UNITED STATES POSTAL INSPECTION SERVICE SAN FRANCISCO DIVISION July 8, 2013 Case Number: 1984950-MT Honolulu, HI : Violation of Title 18, United States Code, Section 1705, Destruction of Letter Boxes or Mail; by GERARD KALANI PUANA. Leslie E. Osborne, Jr. Assistant U.S. Attorney Room 6-100, PJKK Federal Building 300 Ala Moana Blvd., Box 50183 Honolulu, HI 96850 Dear Mr. Osborne: Following are particulars relative to the destruction of mailbox offense by GERARD KALANI PUANA. NAME OF OFFENDER: GERARD KALANI PUANA ALIASES : Kalanimogo Mago DATE OF BIRTH: SSN : ADDRESS: 3934 Nioi Place Honolulu, HI 96816 PLACE OF BIRTH: State of Hawaii OCCUPATION: None FBI#: 126324NA2 CRIMINAL STATE ID#: A0141327 PLACE OF OFFENSE: Honolulu, HI DATE OF OFFENSE: June 21, 2013 P.O. BOX 30309 HONOLULU, HI 96820-0309 TELEPHONE: 808-837 -2970 FAX: 808-837 -2997 000000001 -2- OFFENSE: On or about June 21, 2013, in the District of Hawaii, the defendant, GERARD KALANI PUANA, willfully tore down a receptacle used for the receipt of mail on a mail route, in violation of Title 18, United States Code, Section 1705, Destruction of Letter Boxes or Mail. DETAILS OF OFFENSE: On June 22, 2013, Katherine KEALOHA of 1018 Kealaolu Ave, Honolulu, HI 96816, filed report number 13-226943 with the Honolulu Police Department (HPD) attesting the mailbox fronting her residence had been stolen the previous night. KEALOHA described this mailbox as a cast-iron mailbox with a shingled roof, measuring approximately 18" x 18" x 12", with a key lock access. KEALOHA further attested she believed there was U.S. Mail in the mailbox at the time it was stolen. On June 29, 2013, KEALOHA provided an additional statement to HPD indicating she had reviewed the surveillance footage equipped at her home relating to this incident. KEALOHA stated that on June 21, 2013, at roughly 11 :30 PM HST, a male she positively identified as GERARD KALANI PUANA (hereinafter PUANA) stole her mailbox. KEALOHA stated PUANA is her uncle and that she has known him her whole life. On June 30, 2013, Honolulu Police Department Detective Greg McCORMACK informed me HPD had arrested PUANA the previous day pursuant to this investigation. Later this day, HPD Detective Dru AKAGI and I attempted to interview PUANA at the HPD Main Station, 801 S Beretania St, Honolulu, HI 96813. Prior to any questioning, PUANA invoked his right to an attorney and refused to answer any questions. Later this day, I viewed the surveillance video KEALOHA provided to HPD relating to this case. On June 21, 2013, at approximately 11 :30 PM HST, the suspect in the video walked up to the mailbox at KEALOHA'S residence, tore the mailbox off its support post, and placed the mailbox into a vehicle he had driven to the location. The vehicle is then seen driving away. The suspect in the surveillance video appears to be PUANA On July 1, 2013, a Criminal Complaint was filed in U.S. District Court, District of Hawaii, charging PUANA with one count of Title 18, United States Code, Section 1705, Destruction of Letter Boxes or Mail. I arrested PUANA later this day at 801 S Beretania St, Honolulu, HI 96813. A photocopy of the executed arrest warrant is enclosed as Exhibit 1. A photocopy of Detective AKAGl'S closing report is enclosed as Exhibit 2. The following information is contained within this report: 000000002 -3- • • • • • On June 22, 2013, KEALOHA filed a handwritten statement with HPD attesting her mailbox had been stolen the previous night. On June 29, 2013, KEALOHA filed a handwritten statement with HPD attesting she identified the suspect in her home surveillance video as PU ANA. On June 30, 2013, at the HPD Interview Room "F", PUANA made a spontaneous utterance that he did not have anything to do with a mailbox theft. Neither Detective AKAGI nor I had made any reference to a missing mailbox at that time. PUANA had been advised of his constitutional rights per Miranda at the time of this utterance. On July 1, 2013, Detective AKAGI contacted Anabelle TIBAR via telephone. TIBAR identified herself as PUANA'S girlfriend, and that she resided with him at 3934 Nioi Place in Honolulu. TIBAR informed Detective AKAGI she was working the night of June 21, 2013, and that she was not with PUANA that night. Following this mailbox theft, HPD officers observed a white Acura vehicle similar to the vehicle observed in the aforementioned surveillance footage at 3933 Nioi Place in Honolulu. This address is adjacent to PUANA'S residence. The registered owner, Carrie ARAKAKI, informed HPD officers she does not know PUANA and that she never loaned him her vehicle. On July 3, 2013, I interