sports
activities as well as pay extra for after school care because my husband and I could not make it on time
to pick them up. Knowing Liko from elementary I knew that Uncle AI owned a business, though that was
all I knew. I didn't know the mission of the company however I was so fortunate that Uncle AI offered
me a job. More importantly he let me know that this "job" would be an opportunity to start a career and
develop my skills and interests. I can now say that I am thriving in my job and fee/like I am making a
difference in the community. My family life is secure and I do not have to miss out on important
occasions anymore. Not too long after I started with the company, another job became available and
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fortunately my husband was hired. We now are in the process of being first home buyers and starting a
new chapter in our lives with our three children. We will forever be grateful for the opportunities Uncle
Albert Hee he has provided us.
While being employed at Sandwich Isles I've come to understand my Uncle's vision with the
company and how it was and is still to this day to benefit Hawaiians on homestead lands. In an
emergency situation a single telephone call can be the difference between life and death, and with the
help of Sandwich Isles Communications providing phone service to rural areas, it has life saving
potential. Not only are the land lines life savers so are the wireless phones. My grandmother is a
customer of Sandwich Isles Wireless and thank goodness for this because one night while driving she
ended up veering off the road and getting stuck in a ditch. Luckily a Good Samaritan stopped to help
and my grandma was able to borrow their phone to call for help. Now that she has her own cell phone
she has it with her at all times and it's very affordable.
My past and current situation is strongly intertwined with the outcome of Uncle Al's trial, both
personal and professional. Liko and I just had our daughters and I've never seen my Uncle so happy
when her little girl was brought into this world. She is definitely the apple of his eye and it is amazing to
watch her and his bond grow. My heart breaks knowing that there is a possibility that his granddaughter
may Jose time with her grandpa because of this situation. Not only will this impact her but their entire
family, my aunty, my best friend!
In closing I ask for consideration to please provide the minimal sentence that can be handed
down. My uncle is a good caring man. He works to serve and provide for others not just his family and
friends. He is passionate and strong willed and will forever lend a helping hand to anyone that needs it
and will never stop giving. I thank you Judge Mollway for considering my statements and please take it
into account as you deliberate a fair and compassionate sentence for my Uncle Albert Hee.
Crysta I Castillo
PageID #: 4796
Lori Aguada
PageID #: 4797
This case has impacted Albert's life because it has taken him away from fulfilling SIC's mission
to provide native Hawaiian residents with affordable access to telephone and advanced
broadband services. He always tells us he "lives to work" and it shows by his dedication to his
companies, employees, customers, and our community. If Albert is incarcerated, this would
have a negative effect on SIC and its ability to fulfill SIC's mission. The future of SIC's
subscribers and employees could potentially be in jeopardy if any outside funding is affected by
this case.
I would ask that you please consider giving Albert Hee probation or the lowest possible
sentence. I believe that both the Hawaiian community as well as Albert would be better served
by the imposition of a period of probation so he can continue to fulfill the company mission and
continue to help ,native Hawaiian residents. Thank you Judge Mollway for your time and
consideration as you deliberate on Albert's fate.
Respectfully,
Lori Aguada
PageID #: 4798
Chief Judge
United
DiSVict Court
PageID #: 4799
William c. Lum
August 8, 2015
Al's giving me ajob helped see me through a very tough time In my life and got
me back on my feet financially.
The second reason I went to work for AI was because his company had a higher calling. Yes,
people need homes, as Hawaifs housing shortage continues to worsen with each decade. There are
numerous developers out there who can build homes. But people don't want homes without
infrastructure. AI was bringing in federal dollars to build infrastructure for one of the neediest segments
of our population, the Hawaiians. While I myself am only 1096 Polynesian, this mission resonated within
me. And he was and remains utterly committed to this mission; perhaps foolishly so, thinks the 90% of
me that is of Chinese ancestry. Due to regulatory changes in the last several years, it has become more
difficult for a rural phone company to thrive, let alone survive in the new telecom environment A
couple of years ago I, with my accounting degree from the University of Hawaii and MBA in finance from
Northwestern University, suggested to AI that perhaps it was time to cash out and sell the company,
which has valuable assets with the extensive communications network It has constructed. Without even
PageID #: 4800
thinking
it Al's response was, "No, because the companies who would be interested and could
afford it are all from the mainland or outside the U.S. and would not take care of Hawaiian Home Lands.
Al's good intentions and acts go beyond Hawaiian Home Lands. He has supported many other
causes from Native Hawaiian organizations, to charter schools, to youth sports teams, to his friends and
family.
1was with AI when he bailed out one his classmates from jail, enrolled him in two drug rehab
programs, helped him get an apartment and gave him a job for twelve years. (At one time I was this
guy's supervisor.)
On another occasion, AI made me a loan, (which I paid back in full,) so I could pay my kids'
private school tuition.
When his brother-in-law moved to Hawaii, his family of six lived at Al's house for over a year
until they could find a house. When his other brother-In-law got divorced and moved to Hawaii with his
two kids, they also stayed with AI plus AI loaned him a car.
When we were inputting data from the Honolulu Board of Water Supply's maps showing
abandoned water mains, I suggested shipping the work to India or the Philippines to save money with
cheaper labor. Instead AI chose to provide summer jobs at higher than minimum wage for college kids,
mostly Hawaiians from Kamehameha (even though the few from Punahou were more efficient.)
I could go on and on.
AI knows he made mistakes In filing his tax returns. While it's not a sufficient excuse, AI was
preoccupied by other important matters at the time. He was trying to mitigate substantial changes in
the telecom regulations, attempting to get the Board of Water Supply come to an agreement with the
Department of Transportation on the abandoned water mains, negotiating for the finance and
overseeing construction of a $125 million+ undersea cable network, and dealing with long-term health
issues and subsequent passings of his mother and mother-in-law.
In sentencing AI, I would ask the Court to fully consider 1) his health issues, 2) the effect it will
have on his employees and family, and 3) all the good that he has done for his family, friends,
employees, fellow Hawaiians, and the State of Hawaii as a whole
.'
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2)
I will try to address the effect Al's incarceration would have on the employees of Al's
companies, as well as the people those companies serve. While we have a very competent
senior managementteam (and I consider myself to be part of that team), AI is the guy with
the vision. The rest of us truly care about SIC's mission and are pretty good managers, but
in this new competitive telecom environment, vision Is more important than ever. AI is
gifted at being able see at the broad picture and determine which direction we should take
- for the company to keep moving forward and best serve Hawaiian Home Lands. There is a
big difference between managing and leading. Ails our leader, the leader. One of my major
worries is that if he isn't around to lead us, we (SIC, Waimana, Paniolo, ClearCom) are not
going to survive, or we will be a greatly watered down version. No longer will the priority be
providing Hawaiian Home Lands with the best telecommunications network in the State.
3) I mentioned previously how generous AI was in the compensation and benefits provided to
the people who work for his companies. If AI goes away our jobs may soon follow, 1would
guess that most of these employees will be hard pressed to find positions that provide them
with similar rewards. If AI is allowed to continue to run his companies, his employees'
benefit and the beneficiaries of Hawaiian Home Lands benefit, and society will be better
served.
4) Examples of Al's generosity and assistance to his family, friends and employees have been
cited above. But I don't know if it was made clear during his trial how his companies have
benefitted the Department of Hawaiian Home Lands {DHHL) and its beneficiaries. Basically
he provided the telecom infrastructure at no cost to DHHL Had he not done so, DHHL
would have had to directly or indirectly bear this cost and pass it on to its homebuyers and
tenants. In some cases, there were subdivisions with no water or electricity but they had
phone service. Telecommunications is not just for entertainment and enterprise, but is a
vital part of health and safety.
5) Beyond family, friends, employees and Hawaiian Home Lands, there is a strong case to be
made that AI has benefitted the whole state. His SIC network has brought into Hawaii over
$200 million in federal loans and his family's Paniolo Undersea Cable network was
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co.nstructedwith QVer $125 million in private. financing from the mainland. It is clear that AI
has helped boost Hawaii's e.conomy.
One mol'l! example of hoW AI Hee has helped Hawaii, In J.uly of 20.10 Oceanic TimeWamer Cable had its
undersea cable severed off of Kihei, Maui, interrupting service for approximately 400,000 customers of
Oceanic Cable. Repair of the cable cut took5 weeks, but service was re5tored within a day and
maintained during that 5 \o\leek5because AI allowed Ocean_ic to use the Paniolo Cable Network. Without
AI and Piiniolo, Oceanic would have been up the creek without a paddle, Because ofhim, cable, phone
al)d broadband s.ervicewas presel'lled for !)undreds of thousands of people.
Your Honor, in sentencing AI. Hee, please weigh his mistakes against his health; the effect his
incarceration would have on his friend, family, employees, and customers; and all the good that he has
done for this State. Thank you for your consideration;
Respectfully,
William C. lum
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a.
b.
2.
3.
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Kamakau School on a non-paved rural road deep in Haiku Valley of Kaneohe. A place
where the City's Emergency First Responders does not have an address (to this day).
But a place full of Aloha. This is also the place where the NFL Star Players came,
about 2 years ago, to help build their playground.
Residences at Kahikinui, a rural non paved 4x4 road community that is on the South
side of Kula on the island of Maui, where there is no running water or electricity.
I spoke with parents thankful for emergency phone services, provided by SIC, that helped to
keep their children safe.
And the list goes on ...
I have wondered and still wonder why the Star Advertiser has published articles of AI on its front
page. AI is not public enemy number one, but the Star Advertiser portrays him as one. One of the recent
articles was titled "Tax Cheat Albert Hee.... ". I feel that this negative publicity is unfair and uncalled for,
especially when the other side of the story is not provided. It has created a negative image of AI and has
people questioning me (and others at work) about the stability of our company and the character of my
Boss/Executive/Leader. I explain to them what Al's mission is and how our company is dedicated in
meeting this mission by providing state of the art telecommunications to the Hawaiian Community on
Hawaiian Homelands. A service that was not available before AI made it a reality and brought it home to
Hawaii. Then I watch as their attitude towards my Boss/Executive/Leader and my company changes as
they begin to listen to the other side of the story.
According to the media, Albert Hee's agenda is greed and not paying his taxes, centered around
his selfish agenda ... But those of us involved in the programs and companies he created, and those who
received these services which improved their way of life, know better!
I would like to thank the court and Judge Mollway for reading this letter and giving me the
opportunity to tell my side of the story on the one person who has positively changed many lives in the
state of Hawaii, including mine. Please considering leniency when sentencing my Boss/Executive/Leader
who puts all of us first before himself.
Mahala Straight from the Heart,
Project Manager
Sandwich Isles Communications
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PageID #: 4806
that Hawaiians are always on the short end of the stick, whether it be in
education, business, etc. In the same way that he wanted to help the
employees of Hawaiian Telcom, he was committed to providing the best
telecommunications service possible to those living on Hawaiian
Homestead lands.
As a Union leader, I understand the need to correct behavior, and I
understand the need to set precedence. What I also believe is that
everyone deserves a second chance. The Court has the right to impose
whatever financial obligations it deems appropriate on Mr. Hee. However,
any form of incarceration would be an overreach by the Court and would do
irreparable harm to Mr. Hee and his family.
I thank the Court for its compassion and consideration.
Respectfully Yours,
Q_.l-9--\f lT.._)
Scot F. Long
PageID #: 4807
Sovereign Councils
of the
Hee. To truly grow economic self-sufficiency, it did not take long to realize that the work of
Sandwich Isles Communications (SIC) has a direct correlation to our community goals of
economic self-sufficiency, with all of the related components of education, healthcare, social
services, and small business development in our neighborhoods.
In my role as a community organizer and homestead advocate, it was and continues to be
important to ensure that the telecommunications plan approved by the federal government in
2001 for our lands is completed. All of our goals depend on access to high speed broadband.
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Many of us in our homestead areas and in leadership roles are very aware of the impact of the
SIC telecommunications plan. Simply put, our families, our children, and the potential of our
economic sustainability in our rural areas are caste in that plan- we will either have broadband to
be relevant in a modem Hawaii that requires connectivity to have any degree of success, or we
will not and will suffer the obvious declines. Needless to say, it has been well understood by our
SCHHA leaders that Albert Hee, saw the challenges facing the residents of our neighborhoods
and the seriousness of what was at stake.
He applied the solutions in Hawaii, developed by our federal government that built the backbone
of communications and utilities for the vast farm lands in the Midwest, addressing a critical
challenge for Hawaii's rural lands across the state, that the state is constitutionally mandated to
serve.
Perhaps an obvious solution, but one that no other Hawaii citizen or business had sought to bring
to our state and to the tens of thousands of rural residents, to the much ignored lands designated
in the Hawaiian homeland trust. It would not be an exaggeration in this day and age, to say that
broadband is not a luxury, it is life and death on so many emergency levels, and in the success in
daily life, whether bandwidth for our kids educational achievements or our ability to build and
operate successful small businesses inside our communities.
I have become aware of the recent tax case, indictment and upcoming sentencing of Mr. Hee
through the media and the many discussions amongst our homestead association leaders at the
SCHHA. The impact of Mr. Hee's tax case is having a very negative impact on our homestead
areas, not just in all of the confusion and anxiety, but in a very real threat to the success of SIC.
Just recently, the Public Utility Commission (PUC) denied the annual certification of SIC as an
eligible telecommunications carrier! This is devastating to our communities, and threatens the
full implementation of quality broadband expressed in the 200 I Telecommunications Plan. Our
community leaders are extremely concerned about the negative and often false reports about SIC.
We recognize that Albert Hee is a person, has been convicted of tax evasion, not the company
that we rely on to fulfill the promise of telecommunications parity!
Honorable Judge, our native Hawaiian homestead community is at a critical time in our difficult
history. There is hope in our communities, positive advocacy and civic engagement happening,
hard work by multi-generationalleaders in putting forward solutions to policy makers instead of
only identifying problems-- all part of a recognition that we must be part of the solutions to the
challenges we face.
Telecommunications and specifically, quality broadband is not something we can take for
granted, we must make sure that the work of SIC is brought to full completion in its build out
and full operation. The future in very real terms depends on it. Regardless of the ultimate
punishment of Albert Hee, as residents of Hawaiian homelands, we must and will remain
focused on SIC. He may have founded SIC, and brought to bear a truly brilliant solution only
ever accessed by Midwest farmers, but SIC and our fate is well beyond Albert Hee.
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Indeed, as the chairman of the homestead associations representing the interests of tens of
thousands of families living in our neighborhoods and also waiting on the list to move to
homesteads, to farm on homesteads, to ranch on homesteads and to operate businesses on
homesteads, I would much rather see Albert Hee directed to work on solutions than
incarcerated. We have thousands of kids in school in our communities, with facilities that are
barely equipped with an air conditioner, much less a technology center to counect to the truly
vastness of educational resources and experiences to our kids through broadband.
If I had my druthers, I would much rather see Albert Hee required to work in our homesteads,
work with our nonprofits to brainstorm, develop and build the technology centers in every
homestead or as many as is possible. Having access to the level of knowledge he possesses to
solve the delivery system challenges, like installing telemedicine access, higher education course
work, small business training curriculum through the existing bandwidth we have, at no cost,
would simply never happen otherwise.
I would want Albert Hee to report to work in our homesteads, work directly with our community
leaders, develop the technology centers, and then, stay engaged by conducting capacity building
training to make sure we are maximizing the power of our bandwidth, institutionalizing the
delivery of meaningful technology programs. If this were even a possibility, the SCHHA and its
nonprofit partners would fully engage and take on the kuleana to oversee this type of technology
center project, including regular reports to the court.
Honorable Judge, thank you for the opportunity to share the concerns and impact of this case, as
well as what is a possible outcome through multiple technology centers with the delivery of
meaningful training. Mahalo.
Malama Pono,
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Sept. 3, 2015
The Honorable Susan Okl Mollway
Chief Judge
United States District Court
300 Ala Moana Blvd.
Honolulu, Hawaii 96850.0338
Aloha e Judge Mollway,
My name is Annie Au Hoon. I am the resident manager at Hale Makana '0 Nanakuli, a 48-unit
affordable rental apartment complex on Hawaiian Homestead land in Nanakuli. I know that
Albert Hee will be sentenced for a tax crime. I haven't worked directly with Albert Hee but I
have worked closely with representatives from Sandwich Isles Communications (SIC) for the
past 4 years through my job at The Sovereign Council of the Hawaiian Home Lands Assembly
(SCHHA) and now as a beneficiary/resident at Hale Makana '0 Nanakuli (since 2014).
SIC generously sponsored and participated in the 2011 and 2012 SCHHA conventions. SCHHA
merged its convention with the Council for Native Hawaiian Advancement (CNHA) in 2013 and
SIC is a supporter of CNHA also.
SIC worked closely with our property management firm when Hale Makana '0 Nanakuli first
opened to make sure tenants had their phone and DSL services coordinated with their move in
dates. As a welcome gift:, SIC gave each tenant a $20 Walmart gift card for their new home.
When I mentioned to an SIC representative that it would be great to put board games in the
management office waiting area for the children, SIC did not hesitate to bring me $200 worth of
games for our grand opening. I especially appreciate the personal relationships I've built with
everyone at SIC. We've become an 'ohana working together to better the Hawaiian community.
I work from home and use the internet throughout the day. My teenage daughter also relies on
the Internet. Without SIC's affordable services, I am not sure if I could afford phone and
internet in my home.
Please consider a minimal sentence as I believe Albert Hee has made a positive impact in the
Hawaiian community and still has lots to give. Without his generosity and care of the Hawaiian
people I'm afraid we will be left with below averages services at higher prices and a lot less
aloha! Mahalo for your time and please exercise your compassion for Mr. Hee.
...:::.....
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September 19,2015
The Honorable Judge Mollway
Chief Judge
United States District Court
300 Ala Moana Blvd.
Honolulu, Hl, 96850-0338
Aloha e Judge Mollway,
My name is Charmaine Day and my family and I reside in Kahikinui Hawaiian
Homestead on the island ofMaui. We are a remote off the grid community with no
infrastructure. Sandwich Isles Communications came into our community and
helped us by putting in underground land lines which provide us with telephone
service and internet. When installing their equipment they also helped us fix our
four wheel drive road throughout our community. They built us a community
center to hold their solar panels and give us phone service and internet there.
Before Sandwich Isles Communications came into our community we were with
Verizon cell phones, which almost never worked. Sandwich Isles provides
excellent service to us here. I don't know Mr. Albert Hee, but I do know that his
company has helped communities like mine retain the old style of living while
embracing the new. His company took a chance on us when no one else would. In
life we all make mistakes. Please be lenient on him. Let him continue to help
others.
Mahalo,
Charmaine Day
PageID #: 4812
Lilia K. Kapuniai
3, 2015
The Honorable Susan Oki Mollway, Chiefjudge
United Stated District Court
300 Ala Moana Boulevard
Honolulu, Hawaii 968500338
Dear judge Mollway;
My name is Ms. Lilia Kapuniaiand lam a Hawaiian homestead resident ofPapakolea
on the island of O'ah.u. Priorto living in Papakolea, l lived in the Hawaiian
homestelld community of Pu'ukapu, on the island ofHawai'i. lam also the El(ecutive
Director of the Papakolea Community Development Corporation, a 501(c)3
nonprotlt corporation that is dedicated to operating a community parkand center,
for use by the residents ofPapakoleaand neighboring communities.
l understand that Mr. Albert Hee is being sentenced for a tax crime and I am truly
saddened to learn of the circumstances.
I have known Mr. Hee for over 20 years in a professional and personal capacity. Mr.
Hee's most notable contribution to native Hawaiians is the expansion offiberoptic
communication systems in rural Hawaiian homeland communities. In Pti'ukapti, my
received communication infrastructure critical for emergences, and highly
beneficial for small business development/administration. This installation enabled
my parents to operate their small business from home. At the Papakolea
Community Park and Center, Mr. Hee upgraded ourtelecotnmunication system,
improving quality of service for all individuals that utilize the internet whether it
was for business, research, studying, or leisure activities. Jn ad<lition, I watched
young leaders bloom, as they received stipends as interns, from Sandwich Isles
Communications.
judge Mollway, I humbly plea for consideration of leniency. Without Mr. Hee's
foresight and fortitude to connect our islands and communities, my family would be
without phone or internet service today. I thank you for considering my statement
rate on Mr. Hee's fate.
PageID #: 4813
SiC assisted DHHL in West Hawaii providing service to its first residential development in North
Kana. Prior to 1998 DHHL had no land holdings in either North or South Kona. Two hundred
and twenty-four families were able to benefit from telephone and internet servicas. This
development continues to today with the addition of Village 5 (fifty families and growing) and the
recent compietron of the first phase of Village 4 (AI<au), another one hundred and fifteen lots.
EventuaUy these same services extended to Lalamifo and Pu'ukapu in Waimea. in the
Pu'ukapu area people might have had to wait another twenty years before they could expect the
same types of service offered to the general public and other homestead areas. Some portions
of Pu'ukapu are stilf without electricity but are able to have internet, fiber optic and call phone
service.
As with any construction project the instalfation of the telecommunications systems provided a
number of jobs directly and indirectiy for many island residents including native Hawaiian
beneficiaries that were also served by the Hawaiian Homes Commission Act
PageID #: 4814
Throughout this process Albert Hee has been very supportive of !he needs of Hawaiian people
on DHHL. He had the foresighi to see a need in the rural communities where a large portion of
DHHL properties are situated. Through no fault of the program many of the lands, that in 1921
were perceived as poor to marginal and located far from business and commercial centers.
have become much more attractive as and growth and development continue Into these areas.
In the years that I've come to know Albert on a professional level he has made It a priority to
assist and help other native Hawaiians especially people that he knew growing up and into his
varied career. It's one of the traits that I've come to admire about him. He was there for people
who needed assistance, one way or <mother. He was especially akamai in identifying talent and
tapping into ihe source of educated Hawaiians. In some respects just knowing the person or
that person's family was enough to validate his decisions.
As with any other leader the future of SIC without Albert may have unforeseen negative impacts
to employees, their families, customers and business partners. The fact ihat he was able to see
a need and fill that need io help Hawaiians continues until today. It would be a shame to see all
the talent, expertise, experience, vision and dedication of this individual and everyone that
contributed to the growth of this company be lost.
I believe that Mr. Hee in hindsight realizes that a mistake has been made and that he will have
to face the consequences. I pray that his health will not fail and that his faith in the Court's
decision and fairness will allow him to repay his debts.
I can only ask that the Court be lenient and consider the support that Mr. Hee has from his
family, friends and community and the good that he has done for the betterment and
advancement of the Hawaiian Homes Commission Act and its beneficiaries.
I thank
PageID #: 4815
NaPu'uwai
Native Hawaiian Health Care System
September 3, 2015
A NON-PROm ORGANIZATION DEDICATED TO THE BETTERMENT OF THE HEALTI! CONDIDONS OF NATIVE HAWAIIANS
PageID #: 4816
August 7, 2015
United States District Court, District of Hawaii
Honorable Susan Old Mollway, Chief Judge
300 Ala Moana Blvd, c338
Honolulu, m, 96850
Aloha e Judge Mollway:
My name is Alvin Parker and I am the principal ofKa Waihona o ka
Na'auao Public Charter School which is located on the Wai'anae Coasrin
the community ofNanakuli. We have an enrollment of 645 students K
thru 8 and have been serving this community for 14 years. The student
demographic is 94% Hawaiian or part-Hawaiian. Ka Waihona o ka
Na'auao recently applied for and received accreditation for six years from
the Western Association of Schools and Colleges.
I have known Albert Hee since 1965 when we were students at
Kamehameha Schools. I have been a personal friend of Albert's and
know him to be honest and generous, and a man of his word in both
personal and business situations. I understand Albeit is being sentenced
for a tax crime and wanted to express my concerns and the potential
negative effects should Albert be incarcerated.
Since Ka Waihona o kaNa'auao Public Charter Scl).ool resides on
Hawaiian Home Lands I had the pleasure of working with my longtime
friend, this time for business purposes. Sandwich Isles Communications,
Inc. (SIC) has provided Ka Waihona o kaNa'auao Public Chatter School
with the best in telecommunication services and supp01t since 2004.
PageID #: 4817
Principal
PageID #: 4818
September 2, 2015
The Honorable Susan Oki Mottway
Chief Judge
United States District Court
300 Ala Moana Blvd.
defense industry. I am also one of the. Founders and current Director of the Pelatron Center for
Economic Development {PCED); a noHor profit Hawaii corporation dedicated to elevating the Hawaiian
community through the development and support of Hawaiian owned business. I understand that Mr.
Albert Hee, a good friend of mine, will be up for sentencing before you in the near future and 1am
writing you to
for leniency on his behalf.
I've known Mr. Hee for many years and for a short period of time, worked for him in support of his
efforts to brin& affordable communications services to residents of the Department of Hawaiian Home
Lands (DHHL). Mr. Hee and I are both graduates of the Kamehameha Schools and altlwugh Mr. Hee is
younger than me, we both share the determination to create .growth opportunities for the members of
the Hawaiian community much like the dreams and desires of the Kamehameha Schools founder;
Princess Bernice Pauahi Bishop.
I have never known Mr. Hee to be anything but selfless in his actions. His priority above all has always
been to provide benefit to the Hawaiian people and. community. If he has made mistakes, they were not
intentional and nev.er for self-gain. To my knowledge, there has never been another individual or entity
thathas provided as much service to the residents of DHHL than Mr. Hee and his company; Sandwich
Isles Communications, Others that have worked with DHHt ovenhe years have always come to the
table for personal gain, not to provide the type of service exemplified by Mr. He.e. A severe sentence
will have a detrimental impact on Mr. Hee personally and his business. I don't see that the service Mr.
Hee provides to DHHL will survive without his leadership and.affordable communications on Hawaiian
Homelands may cease to exist. I ask that you take that in to account as y.ou contemplate the severity of
his sentence,
I appreciate you taking the time to consider my plea for leniency for Mr. Albert Hee. Mr. Hee Is a good
man a.ndone that h.s always acted to provide for the Hawaiian community and its members first; and I
ask that you take that into consideration when considering ihe actions you must take.
Mahalo,
PageID #: 4819
.HAWAIIAN
September 4, 2015
It recently came to my attention that Mr. Hee is being sentenced for tax evasion and faces a
potential prison sentence. My understanding is that most individuals in the United States who
are sentenced for similar charges as those leveled at Mr. Hee are provided the opportunity to
enter into a repayment plan with penalties. For the following reasons, I ask that the Court
consider Mr. Hee's contribution to our organization, our clients, and our communities as well as
legal precedence that supports a repayment plan with penalties prior to fmal sentencing for tax
evasion.
Mr. Hee is an advocate for our clients and Hawaii families. Since RCA's founding in
2000, SIC, under Mr. Hee's leadership, has provided access to affordable phone products
and internet service to our 15,000+ low- and moderate-income Hawaiian Homestead
clients. Without providing services on Hawaiian Home Lands as SIC has done since
1995, our clients would have either received phone and internet services at a much higher
cost, or worse, not received any such services whatsoever.
Mr. Hee is a business partner who supports social missions. HCA has been a
customer of SIC since we were established in 2000 on the island ofMaui. At the time of
"Building Foundations for Future Generations"
PageID #: 4820
our founding, other phone and internet service providers in Hawaii were quoting our
organization packages that were double the cost of what SIC was able to offer. Without
SIC providing services to our organization, we would have had to dedicate our already
limited financial resources to such services, thus leaving less funds available to serve our
clients with free, HOD-certified financial education and counseling.
Mr. Hee has helped realize the vision of Prince Jonah Kuhio Kalanianaole and the
Hawaiian Homes Commission Act. Through his partnership with the State Department
of Hawaiian Home Lands (DHHL), Mr. Hee was able to provide telecommunications
infrastructure at no-cost to the DHHL since Waimana Enterprises' inception. The cost
for in-ground infrastructure on Hawaiian Home Lands, and in Hawaii in general, can be
extremely cost prohibitive, so much so that it can be the difference in developing
residential housing or not. The 9,000+ lessees on Hawaiian Home Lands all enjoy access
to telephone and internet services thanks to Mr. Hee, and due to his ability to mitigate
costs on DHHL for development actually made it possible for the 9,000+ existing lessees
to secure their rightful place on their home lands.
Mr. Hee has demonstrated generosity and support for community programming.
Since 2008, SIC, under Mr. Hee's leadership, has been an Annual Partner of our
organization by donating funds to our 501 c3 nonprofit so we can provide free financial
education to children and families statewide. I am proud to share that SIC is our longest
serving Annual Partner, having donated approximately $5,000 in the last 7 years to our
organization.
In conclusion, I ask that the Court consider Mr. Hee's positive contributions to our organization,
our clients, and our Hawaii communities in his fmal sentencing for tax evasion. As a husband
and CEO myself, I personally ask that the Court consider the impacts of a prison sentence not
only on Mr. Hee, but even more importantly, on his wife and children as well as the thousands of
native Hawaiian Home Lands beneficiaries who have relied and continue to rely on Waimana
Enterprises and SIC for their dedicated services over the last two decades.
Thank you for the opportunity to submit this letter of support. Please do not hesitate to contact
me should you have any questions or need clarification.
Sincerely
Jeff Gilbreath
Executive Director
PageID #: 4821
The Senate
STATE CAP IT 0 L
HONOLULU, HAWAII
96813
from academics to athletics. There weren't too many Hawaiians who attended military academies, but Al
was fortunate enough to attend the Naval Academy.
I am familiar with one ofhis companies, Sandwich Isle Commw1ications (SIC) that provides
telecommunication's services to the Department of Hawaiian Home Lands (Dl-IHL). For years DHHL has
been underfunded and lacked the infrastructure to put more Hawaiians on the home lands. However,
through the vision of Aland SIC, many ofthe Hawaiian Homesteaders now have access to affordable
high speed telecommunications at no cost to DHHL.
This has enabled DHHL to utilize funds that would have otherwise been used to install
telecommunication's infrastructure into building more homes for Hawaiians. As both a State legislator
who is extremely conscious of the States limited financial resources, and as aN ative Hawaiian, I have
greatly appreciated the contributions of Al and SIC to helping the Hawaiian community.
In conclusion, I thank the Court for its time in considering my thoughts as you deliberate on ajust and fair
sentence for Al Hee. Iffurthcr testimony is needed, I am at the court's disposal. Malama for now.
Brick-wood Galuteria
State Senator
PageID #: 4822
PageID #: 4823
PageID #: 4824
detrimental to his health and he would not be able to continue his vision to improve the
lives of the Hawaiian communities.
Paige Onishi
PageID #: 4825
PageID #: 4826
lessees. Doing my job and working directly with the homesteaders gives me a sense of
accomplishment in knowing that lm making a difference as a native Hawaiian. I ask
that you please consider a lenient sentence for Albert. The benefits Albert has
contributed to the Hawaiian communities has positively impacted thousands of lessees
and I believe he still has more to offer.
Respectfully,
Warren Bissen
PageID #: 4827
PageID #: 4828
PageID #: 4829
was willing to provide them to far-flung and sparsely populated Homestead areas. He
accessed a federal program (U.S. Dept. of Agriculture's Rural Utilities Service) that had been
in existence since the 1940's and utilized in every state except Hawaii. He travelled often to
D.C. working diligently with Congressional staff, including those of former Senator Akaka
and the late Senator Inouye, so that Hawaii could benefit from a program that the rest of
the country already used. No one else stepped up to accomplish this enormous task but
Albert saw the great need in helping this neglected Hawaiian population.
Many Kamehameha alumni take seriously the wish of Princess Bernice Pauahi
Bishop that the school produce "good and industrious men and women." Many of us feel
blessed to have received a good education our parents could afford, in Albert's case, or did
not have to pay for, in my case. We feel responsible for giving back, particularly to the
Hawaiian community. This ideal is another that both Albert and I share.
Albert generously supports numerous community organizations as well. When
asked to sponsor fundraising events, he does so often that he himself barely keeps track
Personally, I know of support to Punana Leo, Hawaii Sports Hall of Fame; Ronald McDonald
House through Moms on a Mission; Maoli Arts Alliance; Council for Native Hawaiian
Advancement; PBS Hawaii; Filipino Women's League Scholarship Fund; Battleship Missouri
Foundation; Paepae o He'eia Fishpond, St. Elizabeth's Episcopal Church, and Hawaii Special
Olympics. I keep learning about more of his donations all the time.
He is generous with students. He anonymously provided air transportation for a top
high school volleyball player to attend an important volleyball camp on the mainland; paid
for gear to the Kamehameha Children's Chorus and St. Andrew's volleyball and softball
teams. After the Waianae football team was robbed, he not only replaced their stolen
helmets and shoulder pads, he also bought all of the boys new football cleated shoes. He
sponsored events for the Kapolei and Moanalua football teams and the Santa Clara
University softball team; and sent the Kamehameha girls' basketball team to a tournament
on the mainland. We have hosted events for most of our children's teams, from the
Kamehameha boys track team to the MIT softball team. He provides paid summer intern
positions in the office or in the field. He has even helped some students out of financial
jams.
He doesn't help people for tax benefits or for glory. He doesn't even remember all of
the people and organizations he has helped. When asked for help, he does what he thinks
is right, then he moves on. I am proud of his generosity, but it upsets me that over the
years he did not thoroughly document his generosity to counteract the sensational and
defamatory statements spread by the media. He does not believe in shining the spotlight
on himself, so this negative attention has been stressful for him.
Standard ofLiying
We do not live lavishly. Although we did expand once in 1995 to add a recreation
room and to provide our children their own bedroom, we live in the same middle class
neighborhood we've lived in the entire 3 5 years of our marriage. We don't frequent fancy
restaurants, we don't buy designer clothes, and do not own any major possessions except
for our house. Company ownership has already passed to the children who own 90% of it
PageID #: 4830
in trust. My husband is basically a humble man, who does not spend money on himself. He
has shirts from college that he wears working in the field. He prefers to salvage things.
For example, the glass doors in his office were trashed by a shoe company, and many of his
tools and equipment he found along the way. He still builds things himself and has taught
the kids from a young age to use tools and equipment. They helped him build a house and
learned to be self-sufficient in knowing many aspects of construction.
Responsibility
Albert has a strong sense of responsibility to his family. When his mother was
hospitalized from January, 2012 till her death in April, 2012, he and his father were the
only two who spent every single day with her. After long hours at work, Albert went to the
hospital to eat dinner with her, to keep her company and to make sure she had everything
she needed.
Since the passing of my mother-in-law in 2012, Albert picks up his 87 year old
father every Saturday and Sunday to go to the Network Operations Center (NOC) at
Mililani. My father-in-law mows the grass there while Albert checks on and maintains all of
the equipment, and catches up on work in the office or in the field. Albert is with his father
all day and makes sure that he eats, which he sometimes forgets to do when left alone. The
regular weekend activity sets a routine for my father-in-law that helps stimulate his mind,
which he needs to slow the progression of dementia.
In 2000 after 20 years of being employed outside of the home, including 15 years of
also working for Albert doing whatever was required to help him get his business going, I
received from my husband an offer of a paid position. I have been able to work from our
home office, which has allowed me to better balance family and work responsibilities. This
balance was especially critical as Albert spent a lot of time away from family both in the
office and on business trips. But when on-island, he made it a point to attend school and
sporting events, such as basketball games, back-to-school days, and band tournaments. He
always scheduled business trips so that he would be home by the weekend.
Albert really is a family man whose life revolves around work and family. He has no
other interest, outlet, or hobby. Our two grandchildren give him such joy, and keep him
sane under this intense pressure. Roselani, named after my mother-in-law, is 13 months
old, and has spent almost every day of her life with her Grandpa, or "Pa." From the
beginning when my son-in-law brought "Rosie" to the office to nurse from our daughter,
Liko, Albert kept the baby with him in a crib area he set up in his office. On the weekends
when he and my father-in-law are done working, our family dines at Zippy's, and Albert
insists on feeding Rosie himself.
PageID #: 4831
Although I shouldered most of the childrearing with our kids, at my age, I cannot tend to the grandchildren alone. Albert is there to
help when either one or both of the grandchildren overnight with us.
His belief in the importance of family goes beyond his own. He has allowed staff
members in his company to spend more time with ill children, spouses, parents without
affecting their pay or job status. Every. working mother, wife, daughter knows the difficulty
in meeting home and work responsibilities, and Albert appreciates the importance of
family enough to allow his workers the flexibility to take care of what is important.
Respect for the Law
I have known Albert since high school when he was commissioned an ROTC officer
and was responsible for not only living the honor code for himself, but also modeling it as
an example to the underclassmen. His academics and character were recognized by the
late Congresswoman Patsy Mink, who nominated him for the U.S. Naval Academy at
Annapolis, from which he graduated in 1976.
He has never run afoul of the law, and all throughout the IRS audit, which started
nine years ago in 2006, he never concealed anything; does not hide income in Swiss bank
accounts nor does he skip filing taxes. He depended on the expertise of others, including
the IRS, to identifY problems to bring to his attention for correction.
I believe he basically is an honorable man who should have paid better attention to
proper procedure. For example, a better job could have been done of documenting work
expectations, assignments, and performance of all employees, including family members. I
know he is reviewing deficiencies in operations, and working to correct them.
PageID #: 4832
For all of the above reasons, particularly the medical concerns, I ask that you do not
send my husband to prison.
I understand that there are a number of alternatives to prison that you may choose
from, including probation, home confinement, community service, supervised release, use
of a tracking device. I beg you to consider them all in lieu of prison time to allow my
husband to be able to manage his health conditions on his own and with his own medical
team. Albert has always been a giver. He understands that there will be consequences as
the jury found him guilty of violating the tax laws. As he has proven, Albert is very capable
of major accomplishments . I humbly ask the Court to consider using his talents and
industry to further benefit the public in community service instead of going to waste in
prison.
Thank you for your consideration.
Respectfully,
PageID #: 4833
PageID #: 4834
. My Dad tries to
keep him independent through simple technology such as an automatic stove shut off system.
He continues to pick Grandpa up every weekend to take him to the Network Operations Center
(NOC). This keeps my Grandpa engaged and continues his normal routine. For an 87-year-old,
my Grandpa is very active and physically fit. Since my Tutu died, my Grandpa has had to rely
more on my dad. During his nearly 60 years of marriage to my Tutu, Grandpa relied on my Tutu
to do their taxes and pay their bills so when she passed he was overwhelmed with the new
responsibilities.
last July I gave birth to my daughter, Rosie, and my parents became proud grandparents to their
first grandchild. From the first day of my daughter's life my Dad doted on Rosie and he is the
greatest grandfather. In many ways, my children have been a blessing to everyone in our family
but most especially my Dad. It's as if my children wipe away his stress. My second pregnancy
was more difficult than my first so my Dad would take Rosie home with him to make sure I was
relaxed and comfortable despite preparing for his trial.
The stress of my Dad's trial caused me to go into preterm labor and I gave birth to my son
prematurely in the middle of the trial. Being a concerned father my Dad planned to have a
doctor present while I testified at the trial. His concern was justified when I went into preterm
labor the night before I was to testify. In the middle of his trial my Dad was more concerned
about me and my preterm baby than his trial.
PageID #: 4835
My Dad's generosity reaches far beyond our family and friends and extends to the staff. He
accommodates employees' needs when they have to manage balancing their family and work
life. It truly is a family atmosphere at work. I don't know many employers who allow staff to
bring their young children to work when no one else is able to watch them. Several employees
take their break every afternoon to pick up their children from school and bring them back to
the office for a few hours. My Dad implemented a company-wide long term care policy and
optional cancer insurance to the benefits package to further help the staff.
When the Chair of the DHHL Commission approached my Dad asking for help to provide
telecommunications to the beneficiaries he could've easily said "no." He bravely accepted the
daunting task, as a private citizen, that Hawaiian Telcom had refused, because he saw the
benefit to Homesteaders. They would be able to receive services on par with the rest of Hawaii.
I've read a letter from Hawaiian Telcom to a homesteader informing them that to have phone
service they'd need to pay $35,000 in infrastructure cost. The money he has brought into the
state through loans to his company has created jobs not only internally but to the broader
Hawaii community. It has created jobs in the construction industry to truck drivers, construction
workers, machine operators and many more. Engineering, planning, architectural and cultural
resource management firms have also benefited from the business my father brought them.
My Dad's health has always been an issue and a major concern of mine.
I thank the Lord that all the stress of the recent audit and trial have not put my dad back in the
hospital. Sending him to prison without being able to have his medications on hand as well as
an uncertain diet may be his death sentence.
Prevention is always the best medicine but without his arsenal of medication on his person and
with the unpredictable circumstances of incarceration, his health and safety is a big concern.
PageID #: 4836
Through all of the turmoil of the trial and backlash of slanted articles my dad has carried himself
with dignity. It has been difficult for me to see the negativity as a result of the audit and trial.
Instead of being strong for my Dad he has had been the one to console me. I know the media
feeds off sensationalism and doesn't truly know my father or report on all the positive
contributions he's made to the Hawaii community. Those who know the true Albert Hee know
that he is honorable, dedicated, loving, family-oriented, hardworking, and generous and an
advocate for the Hawaii community.
I understand that incarceration is a possibility with the jury's verdict but I beg that you have
compassion toward my children and family who look to him as our foundation and strength.
With his many health issues I fear that incarcerating my dad will be a death sentence. He is an
integral part of our family, our company and the Hawaii community. I ask that you take into
consideration all the good that he has done and continues to do personally and through his
companies. I also ask that you consider the true Albert Hee; generous man, dedicated son,
loving husband, nurturing father and devoted grandfather, not the fabricated Albert Hee
created by the media and government. His incarceration would be a huge loss not only to the
Hee family but also to the Hawaii community. I plea for your leniency and consideration of a
sentence of community service, probation, house arrest or combination of these alternative
sentencing options. Thank you for taking the time to truly consider my letter while you
deliberate on the destiny of not only my dad but also of my children and family.
Respectfully,
PageID #: 4837
PageID #: 4838
When first moving home to Hawai'i my father worked for Caterpillar, where his boss told
him "you can do anything to your employees and they won't quit." Upset by these
disrespectful words, my father did eventually quit and has strived to never let this idea
see the light of day. For a long time my father paid himself less than some of his
executives and when the FCC came out with new rules which threatened to bankrupt
Sandwich Isles Communications, he gave all the employees Christmas gifts out of his
own pocket since the company could no longer afford bonuses. Since I was a child he
has told me that I should never do something because of the money, but because I
believe in the cause. True to his words, his actions have always echoed this sentiment.
PageID #: 4839
With his health issues, the stress from work and even greater stress from this trial, my
father's body is very fragile. I ask that you allow him to remain with our family where he
can both receive and provide loving care. Thank you for taking the time to read this
letter and for your consideration regarding my father's sentencing.
Respectfully,
PageID #: 4840
PageID #: 4841
Very respectfully,
PageID #: 4842
Paul Cheape
September 10,2015
Dear Judge:
My name is Paul Cheape. Currently, I am employed as the Repair and Maintenance Manager at
Dole Food Company Hawaii. I first met AI Hee 14 years ago when I was working at Hawthorne
Pacific as a Sales Representative. He was purchasing heavy equipment for the site he had
recently purchased for his company, Sandwich Isles Communications ("SIC"), in Mililani.
The reason he came to Hawthorne was that he had worked there many years ago, and had
become a close friend of our Manager. If our prices were anywhere near our competitors', AI
wanted to give us his business. It showed me that he was a loyal person, and made me want to
give him excellent service. Over time, our friendship grew and I would go to his Mililani site on
weekends where AI would allow me to work on my boats and trucks and cars, and I would give
him a hand repairing and maintaining various SIC machines and equipment.
Spending time on weekends with AI showed me another side of him most people don't see.
Although he is Hawaiian, his father is Chinese and AI embodies the oriental concept of filial
piety. When his morn was still alive, she and her husband loved to go to UH football games so
AI would take them to every home game, get their drinks and snacks, and make sure they had
their jackets and umbrella. AI told me he didn't mind watching UH football but his preference
would be to do it in front of the TV in the comfort of his horne and avoid all the traffic. But
since morn and dad wanted to go to the stadium, he would take them.
When Ai' s morn got sick, she was in the hospital for about six months before she passed away.
AI was there every night (except when he had to travel) talking to her, holding her hand, making
sure the doctors were doing everything possible. After she died, AI asked his son to go and live
with grandpa and Kupa'a (Al's son) moved there gladly and willingly, and is there to this day.
AI has obviously passed down his philosophy of filial piety to his son.
AI came from a working class family. His mom worked in the Banquet Dept. at the Sheraton
Waikiki and his dad at the Honolulu Board of Supply. Both worked their way up the ranks to
supervisory positions and instilled a strong work ethic in AI and his brother. To this day, it's
clear to see that AI and his dad enjoy working and take pride in doing a job well done.
PageID #: 4843
On weekends, Al's usual routine is to take his dad, who I call "Uncle Charlie", out to the SIC
Headquarters in Mililani. The offices are located on an agriculturally zoned parcel of about 160
acres. So when the two of them are at Mililani, there's always lots to do: mending fences, fixing
water pipes, installing doors, tuning up heavy equipment, cutting the fields on large tractor
mowers, etc. AI enjoys his dad's company but also brings him on weekends to keep him active.
The thing is that Uncle Charlie is now in his 80s
. AI is
challenged to find things for his dad to work on that aren't dangerous. No more climbing on
roofs, working with power tools, welding and so forth. Yet, AI also tries to preserve Uncle
Charlie's dignity by giving him meaningfnl tasks, not trivial menial jobs like weeding or
sweeping. I find this quite touching, because while there are things around the property that AI
would really like to get done, he limits the stuff he works on as he knows whatever job he
undertakes, Uncle Charlie will want to join in and try to help.
In short, AI has been, is and always will be a devoted, respectfnl son. Judge Mollway, when you
sentence AI, please take into account all his acts of kindness and generosity, and especially how
he's taken care of his parents. If at all possible, I would ask that you sentence AI to community
service and probation because I really worry about what will happen to Uncle Charlie if Al's not
around. Thank you.
Paul Cheape
PageID #: 4844
Jo-Anna K. Herkes
PageID #: 4845
I believe AI would do the same for others in his life with no agenda. It is just in his character.
I consider AI a friend, a man of integrity, compassion, charitable and most of all a man who
would never hesitate putting others before himself.
Chief Judge Moll way I ask that leniency be considered and shown for Albert Hee. I sincerely
believe his actions were in no way deliberate.
My deepest appreciation,
PageID #: 4846
Ku'iwalu
September I 0, 2015
PageID #: 4847
projects. The project involved issues related to potential discovery of subsurface iwi kupuna
(native Hawaiian burials), traffic impacts to impacted communities, extensive community
outreach with the DHHL homesteaders, construction restrictions during humpback whale season,
and coordination with federal, state, and local authorities on regulatory issues.
Notwithstanding the challenging issues, Albert was steadfast in his commitment to build
the network at no cost to DHHL or the homesteaders, other than fees to use the service, but
W aimana and its affiliates bore all the costs and risks to permit, construct, operate, and maintain
the telecommunications network. His commitment also meant doing it in a culturally appropriate
way, i.e. avoid impacts to iwi kupuna (subsurface native Hawaiian burials), minimize impact to
traffic (costly installation through horizontal directional drilling rather than open trenching of
public right of ways), providing telecommunications to very remote rural communities in
Kahikinui on Maui and Maku'u on Hawai'i Island. I truly believe that without Albert's
steadfast vision and commitment, many Hawaiian homesteaders would not have access to
reliable, affordable, and modern telecommunications today.
Besides the Hawaiian Homesteaders, Albert believed in providing economic
opportunities for local and small businesses, like Ku' iwalu, to enter the business market.
Through business with Sandwich Isle Communications, our firm was able to launch a successful
small business specializing in facilitating culturally sensitive issues, community engagement, and
regulatory compliance. Albert knew the challenges of starting a business in Hawai'i, especially
one owned by a native Hawaiian woman,. Without the opportunities provided by Albert, I firmly
believe that I would not have the successful business that I do today. He only asked that when I
have the opportunity to help other aspiring Hawaiians, especially woman, that I do so, and it has
been my privilege to mentor others. He has never asked for anything in return other than to pay it
forward and use our skills and resources to help others.
While some may view his approach as pushing the envelope; I have never seen him cross
the line. He is a person of honor, integrity and character who stands by his word and would
come to your aid at a call.
Beyond my professional capacity, I have known Albert for over thirty years. We all grew
up in Kaneohe, my mother knew his family, and our children attended the same school. We
shared the same values of wanting the best for our children and raising them to have a kuleana or
responsibility to make a difference. I've also known his wife, Wendy, who was the former
Executive Director for the Native Hawaiian Education Council and a member of the
Ka'ahumanu Society. Albert's commitment to his family is unwavering. It is for this reason
that I believe the trial, jury verdict, and subsequent media stories have taken a personal toll on
him and his family. I cannot imagine how emotionally difficult it was for Albert, as well as his
family, to be called as witnesses for the Prosecution to testify at trial. No parent or child should
have to endure the emotional pain and public humiliation as they did.
PageID #: 4848
The trial had its own impacts but I believe incarceration will have even greater impacts
on his family and employees. While Waimana Enterprises and its affiliates have extremely
capable executives to manage and operate the respective companies, it is Albert's vision and
leadership that is even more critical to the solvency of his companies. Many joined the
companies because they believed in his ability to structure companies that can weather the storm
and capitalize on resources available to Hawaiians. This is a very challenging time for
Hawaiians who are faced with issues regarding self-determination that it would be demoralizing
for someone who has done so much good for the Hawaiian community to be incarcerated.
The punishment should be commensurate with the crime. Yes, the Prosecutor has argued
that Albert's tax fraud was an assault on all taxpayers, but is that really true and is it in the
public's best interest to incarcerate him and risk bankruptcy of his companies? Rather, I would
urge the Court to consider a lengthy probation that would permit him to continue to manage and
operate his companies to ensure their solvency, fulfill their obligation to provide
telecommunication's services to Hawaiian Homesteaders, and pay any disputed tax liabilities. In
my view, this would be in the greater public interest. Albert's greater punishment has been the
personal toll the trial and sentencing has taken on him and his family, the public humiliation he
and his family has had to suffer, the onslaught of negative media coverage, and the uncertainty of
his business future by the various regulatory agencies.
In closing, I would only ask that the Court fully consider the offense, the harm, and in
this case, public interest, in fashioning an appropriate sentence for him. I thank you in advance
for your thoughtful deliberation on the fate of Albert Hee.
PageID #: 4849
Randolph L Funn
September 11, 2015
PageID #: 4850
Once again, I humbly submit this letter of support which points out the positive impact
AI Hee has had on me and the State of Hawaii. AI is definitely needed by all in Hawaii to
continue his vision to provide a better place to live through his entrepreneurship and
future endeavors, with communications and energy related projects
Mahalo nui loa for your time and consideration.
Randolph Funn
Page2
PageID #: 4851
I write this letter for yow consideration in the sentencing of Albert Hee. It: would
have been easy for me to stay on the sidelines and not to expose myself but that is
not what life-long friends do through the ups and downs of our lives. The end of my
own public service career was marred with innuendo and a malicious lawsuit.
Through tbar period and today, Albert has been a true friend lending moral support
and encouragement as I clear my name, working through the dismissal of that
lawsuit. I felt it was important that I share something about the Albert Heel know.
I have known Albert since the seventh grade where we were classmates at
Kamehameha. However, it wasn't until! was working in Washington, D.C. for U.S,
Senator Hiram Fang and Albert attended the Naval Academy and Wendy attended
Wesleyan that we became better friends. Some weekends or holidays they would
stay with me and with other friends from Hawaii we would sightsee and do other
activities together. Being so young and far away from home, Albe.rt was like a big
brother you could count on whether it was to do the littl.e fixes around my
apartment and on my old '64 VW Beetle which we counted on for getting around, or
just finding in someone everything you miss about Haw.aii and your family.
PageID #: 4852
While I do not have knowledge nor can condone how Albert conducted his personal
financial affairs, I do know him to be an extremely intelligent, generous and very
caring person, whose family means the world to him and he wants to provide the
very best for. I also know him to be a very proud Hawaiian who sought to provide
the very best infrastructure for our Hawaiian communities to give those
communities a leg up to compete for economic opportunities.
Telecommunications is evolving and it is a complex market with huge
. political
.
overtones. Because of his intelligence and tenacity, Albert does have a grand,
forward-looking vision for Hawaii's telecommunications infrastructure and
Sandwich Isles Communications bas built an extensive fiber optic system
throughout Hawaii. In my humble opinion, it is unfortunate that its limitations are
politically imposed, not technical restraints as it can provide much broader public
interest benefits.
Given Albert's best qualities, I hope you will find an appropriate sentence that will
preserve his strong bond to his family and consider his intelligence and
commitment to build a strong telecommunications network for Hawaii as positive
attributes to contribute back to society rather than a harsher sentence to become a
burden on society.
Thank you for your consideration in this matter.
Sincerely,
Hermina Morita
PageID #: 4853
Sincerely,
1/sa.-... ,
Justice James E. Duffy, Jr. (Ret.)
PageID #: 4854
PageID #: 4855
Leimana K DaMate
September 4, 2015
The Honorable Susan Oki Mollway
Chief Judge
United States District Court
300 Ala Moana Blvd.
Honolulu, HI 96850-0338
Aloha Judge Mollway,
My name is Leimana DaMate and I am currently the Executive Director of the Aha Moku
Advisory Committee, Advisory to the Chairman and the State of Hawaii Board of Land and
Natural Resources as well as to the Hawaii State Legislature on issues of natural and cultural
resources within Hawaii State. Our purpose is to bring forth the voices of the Public Trust,
including Native Hawaiians in matters that impact our state's environment and ecosystem by
bringing forward generational and traditional Native Hawaiian natural and cultural resource
methodology that is site-specific to ahupua'a. Our mandate from the Legislature is to integrate
traditional methodology into the fabric of state policy.
I understand that Albert Hee is being sentenced for a tax crime. However I have known
Mr. Hee for over 30 years personally and professionally and I vouch for his character. We
attended the same high school, Kamehameha and grew up with the same values of wanting to
help Native Hawaiians and others. AI always wanted- and did make a difference for those
around him. He is caring, compassionate and always made time for others - even when he did
not have the time. For example, a few years ago Al's mother was in Queen's Hospital and was
who had suffered a massive heart
very ill. Coincidently, she was in a room next to
attack and was not doing well. AI did not have to, but he (and his brother Clayton) came in to
comfort
and myself. He put aside his own anguish to look to ours. That is the
kind of man he is.
PageID #: 4856
My work with the Native Hawaiian grass roots communities entails needing to work with
people who can relate to, and help Native Hawaiians. AI Hee, a Hawaiian himself, has always
worked well, and is well-respected in the Hawaiian community. I would go as far as believing
that he is loved by many. I certainly hold deep affection and admiration for AI Hee.
People make mistakes and learn by them. I'm sure that this life-changing error in life has
cost AI everything. I believe that his most decent core person will force him to make amends
where it counts and I pray that you will consider leniency in your deliberations.
I would like to close by stating that AI Hee inspires loyalty, compassion and kindness in
people. I will always be a staunch supporter of his, and most of all, a friend who continues to
Leimana DaMate
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$40 million dollars in grants a year from the United States Federal Transit
Administration (FTA) and report on a portfolio of projects to the FTA worth around $365
million dollars. I know that Albert Hee is being sentenced for a tax crime. I also know he
would not knowingly cheat the United States government of what he owed in taxes.
I've known Albert Hee since he and I were 7th graders at the Kamehameha Schools.
What 1 know about Albert is that he is intelligent, driven, brave, tough, and a
critical thinker and commands great respect through his leadership and vision.
At the Kamehameha Schools he lettered in four sports including football, water
polo, wrestling, and track and field. Kamehameha at the time was a recognized
military institute and Albert had the rank of Major in our junior ROTC cadet
corps. At the United States Naval Academy at Annapolis as a freshmen he was
excused from morning drill by the upperclassmen by garnishing their respect
when he arrived on campus. This was no small feat since it involved boxing the
academy's champion boxer with the threat of bodily harm.
Albert is a leader in the Hawaiian community and has created more than 100
private jobs with his telecommunications company Sandwich Isles
Communications. After graduating from the US Naval Academy and serving
three years in the United States Navy he worked for a local engineering firm for a
short time and began dreaming about one day running his own
telecommunications company. Sandwich Isles Communications, Inc. began from
an idea that Albert had and the support of a few friends. A handful of
employees working there are classmates of Albert from the Kamehameha
Schools. He has known these fellows since they were five years old. The reason
why they stick with him is because they know that what he says is true and he is
a man of his word.
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more than one troubled individual at his company to help them get back on their
feet when no one else would give them a job. He is also a very patient man
because some of these individuals returned to their old habits and Albert gave
them many opportunities to redeem themselves.
Albert Hee is the sort of person you want standing next to you because you
know he is going to give you his 100% support. He inspires confidence in people
to accomplish goals and gives you the feeling you're on a huge mission even if it
his vision because he is always working harder than everybody else.
As far as his reputation for integrity, honesty, and generosity Albert is the sort of
person that you don't want to let down. He makes you feel that he is counting
on you to get the job done. Once you're in with Albert you are part of something
bigger than yourself and you know you have to do your best to not let the group
down.
Albert has not benefitted me personally. However, Robin Kamakahi the widow
of my first cousin, the deceased Hoku award winning song writer and performing
artist the Reverend Dennis Kamakahi still works for him. I don't think that
Dennis could have flourished working as a full-time performing artist without
Robin's job and Albert Hee's support. At Dennis's funeral Albert donated food
worth thousands of dollars.
Plea for consideration of leniency. Please consider probation or minimal sentencing for
Albert Hee. He is of strong intellect and personal countenance that is also his weakness.
1do not believe that he knew or wilfully thought that what he was doing with his tax
filings was wrong. The IRS gave him no indication that what he was doing was wrong
until this criminal prosecution. If you sat down with Albert Hee and had a conversation
with him you would find him to be an extra-ordinary person with strong intellectual gifts
and drive. It would be much better for the United States government to make him pay a
fine and keep him out of jail since his many talents are more beneficial to society as a
productive tax paying citizen He cannot do this from jail.
Thank you for considering my statement as you deliberate on Albert Hee's fate.
Respectfully,
Strather lng
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our society or how our community can benefit from his talents. I know him to be a strong
and intelligent leader who can positively influence some of the sgnificant challenges we
face in our local community every day. I am confident he is motivated to use those talents
for all of our benefits and I request you fully consider probation with this purpose and
objective in mind. I very much thank the Court for considering my statement in support of
Albert Hee.
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September 7, 2015
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I write you today to plea for leniency in his sentencing. I support Albert Hee because he is a man of
honesty and integrity. I know that Albert will be a better businessman, community activist and friend
because of this experience. I do not feel that incarceration of Albert for any length of time will do
anyone good. Not good for the community, not good for his employees, not good for the government
and not good for his family and friends.
Thank you for the opportunity to express my opinion and for your consideration in the sentencing of my
friend Mr. Albert Hee.
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My name is Riley Smith. I am a lifelong resident of Hawaii and live in Kamuela, Hawaii island. I
am a graduate of the Kamehameha Schools and as such am a beneficiary of a Hawaiian Trust
and know what kuleana is. I am the President and CEO of Lanihau Properties. We manage the
Greenwell family landholdings in North Kona. I am aware that Albert Hee is being sentenced
for a crime due to improper filing of his personal tax returns and would like to provide
background information to substantiate my request for leniency or probation.
I have known Albert Hee, since 1967, when we both attended Kamehameha Schools. Albert is
someone I consider to be one of my closest friends.
loyalty: AI is extremely loyal. He has helped so many of his friends, classmates and relatives.
worked twice for Sandwich Isles Communications/Waimana Enterprises When I worked for SIC
in 2002, he employed 80 people. I would guess that 99% of his employees fit in to one of the
above categories (friend, classmate, relative). On my first day of work in 2002, there was a
scheduled "all hands" meeting. Everyone introduced themselves and their relationship to AI.
Everyone fit in to one of the above categories. As an example, of the 80 employees, five of us
were classmates (AI, Rodney Kaulupali, Lew Biven, Mark Gillet, myself, later joined by Lance
Kahuanui).
At one point in time,
arrested. He called AI to bail him out. AI showed up at the Police cellblock with $25,000 in cash
to post bail. Prior to
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Strategist: AI started SIC, after learning of the United States Department of Agricultural, Rural
Utility Service program for telecommunications. He saw a need that many Hawaiians on the
various DHHl tracts, were without basic utilities. Due to the past practice of awarding
accelerated lots (paper lots, without roads, water, electricity or telecommunications}, he
figured that if he was able to obtain the exclusive right to provide telecom on DHHllands, that
he would qualify for this USDA/RUS funding program to provide broadband capabilities to
DHHl's tracts. This infrastructure has enabled technology based businesses to thrive in such
rural areas as Anahola, Kauai and Puukapu, Hawaii island. AI started a native Hawaiian owned
business, employed native Hawaiians, that serves native Hawaiians. This is a unique business
model, that is an exemplary way to benefit the host culture that has been neglected for so
many years.
Hard working: AI is in the office early in the morning and leaves late at night. He knows
everything that goes on in his company and works tirelessly to ensure its profitability and
longevity.
Caring and Considerate: AI cares about his workers and their families. When I left SIC in 2005, I
explained to him that due to marital problems I was experiencing, that I needed to be on
Hawaii island full time, so that I could focus on the welfare of my 8 year old daughter. I
explained that commuting back and forth to Oahu, was impacting the progress my daughter
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was making in school, as I could not rely on my ex-wife to step up and be responsible. AI
immediately asked me if I wanted him to re-assign my position to Hawaii island. After some
discussion, we agreed that the job I had, required that I be on Oahu, where most of my
subordinates were based. I moved on, only to return in 2007, after he had a need that I could
fulfill while living full time on Hawaii island. FYI, we ran our $120M submarine project from an
office trailer in Puukapu, Hawaii island, right next to a DHHL homestead pasture and Kanu o ka
A ina New Century Charter School.
Proud Native Hawaiian; AI is a proud native Hawaiian. He supports the Kamehameha Schools, the
Department of Hawaiian Home Lands and Kawaiahao Church. He will bend over backwards to help
other Hawaiians, that for so long have been forgotten, by their host culture.
Impacts of Incarceration
Impacts to SIC, its employees and customers: I have grave concerns that if AI is incarcerated,
SIC, its employees and customers will be in jeopardy of losing their jobs, losing their telecommunications
services that they depend upon.
Lessons learned; Since Mr. Hee's conviction; he has clearly understood the errors that were
made and the consequences of those errors. He is embedded in the community, as well as
bonded with his family and two grandchildren. He is not a flight risk, nor threat to the
community. He is remorseful and humbled and will never err in this manner again. AI can do
more outside of prison, than in prison. Community service, house arrest and assisting others in
the community are ways in which he can rehabilitate and atone for his errors. Incarceration
serves no beneficial purpose to himself, or the State of Hawaii.
Sincerely,
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In closing, Mr. Hee has the vision to take the opportunity to provide services using funding that
has been set aside for Native American people like Hawaiians. He has not accepted the fact that other
phone companies deny the Hawaiian communities service because it is too expensive and if they are
serviced not profitable enough. This job I have at SIC has opened my eyes to how many native
Hawaiians have had to endure because of lack of service, too expensive service or just not a priority.
Mr. Hee has made them his priority and I have made them mine because of his vision for the future of
the Hawaiian people. I ask you for leniency to a man that has used his vision.to provide services to the
Hawaiian communities.
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Sincerely,
Teresa L. Gonsalves
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September 6, 2015
The Honorable Susan Oki Mollway
ChieJ Judge
United States Distri.ct Court
300 Ala l\lloana Blvd.
Honolulu, Hawaii 96805-0338
Dear Judge Mollway,
I am writing concerning the upcoming sentencing of Albert Hee. I have known Albert from our high
scbool days at the Kamehameha Schools at Kapalama. His wife Wendy and I are classmates and close
friends. I have known him on a personal level. and through his W()rk at. Sandwich Isles Communications.
I am .a lifelong Big Island resident, working in Accounting at North Hawaii Community Hospital, a
Queen's affiliate;in Waimea. I was raised on Department of Hawaiian Homestead Lands (DHHL) and my
mom still lives in the home that I was born in. My brother, my sister and I have bee.n fortunate.enough
to get our own DHHLieases in Waimea. So I arn very familiar with tbe struggles of living in a rural,
underserved area. One of the biggest obstacles has always been funding for infrastructure. The fact
that Sandwich Isles Communications has been able to .provide the phone and internet services, at what I
believe is at no .cost to DHHL, is very beneficial to those on DHHlleases who would not have these
services were it not for Albert's company. Or at the very least, it frees up funds which mightotherwise
have had to come from DHHL, to provide for other vital infrastructure. And it goes from the large scale
infrastructure down to .the individuals like in my own family. They have been able to save hUndreds of
dollars every year for several years now, on their cell phone bills through Sandwich Isles
Communications which has been very helpful, especially for my morn who [son a fiXed income.
When I think of Albert, I think of a man who has worked constantly and thought innovatively to serve
the needs oft hose less fortunate. That. has been my experience with the Albert Hee that I know. While
the court has decided that Albert has made some mistakes, I would hope that all the good that he has
tried to bringto people's lives would be a heavy counterbalance to be taken into consideration. I have
heard a story he likes to tell about his mom telling him he needs to try to help the Hawaiian people. I
strongly believe Albert has taken his mother's words to heart and that is what he has tried to do, help
the Hawaiian people.
Finally, I would like to ask for leniency in your deliberations
I warit to thank you,
your honor, and the courts for your time and considerations,
Respectfully,
Carol Davis
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There are a few things one takes for granted and two of them are having phone and internet
service. Well it isn't that way, especially for some recipients on Hawaiian Home Lands living in
the most rural of areas where they were unable to get both services for years, until SIC built
facilities in order to bring service to them. AI is the one who made it possible for those
recipients on Hawaiian Home Lands in the most rural areas to receive both phone and/or
internet service. Two of those sites which quickly come to mind are recipients at Pu'ukapu on
the Big Island of Hawai'i and Kahikinui on the island of Maul. in fact, I recall getting calls from
users saying how much they appreciate getting phone service which they weren't able to get
for years because of their location and was worried that they would not be able to contact
someone in case of an emergency. SIC made it possible for these users to receive phone
service.
I understand that AI is being sentenced for a tax crime which is the reason for my writing.
I have known AI now for some time and I've seen his kids grow to be strong and respective
individuals which are a compliment to AI and Wendy Hee. AI not only looks out for what's best
for his family, he looks out for what's best for his employees because in Al's eyes, he looks at us
as his family too.
Incarcerating AI would be wrong, especially when his intentions have always been for the good
and to bring service to rural areas on Hawaiian Home Lands where others won't. His intentions
are and have always been to serve others.
With all that is stated above, I hope that you would consider leniency, or probation, or a
minimal sentence. It's because of AI, those rural areas on Hawaiian Home Lands that did not
have
Rae Correia
NA
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Paul Sita
September 4, 2015
The Honorable Susan Oki Mollway
Chiefjudge
United States District Court
300 Ala Moana Blvd.
Honolulu, Hawaii 96850-0338
Dear Judge Mollway;
My Name is Paul Sita and I am writing to you on behalf of Albert Hee who is scheduled
in October to be sentenced for Tax Crime. I have known Albert personally for the last
37.years dating back to 1978 when he was a young Naval Officer working with my father
in Bayonne l'{J. Having recently graduated from the United States Naval Academy, and
far away from his home in Hawaii my family provided a second home for Albert and we
became very close throughout the two years he was stationed in Bayonne.
Many evenings Albert would sit at our dinner table and regale us with stories about life at
the U.S. Naval Academy. I became fascinated with this institution and because of the
man that Albert was and character he displayed, dedicated myself to attending the Naval
Academy. In 1982 with a recommendation from Albert I was awarded an appointment
to the Naval Academy and commissioned an officer upon graduation in 1986. The
mission of the Naval Academy is:
Albert Hee taught me through his strong character a belief in the academy mission to live
my life to this higher standard. It was a lesson that served me well through my time at the
academy and continues to guide me through my life today.
In 1988 after I graduated from flight school I requested to be stationed in Hawaii at NAS
Barbers Point. I once again had the opportunity to reunite with Albert and spend time
with his young family. Watching Albert interact with his family and members of the
Hawaiian community he continued to guide me through his character and strong sense of
farrri,]y ai1d
I lea,medfirst:hand from members of the Hawaiian community of
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the excellent work Albert's companies were doing in serving the underprivileged natives
of Hawaii'
Your Honor, over the course of this trial I have seen Albert's health be severely impacted
as he has had to come to grips with the consequences ofhis actions and the thought that
he will be taken away from the family that he loves so dearly. If you can find leniency in
your heart for them I can assure you that it will not be wasted. Thank you for
considering this letter as you begin to deliberate Albert Hee's fate.
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4879
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shared his experiences with me and made recommendations. I look to him as a mentor in my life and in
many ways he inspired me to start my own business that I now own and operate today.
As much as those stories exemplify his generosity one story really stands out that I feel demonstrates his
morals, values, and character. In April2012 I was working as a 1099 contractor and after doing my taxes
I learned I owed seven-thousand dollars to the IRS. This was the first time in my life I was caught in a
bind. Mr. Hee always extended the grand gesture of saying, "If you ever need anything just call." I
always thought that this was something nice that people said but really didn't mean. As a last resort I
called Mr. Hee and it was as if he was expecting my call. I remember feeling ashamed and embarrassed
for having to ask for money, of all things, but he must have sensed the urgency in my voice and knowing
how I felt toward my financial responsibilities, he put me at ease and generously lent me the money.
Two days later I received the money and paid my taxes. This situation really showed what type of
person Mr. Hee is. He clearly understood how important it was to me to pay my taxes and he showed a
high level of integrity in following through on his word.
In my opinion, rules and limitations are put in place to keep the tax system honest, equitable, and fair. I
believe Mr. Hee responsibly adhered to those rules upon advice from his financial team who he depends
on to know the rules and advise him accordingly. I believe it would be a waste of tax dollars
incarcerating Mr. Hee. I understand there must be a punishment for any crime, but I feel his creative
and innovative thinking could be better used to help others in the community by creating opportunities
to address problems and explore solutions rather than stagnate in a jail cell. I would suggest that he
contribute a commensurate number of community hours directed towards helping independent
organizations, non-profits, and small business owners enhance their operations. Perhaps they, too, will
create opportunities in a "pay it forward" fashion for others seeking to be in the workforce.
In that light, I urge you to consider an alternative sentence for Mr. Hee.
Respectfully,
Amber K Carter
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Sept. 2, 2015
The Honorable Susan Oki Mollway
Chief Judge, United States District Court
300 Ala Moana Blvd.
Honolulu, Hawaii 96850-0338
Aloha Judge Mollway,
My name is Donny Ma'a and I am one of many first cousins to Albert Hee. 1
am writing to you today, to ask for leniency for my cousin Albert. I am so grateful
to have AI as a positive influence in my life. He is that big brother I never had and I
knew I could always count on him to have my back. I am the second youngest of
all the first cousins and I guess you can say, I was one of those that learned
everything the hard way. AI was there for me when 1 needed help to get me back
on track. He is so busy but he made time to talk when I was going through rough
times and he helped me see the greater good in myself as well as everyone else.
In my youth, I was a pretty good athlete and AI was there to support me at
my games. Besides my parents, Albert was most instrumental in helping me
become the person I am today however he will never take credit for it. In our
family he is the one person you can count on to listen and help you in times of
need. Albert showed me that if you want something you have to work hard to
attain it. On many occasions, he was there to help me when the teams I was
coaching needed equipment or T-Shirts. When I got inducted to the Mid Pacific
Institute Hall of Fame, Albert came forward to purchase enough tables so I could
invite our extended 'chana to be there to celebrate with me and enjoy this once
in a lifetime moment. I will never forget all of the things he has done for me and
my family and to this day he is still the kindest, and most generous person I know.
I humbly ask you again Judge Mollway for compassion and leniency in the
sentencing of my cousin Albert Hee.
Mahalo,
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My name is Noel ani (Ho' opi'i) Shu rill. I am a Kane' ohe native and currently live in San
Francisco. I am a project manager for lithium ion Battery Production atSSL, a
communications satellite manufacturing company based in Palo Alto. My husband and I
are parents to 2 beautiful chlidren, Skye (4 years old) and Lear (8 months old).
I am writing today because it is my understanding that Albert. Hee is being sentenced for
a tax crime. I have known the Hee family for many years. My parents attended school
with Albert and his brother and our families knew each other from the Kane'ohe
community. His second daughter (liko) and I attended school together from
Kindergarten all the way through college at Santa Clara University.
From the time I was a young girl, the Hee family was always a large part of both the
school community and the Windward O'ahu community. Uncle Albert and Aunty Wendy
played an active role in their children's academic and extra-curricu.lar activities. They
were always involved with our .class fundraisers, functions and events. Even when it
came to sports Uncle Albert took ti.me out of his busy schedule to give me pointers on
the .most important fundamentals in the sports that I participated in such as softball and
basketball.
Uncle Albert was also generous enough to allow me to work for Sandwich Isles
Communications (SIC) for three summers when 1was home from college. I was just one
of several college students Uncle. Albert employed during the summers at SIC. My time
working for SIC was valuable in so many ways. SLimmer work at SIC consisted of manual
labor on agricultural land which induded pulling weeds, watering plants, clearing the
land of rocks, and planting plants. It was Uncle Albert's way of building character in us
and reminding us of the importance of education .and completing our college degree.
Working at SIC was also a great experience. of worl\ing as a group 0 r team. The work we
did wasn't difficult or complicated but we collectively organized our efforts to make sure
we didn't have to spend more time than we needed to on a project. Over the course of
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knowing the Hee's I learned about the communications system that Uncle Albert was
putting into Hawaiian Home Lands. I realized it is very difficult to be able. to help the
Hawaii community in such a w;JY that Uncle Albert does. My work ethic and career path
would not be possible without the positive influence and generosity of Uncle Albert.
I would not be where I am today without the help of Uncle Albert and Waimana
Enterprises. 8y allowing me to live in the house near Santa Clara University I saved
thousands of dollars on housing alone. I was raised by a single mom so these savings
helped make it possible for me to complete my degree. These savings relieved a great
deal of the high cost burden of my college education.
Uncle Albert also helped me purchase my first car. My mom and sister were unable to
help me co-sign for a car loan. I called my second family, Liko and the Hee.'s. Liko
explained my situation to Uncle Albert and without hesitation he generously gave me
$10,000 to use as a down payment on a vehicle and I was able to take out a loan for th.e
remainder of the car. It's been over 6 years and I am still paying Uncle Albert back for
the $10,000. He has never asked me for repayment and doesn't question when I'm
going to pay him back.
As long as I have known him, Uncle Albert has always sought to help people. I have seen
examples of his generosity and integrity time and time again. He has never sought
attention or gratification for the things he has done to help anyone. I am saddened by
the stress and negative effect that this nightmare !)as had on Uncle Albert and the rest
of his family. It would be a great loss for myself, my family and the Hawaiian community
if he is incarcerated. I have young chi.ldren and so do.es his daughter. I know that his
relationship with his grandchildren will suffer if he is incarcerated. They deserve to
grow up with special experiences with their grandfather like we had. Please do not
deprive those children of that critical time and relationship. Family .is such a big part of
Uncle Albert's life and I don't think that that bond should be broken.
Albert Hee is a GOOD MAN! He. and his family do not deserve this treatment. I end this
letter with a plea to consider the good he has done for me, my family and the Hawaiian
community, I strongly believe that his intentions were never negative. I beseech you,
Honorable Judge, to consider leniency when it comes to Uncle Albert's sentencing.
Mahalo Judge for considering my statement as you deliberate on Uncle Albert's fate.
Respectfully,
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grow through the years. l would like to take this opportunity to share my feelings on the impact
that Mr. Ffee has made on myself; my family, and out community and state.
We lo$1 track of each other following hlgh. school as he entered the Naval Academy while my
htl$band and. I moved. to tbe Pacific Northwest to continue our educati.on. Dming our absence
from seeing each other, we both stM!ed. our fumilies. Upon reconneeting with. each other, it was
touching to om heart$ to sec Mr. Hee develop into a devoted fumily man, a loving husband and
father, as well as a loyal and true friend..
Mr. Hee did not know of Otlr loss (as it was not something we talked
about) but \Vhen he did find out, he was loyal to our fri:emlship, and considerate and loving to our
needs and heartache. My husband mentioned to Mr. Hen that he wanted to set up a charitable
golf tournament in honor of
. Wilhout hesitation, Mr. Hee became our corporate
sponsor for tins golf event, with proceeds going to the children's playroom at Kapiolani Medical
Center
. He has since been a key contributor to the other
above mentioned fund raising events to benefit the Ronald Mcbona1d House Charities of
Hawaii.
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Page Two
RE:
Albert Hee
Mr. Hee has also been a tremendous mentor to my two oldest sons. He has shared with them
why ii is important to have a mission in Jife.l know this had a positive effect on my sons in
developing theit emrepreoeorial direction in life and their successful businesses. He has been a
great friend to my husband. My husband often reo1arks on the courage to move forward on
projects that Albert exhibits when othets say it can't be done. Many of these projects were and
continue to be to help strengthen Hawaiian commnnities throughout the state. They include
bytiroeleetric darns on Kauai, proposed desalination facilities on the Big Island where water is
difficult to come by for Hawaiian comrnnnities, as well as fiber optic telecommonication lines to
serve the areas of Hawaii that treditiona1 businesses don't ventare to because in their minds it is
just bad busines$, IE; no money to be made). These contributions are rarely made by other
businesses or inve;i:ors.
If Mr. Hce is incarcerated, the biggest impact on the community would be to the projects he has
dreamed of completing for the Hawaiian commut1ity. These include infrestrnctnrc projects from
water, to electrical and te1ecmnmunications. This impact would slow wl:!at is needed for the
Hawaiian population to better theit eitcurnstanees and build a brighter fut1ire for the next
gerteration.lt would also affect his support of !telping our non-profit raise monies to help the
families of serlousJy-ill childreu that depeod on the Ronatd McDonald House as there homeaway-from-home while undergoing treatment These families need us.
Our non-profit depends on people
like Mr. Hee.
I am deeply concerned for Mr. Hee's well being should he be incarcerated. He would not have
access to the healthcare that he currently USS which has helped him to be functional in the
community. Traditional medical care would only treat his sytnptoms. The iype of care in the
prison system would follow along this path. With incarceration, there is. a good chance that he
would suffer tremendously from his
conditions as he would not be able to monitor and
maintain his state ofwellness.
I Thank You in edvance and humbly ask that you consider the itnpressions that myself and many
others feel regarding the possible incarceration of Mr. Hee. Pmbation in this case, especially
because of his health concerns and the fact that be has helped so many of the citizens of Hawaii
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Page Three
without !heir kno>\ing !his man and. his acoomplisl:lmant:s, is soll,le!hing I would plea to you tor.
1n !lllmy other tax cases, peualtica are levied and people move on. r Welt'l:lllt !his would show
justice and mercy.l hope and pray mat you wmdd tske these !hlugs ium eonsidmation.
Respectfully,
-/ ,
Roxane A. Kimura
Co-Founder
Mmns On a Mission Hawaii
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WILLIAM M. KANEKO
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Page Two
desire to provide justice, equality and resources for Native Hawaiians through his activities at
Waimana/Sandwich Isles. Our discussions were inspiring and motivating.
Long-story short, HIP A eventually outgrew the three cubicles at Waimana/Sandwich Isles,
eventually establishing its own stand-alone offices on Bishop Street. And, fifteen years later,
HIPA published and engaged in over twenty major policy reports and initiatives on healthcare,
economic development, sustainability, public education and other key issues facing Hawaii. In
so doing, HIP A has advanced and addressed issues like the medically uninsured in Hawaii; poor
and aging educational facilities in public schools; economic development opportunities in
science and technology; and the impact on the military in Hawaii; amongst others key policy
issues.
And, over the years, HIPA has received major research grants and support from the U.S.
Department of Commerce, U.S. Health & Human Services, Ford Foundation, Robert Wood
Johnson Foundation, Hawaii Community Foundation, Omidyar Family Foundation, Sam & Mary
Cooke Foundation, HMSA Foundation, amongst others, to research and explore a myriad of
public policy issues in Hawaii. And, AI Hee was there from the very beginning; believing in our
small, tiny organization; and giving HIP A a chance to grow and prosper as it did.
While it is unclear to me as to the detailed facts and conclusions of the case involving AI Hee, I
am also a believer that it is essential to evaluate a person as a whole ... to weigh the good and
the bad; the triumphs and defeats; and the noble acts and mistakes. It is clear to me that AI,
over the course of his life, always had the desire and track record to advance the public good,
particularly for Native Hawaiians. He has made a positive difference in my personal and
professional life.
I hope you will consider my words and experience with AI Hee in granting leniency in his
sentence. Thank you for your consideration in this very important decision.
Sincerely,
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Harryson G M Nicholas
Hotel and union representative for the hotel employees. Charley and Roselani Hee were/are
hard working middle c;lass parents that rose
the ranks at their respeaive professions,
were contributing members of society by virtue of their positions and values, had struggles that
all families incurred and endured, raised two sons and yet without skipping a beat they
welcomed me
their home and cared for me because I was abandoned by my mother and
had nowhere to go. Albert grew up in this loving and solid family, learned and retained those
values and was guided by these same values as through his adult life. His excellent education at
Kameharneha School and the Naval Academy, his military service, and life in general reflects his
love of his community, family, and his parents. Aunty Rosie passed a few years ago and Uncle
Charley is aging; yet, through all of the turmoil he continues to care for and spend time with his
father.
His generosity has always been immense! On several occasions I have asked for job
opportunities for my children and friends and he has always responded by either finding them
employment with his companies or elsewhere through his sodal network. The opportunities
that he has afforded my family and friends have allowed them to grow as adults and provide for
their families. This man has done this for me, my family and so many others and for that they,
as well as I, will always be grateful.
We were at a family gathering and were talking about different things and I asked him what he
was thinking about when he decided to start his companies and take on such a large
responsibility. His demeanor shifted, his tone calmly serious, and he shared his thoughts about
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the building of Waimana Enterprises and Sandwich Isles Communications. He told me that his
primary goa! was/Is to serve the Hawaiian community, especially those on DHHllands because
certain OHHL benefiCiaries were being exduded in communication services by all providers. A
second goal was to provide a secure source of occupation, financial security, and education for
Hawaiians where they could work for a mission oriented company and earn a good living, learn
a trade in the telecommunications field, and if they desired, move on to other companies with
skills !earned here when the opportunity presented itself. Last but not least was to provide for
and ensure his family was secure In their future In the hopes they would take over the company
one day. In my estimation AI succeeded in all of the missions he set l,)efore himself and
altlmush incorceration seems imminent he continues to tirelessly work so that SIC sefl!ices will
not be Interrupted, that jobs that SIC employees depend on will be secure, and that the
company will continue on.
My impression is that the trial has taken a tremendous toll on him. He has lost a good deal of
weight and he appears tired. His face has aged and, to me, he appears to be worn down, yet he
continues on because as he has said it .is not all about him; there are other larger concerns that
he needs to tend to. Albert has very serious health issues that I am very concerned will not get
the kind of attention in prison that is needed. He truly needs a very high quality of care
1believe that the impacts of potential lncar<:eratlon have had devastating effects on Albert as
well as his family and I think thatthe familywHI suffer the most. As with all families when the
patriarch is missing the family will be without that pool of knowledge, support, love, and
guidance that the father provides. Af's 2nd grandchild was born in June 2015 and his 1"
grandchild was born one year before in June 2014 and he loves them dearly and they love him.
By being Imprisoned AI will be away and the grandchildren will grow up not knowing their
grandfather and the love he has for them. Hopefully the iove and bond will only be delayed not
lost.
I understand the reasons for Incarceration is to "teach" a lesson to the offender but in a good
deal of cases the trial processes and pressures alone leave profound effects on people that are
enough to deter them from future bad acts; I believe this is one of these cases. I humbly ask
you and in fact, Implore you for leniency for this man. I believe he has learned his lesson and
ask that you give him a second chance. Thank you very much for your time and consideration in
this matter.
Warmest Aloha,
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Sincerely,
Aaron Akina
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September 3, 2015
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food and household supplies based on the condition of anonymity. If asked why he did it, he would
probablY. respond because it was the right thing to do.
I
Finally, AI is the guy who would stop to help someone fix a flat tire. He's the gentleman who opens
doors for women, pulls the chair out, and makes sure he walks on the street side of the sidewalk. He Is
the uncle who has helped both of my daughters with repairs to their homes. He is the boss who allows
me to house and care for two steers and a heifer on the Mililani property. And he is the friend who built
a container for their food, etc. and welded feeding troughs for them.
It Is difficult for me to imagine Waimana Enterprises and its sister companies without AI. He has the
Ideas, motivation and vision, and I don't believe that there Is anyone else on-board who could step1Jp
and fill the void he would leave if he were incarcerated. The impact on the companies and their ability
to survive/thrive without him is impossible to predict; however, the possibility of my co-workers losing
their jobs exists.
Judge Mollway, when you sentence AI, please take into account all of his acts of kindness and generosity
to his employees, friends and the community at-large. I don't feel that the charges levelled against him
were committed with criminal intent and respectfully ask that you consider probation and community
service as restitution.
Thank you.
Sincerely,
-11.
Nancy Henderson
Dear
Mollway,
28 August 2015
I understand that Albert Hee will be sentenced for a tax crime. I would like to offer my
impression of this man with regard to his generosity and sense of community.
Eight
ago I had the opporwnity to work with him when his company sponsored a
series of "public service television announcements" in a unique and unusual donation made
to Hawaii Public Television. The campaign was entitled, "The Elders Speak... It was an
homage to Hawaii elders and a gift to public television that were as welt. a creation of priceless oral
histories preserved in film. We did not Interview well known sports figures, entertainers, or public
personalities. One man was an expert squid catcher, anOther had worked on the docks for 50 years,
Uncle Buzzy Agard shared boyhood recollections of early plantation life and the hardships of
poverty that one does not expect when thinking of childhood in Hawaii. and john Kaina was a
taro fanner whose ninety seconds of unscripted video I still find inspiring when I ask myself
("Is the work we do worth the strugglel").
We thought surely that Albert Hee. the CEO of the sponsoring company, would demand we
include
from our selection of 20 profiles. He was not interested in credit or in Including celebrities,
His motivation for sponsoring the campaign was altruistic. He simply wcmted to preserve these
kupuna and their memories of "a way of life that's fading ...
The fact that he did not want credit is no exaggeration. In the end, we managed to convince
him to include his company credit during the last 6 seconds at the end of the videos.
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To this day, I've not forgotten the experience of having w.orked with a corporate leader
..;
who showed such humility, willing to shoulder the cost of a major project and to do it
without credit.
I believe that Albert Hee was satisfied in knowing that by preserving in fllm,
the recollections of those fifteen elders, he was not just gifting PBS Hawaii with a campaign,
but he had preserved something priceless on behalf of our greater community.
I understand that Mr. Hee has shown similar concern for his community in other
ways. I happened to witness this one particular event that impressed me
enough to be writing you now. During the course of my career I've interviewed many
people, but rarely have I met a successful businessman who did not seek public notoriety
or who expected some level of returned value to his. company. He was the first.
I think that there may be greater benefit in having Mr. Hee donate his services
to the community rather than isolating and incarcerating him for any length of time
where he cannot contribute greater value.
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Your Honor,
This letter is written on behalf of Mr. Albert Hee, a friend and supporter of our non-profit
organization, the Natural Healing Research Foundation (NHRF). We are saddened to
learn about the troubling issues concerning Mr. Hee from articles in our local
nE)wspaper. When we first formed our non-profit entity to carry out the goals of Master
Hong Liu, who. was recognized by our State legislature for his work to bring natural
healing practices to the people of Hawaii, Mr. Hee provided a small office space fur our
use. Without this space, the formidable task: of applying for non-profit status would have
been impossible for our small group of volunteers to undertake. Because of Mr.
gracious support, we were able to furtberour work in that offiee. and NHRF was able to
achieve its non-profit status in 2004.
Mr. Hee was aware that NHRF is made up of dedicated volunteers and is dependent on
donations to carry out its mission of providing health, wellness, and natural healing
instruction to the local community, especially our kupuna and keikf. As a result of Mr.
Hee's k.indness and generosity, NHRF was able to offer free events on preventing
common ailments such as allergies, asthma, lung disease, obesity, and kidney disease.
In addition, NHRF was able to provide free services to strengthen the immune system
for the most vulnerable members of our community. Without the consistent support of
NHRF by benefactors like Mr. Hee, NHRF would not have been able to offer donorsponsored health events like these.
When NHRF was seeking a cost-effective way to obtain an herb known as Buddha
Hand, proven effective for the treatment of illness, Mr. Hee provided an area in Mililani
to grow 300 small plantings of Buddha Hand trees. Since then, others in the community
have also begun to grow Buddha Hand and a cottage industry in Hawaii was created.
Mr. Hee has shown numerous acts of pure kindness to NHRF without regard for reward
or compensation for himself, his
or his business. His kindness and generosity
have helped to spawn many health sustaining programs for people of all ages in Hawaii
and even to those who suffer from addictive habits.
Mr. Albert Hee is a very kind-hearted man who truly cares for the people of Hawaii. We
humbly and respectfJ.JIIy ask that his contriqutions to Haw11fi also be considered in the
decision regarding his future. Thank you very much for your consideration.
Sincerely,
/",.--
... .'.
.J7 'L:
Hong Liu
President and Co-founder
C::v.vI/'4
1/
Ann Yamamoto
Treasurer
/.:
Joyce Settle
Co-founder
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ssFm
31 August 2015
Michael P. Matsumoto
President/CEO
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Sept. 10,2015
1 can
still recall Mr. Hee's profound thank yous, hand shakes and formal embrace. It was a
warrn and close relationship that impressed me like something of a father ond son friendship. Mr. Hee
has always been involved in and a contributor to numerous community events in the state of Hawaii
and continues to be a good mentor for all young people who are interested in learning about business,
telecommunications and being productive citizens.
Although, I do not know of the specifics regarding Mr. Hee's case. I am in full support of him because of
his good work on behalf.of our community and especially Hawaiian homesteaders. In all of the twenty
seven and a half years of ser"ing with our beloved Senator Inouye, I did not observe anything improper
or questionable on the part of Mr. Hee to think otherwise. Please consider his good nature and the
good work he has done in the community and grant him leniency.
Thank you for your consideration ahd please do not hesitate to contact me if you have any questions.
RespectfullyY'?.
'-tfi.J?:J, (JitlJiJta-
/1/j_ . :
'T
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incarceration and put in a position to continue to help the Hawaiian people by telling his story
and working to set things right.
Judge Mollway, in closing, I ask for your consideration of leniency in the sentencing phase. I
believe that Albert Hee, serving a probationary period, will be able to further the cause of
helping Native Hawaiians much more effectively than he would be if incarcerated for an
extended period of time. At most, please consider a minimal sentence, and thank you so much
for your consideration of this request as you deliberate Albert's fate.
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eONSULTANTS
M ! D - S T A T E
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During the build out of the Fiber Optic Network that Albert envisioned we came across many hurdles and
road blocks along the way. As a new communications company within the State of Hawaii, Sandwich
Isles was not looked at as a "real" communications company. Sandwich Isles was being asked to pay fees
for use of Public Rights of Ways by the State through easements, limitation of work hours, and
moratoriums that didn't exist previously. Albert feverishly worked with Right of Way owners to allow
his company to be treated just like any other utility company within the state and he also looked at other
ways to not impede the communities he served, by being creative and going the extra mile to work within
the system and address any concerns. Obtaining the lease and use of abandoned waterlines allowed us to
construct at a much faster pace with minimal impact to the public, the environment and other utility
companies (as to not damage their facilities). Albert introduced Horizontal Directional Drilling to the
island of Maui. Maui has one of the toughest burial councils in the state of Hawaii. The opposition that
was put up against the introduction of this method of construction was unwavering. Several discussions
and accommodations were made by Albert in how we were to proceed once we demonstrated the minimal
impact this method of construction would have on the cultural remains scattered around the state of
Hawaii but predominantly in Waiehu, on the Island ofMaui.
My best wishes are with Albert and his family and the toll a case of this nature would take on any family.
Albert's family extends to the employees that work for him and their families. It's hard to imagine the
impact on so many lives affected by this investigation and trial. Albert is Sandwich Isles
Communications. He is the visionary of the company. He is the reason so many are employed and a large
percentage of them being of native Hawaiian decent. He has given opportunities for so many people in
order to better our lives and the lives of those around us. His integrity and passion for providing for
others flows through many of us, and how we try to give others the same opportunities. During the
sentencing, I'd like to thank the court for their time and for allowing me to share my professional and
personal experience on the impact Albert has had on my life. He is a mentor in business and in life, and
I'd like the court to consider this when passing on a fair sentence for Albert.
Respectfully,
Edward Pukini
Regional Vice-President
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October 2, 2015
1.
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2.
To my understanding, most "tax fraud" cases involve the failure to report revenue to the
IRS. In this case, it seems to me that everything was documented for the IRS's review. The
deductions that Waimana Enterprises took were clearly laid out in the documents that were
provided to the IRS years ago.
I am not quarreling with the jury's determination that it was wrong to deduct these items,
and that Mr. Hee should have declared them as income; 11ut I am suggesting that, in
determining the appropriate sentence, the Court take into consideration that all of the facts were
documented in Waimana's records that were provided to the IRS at the outset of the audit.
3.
The Amount Of The "Tax Loss" Is Large Because. the IRS Observed The
Same Deductions Being Taken Year After Year Before Finally Filing
Criminal Charges
In determining the appropriate sentence, I submit that the Court might consider that the
IRS conducted this audit over nearly a decade. As each year passed, and Mr. Hee continued
to do the same things that the IRS already knew he was doing, the total amount of the alleged
"tax fraud" grew. So that when the IRS finally got around to filing charges, the case involves a
much more substantial amount than would have been the case had the prosecution been
initiated a reasonable time after the audit began.
4.
The jury made its findings and I will not quarrel with them. However, it occurs to me that
many of the things Mr. Hee has been convicted of are things that ordinary people might not
even understand is a crime. Shareholder loans are not uncommon; and loans to the majority
shareholder that are not documented with a promissory note are not uncommon either. My
fri.end once repaid a loan like that to my corporation, referring to it as the "zero doc loan.
Similarly, I have known lawyers whose corporations paid for the lawyer's travel to the
mainland to attend a seminar. It just so happened that the lawyer's daughter was attending
college in the same city where the seminar was taking place, and the lawyer stayed in town for
a week or so after the seminar ended.
I think most of us have worked somewhere where the boss's kid was on the payroll but
didn't do much work. Again, I never conceived that the boss was committing a crime by doing
such things. I was once involved (on behalf of a medical ihsurance provider) in a dispute with a
local physician who claimed his 90+ year old mother was his employee. While I aggressively
pursued the insurer's claim, it never occurred to me that the doctor had committed a crime.
In contrast, the more serious charges made against Mr. Hee (relating to the lease of
abandoned water mains) were dropped before trial.
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LEXR. SMITH
for
KOBAYASHI, SUGITA & GODA
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(O!A!O
Hawai(!
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Peg Bowen
Associate and Offke l\fanager
I was the Administrative Assistant to Executive Vice President He11ry Giugru. Beru:y communicated
to me his close relationship to AI, wrJch I believe began when rhe G1ugn.i's sponsored Al while he
attended the U.S. Nav"l Academy. Bent)' wanted me to know that Al was important to him and he
memored him like a sou. Over the
several years I wmild speak to A! on the phone and meet
with him a few time,s a year when he would tta\'el to \Va.hington. In each insumcc, I found him to
be a person ot inregrit;y, creative, honorable, and bad a gcne1xms heart. W1tcn we were pursuing a
government relation solution fqr t>ne of his projects. and met an obstacle, he would suggest a
creative solution, thinking outside the box and looking at the big picture. And like Henry, hL' word
was his bond, .his hilllchhake his conttact, a man you could depend upon.
In 2005, Henry Giugni was 80 years old and his health began to fail. Al ttaveled to
Washington to visit more frequently
Henry, and I was able to get to know him more personally
as we both cared for Henry. '11mt is when Ile=cd of several of Al's health issues, i.e. asthma,
allergies, and later his heart conclition. Al provided il gteat deal of care a.nd suppott to Henry,,his
family, and to me dming Henry's illness and ultimate death. I mcu\J's eldest daughter, Ho'o, at the
memorial se:n'ice in Washington and when I traveled to Hawaii fox the funeral, A! introduced me to
his lovely wife, Wendy. A year later wht'll i\1ts. Giugni died, A! was here again with Ho'o, to offer
supp011: to the family a.nd to n1e.
In 20ll7, I joined my current firm, RR&G, LLC, nnd I arranged a business development
meering with my colleagues to meet with AL He brought his daughter, Ho'i>, to the meering
RR&G, and she also attended the congn.>ssionaJ bearing where 1\l was asked to participate on a
panel discussion. Ow: fdcndship has conrioued over these years,
as with my office colleagues
as they found mutual ways to suppott each other's businesses.
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For over 15 years I have known Al Bee. He is a good truu1, loving husband, father and now
grandfather. Family (and all those who are considered extended family) is a>l important part ofhL,
patemalistic in his demeanor, a caretaker. And this .shows with his
identity. He is a
immediate family, his <;mployces, companies, and rhose he considers friends.
Re.spe.ctfully,
Pegiiowen
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October 1, 2015
Albert Hee
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13 September 2015
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But along with the success came the professional jealousy that often comes with success.
Not everyone was happy to see SIC succeed.
Albert Hee is a keiki 'o ka 'aina. He is also a Hawaiian that made it to the top of the
business world. He is generous in the Hawaiian community must be allowed to continue his
work in the community. He is remorseful and clearly will make these missteps again. Jail
time serves no purpose. Please consider other alternatives to incarceration.
Aloha Pumehana,
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ana
My person <II experience with Albert iS this, that if you ask him for an inch he will give you a mile
and then some. My wife and I sought out his expertise when we lol(ere struggling with
substandard internet connections living on Hawaiian Homestead land. While we were just
seeking advice, he was willing to help us in any way that he could, going above and beyond
what anyone would IJave expected. His first tl:lought was "What can I do tb help?" Ultimately,
we were able to find a workable solution but knowing that Albert was more than willing to do
what he could to help us Is something we will not forget. He is generous and giving and I am
hot speaking monetarily, but in. his generosity of compassion, time and effort.
I find a connection with Albert because he too can empathize with people who need help. In
my experiences in law enforcement, I found many times going out of ones way to help
someone in need was well worth it even if it meant not following all the rules. Now I hope in
Albert's situation, that perhaps even if he may not have followed .all the rules, that he will have
more than just the .satisfaction of knowing he helped many, many people but that it will count
for something more in the world of justice.
We all make mistakes from time to time, even those like Albert and myself, who are both
people that tend to help people they don't even know. That again is what Albert is like. One
mistake in noway can erase all the good things Albert has done. I strongly feel all the good
things that Albert has done for people should certainly give him some kind of break. Thank you
for your time and considerations.
Respectfully,
Alec Davis
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AI has done all of this without much fanfare. His character is such that he does not seek the
limelight and prefers to do good work without recognition.
AI has the character, abilities and determination that are valuable to our community. I humbly
ask that you consider having him use those assets to do more good for the state in community
service. Sending him to prison would take away a resource that could be used for the
betterment of our community. I respectfully ask that you have AI commit to community
service.
Me ka mahalo nui,
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I have no doubt that this incident will never repeat itself in Al's life. The charge and conviction have been a catastrophe in his life and in the life of his family. I am grateful that he will
stand before you on sentencing day, because time and again you have displayed an admirable balance of justice and mercy. I can only ask that you do the same with this good,
and like us all, flawed, friend of mine.
Many thanks for taking the time to read this letter.
very trQJ..urs,
Gierlach
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September 5, 2015
The Honorable
Oki Mollway
Chief Judge
United States District Court
300 Ala Moana Boulevard
Honolulu, Hawaii 96850-0338
Aloha Judge Mollway:
My name is Ben Henderson. I am a personal friend of Mr. Albert Hee and his family, and
a former colleague of his at Waimana Enterprises. I am an advocate and supporter of
Mr. Hee. In submitting this letter my hope is that I can provide a different view and
perspective of Mr. Hee than the manner in which he has been portrayed by the Federal
Prosecutor and the media reports that have been written.
I have known Mr. Hee and his family both personally and professionally for more than
three decades. My association with the Hee family first started when his wife, Wendy,
and I worked together as planners at the Office of Hawaiian Affairs in the early 1980's. I
have witnessed the birth of their three children and watched them grow into the young
adults they are today. I also spent several years working with Albert when he was
struggling to establish his company. At the time, Waimana Enterprises was in its infancy,
and was focused on developing several hydroelectric projects to reduce our State's
dependence on fossil fuel. I subsequently went on to a rewarding career in State
government. After retiring from the State in 2008, I accepted a position as the President
and Executive Director of the Queen Lili'uokalani Children's Center. I held this position
until my retirement earlier this year.
I will also disclose that Nancy Henderson, who has been employed as Mr. Hee's assistant
for the past fifteen years, is my wife. As you recall, she was a witness in his court case,
and is providing a separate letter of support. Their professional relationship has always
reflected the highest level of reciprocal trust, respect, and support.
What I wish to offer for your consideration as you evaluate the appropriate sentence Mr.
Hee should receive is the following.
First, despite the manner in which he has been portrayed, the Albert Hee that I
know is a man of strong integrity. He cannot be "boughf' or co-opted by those who
may not agree with his motives or objectives.
Second, he thinks outside the box and does not approach a project or task in
traditional ways. He is creative, innovative, and not afraid to fail. In short, he is
his own man who is willing to stand up for a cause he believes in. This has not
always made it easy for him to achieve his goals.
Third, he values his family, friends, employees, and others who need help and
support. He is one of the most generous and giving people I know. He has built
his company with the primary vision of serving others, providing rewarding
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employment and benefit opportunities for his employees, and ensuring that his
mission of service is honored and carried on by his children.
I make no excuses for the errors in judgment he may have made. But this is not about a
man who has been enjoying the good life at the expense of his company. It is about a
man who believes that he is doing the right thing.
As you contemplate his sentencing, I respectfully ask that you also consider all of the
good he has done for the Hawaiian families his companies serve.
Mahalo nui for taking the time to consider my thoughts in this matter. I have confidence
that there will be a just and equitable outcome to this case.
Respectfully yours,
Ben Henderson
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Sept. 3, 2015
Murphy Ka'ahanui
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Your h011or, AI Hee gave the kids at Waianae High better opportunltles and helped give me asecond
chance. When you sentence him, l hope you will consider this and be merclfo!.so he can continue to
help those tess fortunate
Thank you for hearing me oot.
La nee Kahuanui
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season.
Following high school, Albert went to the Naval Academy. I couldn't stand ROTC while
we were at Kamehameha, and that's where we were different. He chose this path in part,
because the Navy would pay for his college education. I, on the other hand went to the
University of Hawai'i. When my school counselor found that I hadn't applied for college, he had
me sign an application for UH, then he mailed it in and paid for it. If not for him, I might not have
ever gone on to Law School.
Many years (and various jobs) later, Albert acquired the contract to install the phone
system on Hawaiian Home Lands, and this was the beginning of Sandwich Isles
Communications (SIC). Under the contract, SIC was to finance and install the phone system
and the US government would pay for the installation. In turn, the government would backcharge Ma Bell because they were given a utility monopoly on the condition that every person
would receive a phone. Ma Bell put phones where it was profitable, mainly, the urban centersand the rural areas were ignored. So, the government stepped in to remedy this situation by
creating a rule that would reimburse a private contractor for financing and installing the phone
system in an area not serviced by Ma Bell.
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On the mainland this plan worked. Installing a phone line is relatively simple ... run some
poles and stretch some line or dig a trench in the dirt and drop in some line. But, in Hawai'i, on
Hawaiian Home Lands, installing a phone line is not that simple. The Hawaiian homesteads
were situated in areas that were deemed worthless. For example, the Kahikinui homestead is
mostly a'a lava. At Kahikinui, it was like busting rock with a rubber hammer.
SIC contracted with my company, Kealoha Construction, Inc. to build the
Communications Building at Kahikinui. This site, situated at about 3, 700 feet elevation was
accessed thru rough dirt roads that the National Guard had scraped thru the a'a lava. This road
was rough, dusty, rocky, slippery, steep and dangerous, and accessible by four-wheel drives
only. Can you imagine that this was one of the sites given to Hawaiian Homesteaders to live?
The Communications Building was to be solar powered and it needed about 2,000
square feet of structure to support the solar panels. So, Albert, designed a structure that would
have a dual purpose. One to support the panels and the second to provide a hale, a community
center for the residents, and both were to resemble a Hawaiian Village.
Our company built those structures, but the working conditions were less than ideal. We
used military trucks to haul the bulk of the materials up the dangerous road. The weather would
change from hot and sunny, to bitter cold and windy when the clouds closed in. Our framing
crew was miserable and complained about the freezing cold and rain that came in the afternoon
when clouds surrounded the site. They wanted to go back home to Kaua'i.
When the buildings were just about complete, the residents asked that some of the road
be paved with concrete because of the dangerous conditions. We couldn't imagine people
having to drive that road to and from home, and so we paved the road.
In the end, SIC had their Communications Building and the Kahikinui residents had their
community center, with powered outlets and lighting. Most importantly, although the
homesteaders had no electrical power or water, every homesteader had phones and the
potential for internet service and broadband- thanks to Albert and SIC.
In summary, Albert is a good friend. More so, he is a man with a good heart. He
provided a first rate product for the Hawaiian Homesteaders and helped them create a sense of
community. I ask you for leniency for Albert. He is a Hawaiian who can make things happen.
Please continue to let him do so, for the benefit of the community.
Respectfully,
./1cJ
k/c.,
Gardner A. Kealoha
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Pilialoha Lee Loy
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given native Hawaiians living on HHLs the opportunity to be heard and be relevant by not letting
the information superhighway bypass our HHL communities - something that the incumbent
phone carrier at the time, GET Hawaiian Tel, was unwilling to do even though it was more than
willing to borrow from the same governmental program as SIC has done for its Saipan subsidiary
for the benefit of Micronesians.
SIC is often criticized for the lack of our line count Gust under 4,000). However, SIC is charged
with developing alongside DHHL which had forecasted 20,000 new HHL lots when SIC was
planning its network. DHHL has not kept pace with its forecast though SIC has always kept pace
with DHHL, and stands ready to continue to do so. More important though is the question of how
many Hawaiian households need to be served in order for it to be acceptable to spend resources in
our Hawaiian communities, especially funds which are targeted for our remote, rural areas.
Ironically, our competitors certainly are appreciative when their end oflife infrastructure fails and
they receive assistance from SIC to keep their networks operating and customers happy. SIC has
provided benefits to not only HHL beneficiaries but also provides our isolated State with
telecommunications redundancy when (and not if) the legacy infrastructure of Hawaiian Tel com
and Oceanic fail. Unfortunately that may be the only way to validate the relevance of those
previously unserved or underserved Hawaiians who SIC has been widely criticized for serving without them (for whom governmental programs have been established) both Hawaiian Telcom
and Oceanic residential and business customers would have greatly suffered when lines were cut
or otherwise just fail.
Many ask why I remain loyal to AI. I remain loyal to SIC and to our lahui. Al's vision and SIC's
mission to improve the quality of life, public health and safety, education and economic growth
for native Hawaiians by providing tomorrow's broadband technologies today, remains as relevant,
perhaps even more relevant today as the importance of broadband increases every day, than when
I joined 7 years ago. I know of only one employee who left for job security over the concerns of
the tax matters (though she never directly said so), and that was 2 years ago. I know of no better
way to serve our lahui than to support our 75+ employees who make SIC run, keep our network
operating and allow our customers to be global citizens. Al's legacy to the employees is instilling
a sense of pride in and commitment to our mission and taking care of each other especially in the
most difficult of times. If that is considered being loyal to AI then I am.
Many ask whether the "sacrifices" I have endured are worth it. Yes, the "sacrifice" to give one
Hawaiian hope by providing the tools fundamental to learning and working and allowing everyone
to be counted in their community, their state and the world is far more worthy than what I have
personally endured. Does what has happened to AI make me second guess those "sacrifices"?
Absolutely not. As a native Hawaiian though, this has not been about sacrifice but my kuleana to
better our lahui especially for those who are most in need, those who are forgotten, those whose
daily lives are filled with challenges and failures, and those whose potential are rarely appreciated.
I did not learn kuleana from AI as we both learned and observed it from growing up in Hawaiian
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Immediately after the trial, AI resigned as a director of SIC and asked me to review the
options to relinquish control of SIC.
Family members, except for Liko, were removed from payroll. Liko has worked full
time at SIC for several years and I believe the tax loss calculations did not include her
salary from when she returned from the Mainland and began working at Waimana and
then SIC.
Change of tax preparers for Waimana and its consolidated group.
W aimana is instituting new policies concerning business expenses, and an independent
accountant will be reviewing such expenses on a quarterly basis.
Shareholder loans shall be memorialized by written documentation
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AI is ultimately responsible for his actions; however, I respectfully request leniency because I have
no doubt that Al's intentions were not to engage in any criminal acts, his reliance on professional
tax and legal advice from some of the top professionals in Hawaii and the Mainland,
Consider the years AI gave the Navy and was prepared to fight and die for our country,
though released from his obligation, and the last 25 years he has dedicated to building (and has
actually built) telecommunications infrastructure, at no cost to DHHL or the HHL homesteaders.
Both are very remarkable and tangible evidence of not only the sacrifice AI has made for the good
of many others but also the essence of Al's character. He has always been willing to pay taxes
owed, and should be accountable to do so. Additionally, perhaps society is better served to have
AI placed in a situation where he can not only manage his medical conditions but also engage in
much needed work that is relevant to the wellbeing of our liihui.
Mahalo for your time and consideration of my comments.
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2. Cost the State more Tax monies to incarcerate him vs. allowing him to continue to be an
employer and Tax Payer.
3. Be of serious consequence to his Ohana.
In closing, I am convinced that his actions may have been inadvertent and again, I ask the Court
to be most considerate in leniency in his sentencing.
I would welcome a call to personally support Mr. Hee through this.
Sincerely yours,
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One incident a number of years ago that comes to mind (although sincerely
there have been so many) occurred in 1993. My husband had the honor
taking over as the captain of a ship. As part of that, there was a ceremony
that was called the "change of command". We invited friends and family to
come from the mainland and Hawaii for this ceremony and then after the
ceremony we hosted a lunch inviting friends and family. There were lots of
people and when we went to pay for the lunch. AI in such a gentle. and
private way took care of the bill. He said "you shouldn't have to pay for
your own change of command." He was thoughtful not to embarrass
Torkel. as it was done privately, other guests were not even aware. This is
the way Albert is, both generous and not wanting to get the credit.
Our family is deeply saddened by the events that have transpired, but remain
totally supportive of AI. Albert is one of the finest people I know. He is a
moral man and a patriot to our country and loves the great state of Hawaii.
Al's disposition is one of unselfishness and fine character. I completely trust
him.
And so at this point I can only ask and with all due respect that you consider
leniency in the sentencing phase. He. is a very good, kind man and his family
and friends and Hawaii would miss him.
Sincerely,
--j
Susan L Patterson
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Walter L.
Principal
Means, I understand rhe need tci ensure that voltintru:y compliance with <:>nr income tax systems is
m:untaincd and respected. I also understand how AI, who I know as a man of honor. could wcll be
viewed as viobting that compliance obligation. l will not take your valuable time tclliog you why l
believe that Al Hee should or should not be sctitenced to p1ion time. That will be your decision
and I trust you to make the right decision. I will tell you that in the ahnost 10 years I have known
AI, I have n.ot !)een given any reason to doubt his honesty or integrity.
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I. too am mnccrned, and I would also like to stare that i11carcerating AI \vould
certainly set back the ability to provide high-spe<'<l phone and internet to a most underserved
population, Hawaiians living within the Hawaiian homelands.
Judge Mollway, l know you have a difficult task ahead of you. I would only ask that you give fllir
consideration to this good nmn a11d find a way that will continue ro benefit the Hawaiian Homelands
and its peoples without out re<jtticing AI Hee to spend time incarcerated. Thank you for allowing me
the opportunity to share tny views asyou tnike. your sentencing decision.
Walter L. Raheh
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Before I moved to Maul, I lived in Los Angeles for 25 years. 1was very happy to hear that Sandwich Isles
Communications would be our telecommunications provider as that meant I did not have to pay for the
installation cost for the service. What a blessing that was for all of us homesteaders that are on limited
income. We are in an age of communication: and technology and there are many rural places on Maul
that did not have access but now tney doc 1am so proud of my cousin for implementing a solution to
ensure that Hawaiian homesteaders would have a brighter future.
Judge Moilway,
. Please be lenient and give him every consideration fur all that he has done for
Hawaiiansand the future of Hawaii for generations to come.
With sincerest respect and aloha,
,lu.ch..
Blanche Lelaloha Ma'a Richmond
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MICHELE C. SAKAI
Albert Hee
{00085945-1}
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Thus, I was very much surprised and dismayed by the charges brought against AI, and his
ultimate conviction. I only ask that you take into account the good that he has done for me,
individually, and for all of the employees at Sandwich Isles. His support of his employees and
the community, Hawaiian and otherwise, has always been to me his strongest attribute.
. I know in my heart that AI, if given a second chance, will be a positive force in Hawai'i.
Knowing what he knows now, and given his drive, and heart, I only ask that you give him that
second chance. Allow AI to be a contributing member of society rather than being locked away.
Thank you for allowing me to voice my opinion, and I again ask that you place AI in a
situation where his talents, education and skills can be used to continue to help Hawaii.
Sincerely,
(00085945 I).
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To allow the staff to focus on building the network and to reach homesteaders who were
without access to those services, he guided the design of unique compensation and benefits
programs. The compensation program paid staff competitively without the normal
compounding effect that negatively impacts escalating pay and benefit costs. The benefits
program was designed for the "ideal" employee and focused on providing a generous health,
welfare and retirement security package for staff members and their families, so that their
security concerns would not be a distraction to them in their work to fulfill the vision.
In the time I was employed by Mr. Hee, I've known him to be quietly proud, loving and very
supportive of his family. Taking care of family was important to Mr. Hee, and he often
encouraged the consideration and extension of employment opportunities for family members
of staff. My son, a University of Hawaii graduate in computer science, has worked for
Sandwich Isles Communications for approximately I 0 years, and he has grown personally and
professionally. For that, I am grateful.
I sincerely appreciate this opportunity to share my thoughts with you as you contemplate Mr.
Hee's sentencing, and I respectfully urge your consideration for leniency as Mr. Hee is a good
man with a good heart. He deeply cares about Hawaii, native Hawaiians, his family and staff.
Sincerely,
Gil Tam
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I reconnected with AI when I read abot1t the IRS investigation and subs$(1uent indictment and
triaL Torkel had visited AI regularly when he stopped Haw,aii and he would brief me of his
time withAL We were both worr1ed about Af's health, but AI would always wave off our
concerns.
in
the jury's decision was a shock to me, but even m.ore distressing were the. anonymous
comments by those who really did not know AI, his team, or the vision of Sandwich Isles. As AI
had warned so many years ago, we see derogatory comments posted that question the
character, intelligence, and rise of a successful Native Hawaiian in business.
Al's long time employees and his core team have stayed with .him. If there h<!d be.en wrong
doing, I have no doubtthey would have left. E!ut the fact that they have chosen to keep
working indiCates a commitment to more than a "job." They know they are providing an
essential service for Natfve Hawaiian families in remote areas in our st<tte.
Thank you for allowing me to share my thoughts about AI. I hope you will consider Al's efforts
to support Native Hawaiians in you deliberation of a sentence. for the tax crime. I know he has
much to contribute to his community and hope there can be options to incarceration.
Ho'ilkea Comml1nications
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Once I started working for Sandwich Isles I began to see how important my Hawaiian
family and the Hawaiian people are. The commitment they make to each other is like none I've ever
seen. They are willing to go far beyond what is expected from anyone to take care of anyone, not just
friends and family. Albert has always stressed that it is important that whatever path we choose we
should always try to make it a path that would be able to further help the Hawaiian community,
whether it was to help with jobs or community projects we should just perpetuate what it means to be a
Hawaiian. I have never felt that more strongly than when I started working for Sandwich Isles.
As an employee for Sandwich Isles, my job is to bring service to people requesting a land line and or
internet service. I have been to some of the most remote parts of these islands that we live. I have had
customers tell me they pay crazy cell phone charges so that they can use their data for their family
needs, paying more than $300 for internet service (mostly Molokai). When we bring in service and tell
them that Sandwich Isles will absorb the cost, they are beyond excited, and I am the person who gets to
give them that happy news. Not only do we provide them service, but we provide the best service
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available anywhere. Sandwich Isles has been providing fiber connection to the premises long before
anyone in the islands or for that matter many places on the mainland. All because Albert had a vision to
make this possible. Most of the people we provide service to have no idea how fortunate they are to
receive this, and it is something that we/1 have the opportunity to provide. I have personally helped
people like Mr. Alika Akana to not only get phone and internet service, but electricity. With Sandwich
Isles help we helped him bring electrical service to his house without paying over $40,000. We worked it
out so that MECO could share oiJr trench saving him thousands of dollars. He now has a beautiful home
up in Kula with the best possible phone and internet service that most tech companies would kill for. I
could go on and on about the things that Albert has done for the communities around the islands, but
unless you are willing to come out and see that with me you will never know or understand the impact
that his company has made.
I have worked in the private sector all my life, I've seen misused and waste of money made by our
government, but it is never questioned. AI has made it easier for the people while creating companies
that would not only provide service to Hawaiian's but employ them as well. If I should lose my job,
Sandwich Isles has given me the skills and resources that could get me another job.
Knowing he will be sentenced and jailed soon hasn't stopped Albert from coming to the office almost
every day to make sure it's business as usual. For me personally rm amazed that after everything he has
gone through he still manages to come in. He has the patience to take the time to stop what he is doing
to make sure I understand the task I have ahead of me. I am grateful and sad atthe same time. I see
that he tries to hide the emotional pain he feels, I also see the physical pain he is in most days. I see the
love he has for his family, friends and employees and I can't help but be sad because I know the time his
has with them will end soon. I believe he has so much more to give to the community and hope that he
will have the opportunity to do it.
I know this letter can only show you a tiny glimpse of what he has done for me and the community, I
hope and pray that you find it in your heart to provide some leniency in his sentencing. Thank you for
taking the time to read my letter.
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. thE!! quality of service and excellent customer relations which stems from a
..
Col.lin R Torngren
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I met AI the very first week I moved to Kauai, Hawaii from Washington, DC in September, 1988.
I was a speaker at the Asia Pacific Renewable Energy Conference and AI introduced himself to
me. We had a mutual friend (who was also Al's business partner) whom I had contracted to
work as a leading energy expert on the Caribbean Basin Renewable Energy Project while I was
an International Economist for the Department of Commerce, International Trade
Administration.
In 1991 I was contracted by the Department of Hawaiian Home Lands to review and evaluate
proposals for the development of a power plant in Kawaihae, Island of Hawai' i. I determined the
Waimana Enterprises project was the most beneficial for the development. As a result, AI and I
connected again.
After I moved to Oahu in 1992 I periodically crossed paths with AI in occupational settings. In
2003 he asked me to join his firm Waimana Enterprises where I served as Vice President of
Planning until 2007. It is during this time that I came to know AI as a very community-minded
business leader. He always showed concern and commitment to raising the quality of life of his
Native Hawaiian brethren. He demonstrated this by trying to create a business that served the
community and included many highly educated Native Hawaiians that he encouraged to return
home from the mainland to serve their communities as well.
During that time, I also became Vice President of Development for the non-profit Mano Wai
Corporation, which AI had created to provide economic development assistance to Native
Hawaiian communities, especially Hawaiian Homestead Associations. He was committed to
helping them use the fiber optic network his company was installing as a catalyst for living wage
economic development. AI hoped my government funding and project development experience
would help the Hawaiian Homestead communities to move forward with their visions. He
supported my time away from Waimana business to support the Homestead communities
through MWC. During my work for MWC, I was privileged to assist the State Council of
Hawaiian Homestead Associations and several of their member organizations to identify
priorities, and develop plans for enterprise development on the homesteads. Some of the work
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included working with the Department of Hawaiian Homeland's consultant Group 70 on the
Waimanalo Community Development Plan, as well as helping to forge a partnership between
the State of Hawai'i, the City and County of Honolulu, and a grass roots Waimanalo community
organization to agree on and finance an upgrade to the Waimanalo Wastewater Treatment
Plant. Some of the other Native Hawaiian communities I was privileged to work with included
the Papakolea Homestead on Oahu, the Waimea Homestead on Hawai'i Island, and the
Kahikinui Homestead on Maui. I would not have been able to assist these communities without
Al's support. The Homestead community leaders all expressed their respect and aloha for AI as
well.
I was shocked and sorely saddened to hear of Al's indictment and then conviction. I always
admired his intelligence and commitment to the economic development of the Native Hawaiian
homesteads. I trust that he has learned a very hard lesson, and hope that he is allowed to refocus his energy and skills on raising the quality of life of all Hawaiians as soon as possible .
. Sincerely,
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James F. Ventura
September
2015
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fmd out that the. IRS was looking to AI Hee personally for criminal
tax
I have come to know AI as a smart businessman. He graduated
from Annapolis with an electrical engineerjng degree WlCLhas
served. his country in the military. AI is very low key? and a
humble individual. He does not have a lavish lifestyle, and lives in
a residential comni'llllity in Kailua. He is devoted to his family and
to his Hawaiian heritage. He is .an extremely hard worker. He is a
very loyal person and follows a high moral standard. I describe
rum as one having true "local" values, which he works to promote
in the community. I know that he was and is devoted to..the
telecon1 project for native Hawaiians. He is active in Hawaiian
affairs and is well respected among Hawaiian leaders. He was and
is well respected. among mWly state and national businessmen and
politi:<;ians. All of his employees that I know love AI and consider
him a person with a vision,
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September 14,2015
Aloha judge Mol!way,
My name is Hedwig Nako'olani Warrington. lam a retired State ofHawai'i
Department ofEducation teacher with over 24 years offulltime teaching
experience in both Engllsh and Hawaiian medium education. J was horn and
raised in Keaukaha on the Big Island and currently live in Pana'ewa on
DHHL agricultural land.! am a long time member of the Keaukaha-Pana'ewa
Farmers Association. lam also a Board of Director of the non-profit Hawai'i
Island Adult Care.
I am writing this !ett.er of support for Mr. Albert Hee. I humbly ask thatthe
Court consider the Albert Heel know when deliberating Albert's sentence.
l have known Albert Hee since the 1970s as we attended the same high
school. Even as a teen, Albert's compassion for, and service to, others were
evident. Tllt)se selfless traits have not changed these many decades. As a
homesteader In Pana'li!\"a, ! truly appreciate what Albert has done for us.
Albert's compassion for his people and his service to our community made
connecting to the entire outside world an affordable reality. I am very
grateful to Albert Hee and Sandwich Isles Communications. His vision, hard
work and dedication have benefitted our Pana'ewa.community Immensely.
My neighbors and l have affordable internet aet:ess and reliable telephone
service due to Sandwich Isles Communications. Albert cared about us and
made that possible.
l respectfully ask the Court for consideratlom of leniency with respect to
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Sandra-Ann Y.H.
Attorney at: Lilli:, a Law Corporation
September 6, 2() J5
Albert He.
Thank you tor the opportunity to provide this Jetter in support ofMr. Albert Hee who I
understand v,;ifl be sen,tenced tor a tax crime.
I am an, ,active membe" of theJfuwaii State Bar and have been a licensed and ptaeticing attotirey
since. 1988. Besides !J'!Y practice as an attorney, I am also a Board member ofthe Hawaii Cpimcil
r write this letter of support on behalf of Mr. !;lee because I. have known.him for the last thirty
three
I know Mr, Heeto be a loyal mtd kind hearted friend that hill; gteat love for
hisfainily, friend$, an<!th fia,tive
The AI Hee that I know has been
to1Jl111itted t<rhelp enrich the lives of native Hawaiians by advocathlg for necesSarY infrastructure
on Hawaiil!t! Flowe Lan<\s,
Forthe past sevetal years, although !have not seen or spoken to Mr. Hee on a regular basis; I
know that he ccilitinties.to rniiintiiili these positive.attributes and would always do his besi to be
available to a friend in need. For example, I was. espeCialiy t<l!Wned when Mr. Hee called to
adv.ise me ofthe passing ofa very special 1nutual. friend. Years ago, when Mr. Hee visited this
fi:iend, he would frequently help our frien<!'s gra)tdson with his homework. The grandson upon
graduation from high school became a United. States Marine
Moreover; lvk Hee has an elderly father that replies on him. Thus, I would respectfully rquest
that you take these thl!lgs, alm1g witn his positive attributes, into considera,tion in sentencing of
Mr,Hee.
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(Jimm/;famamoto
OCT 0 2 Z015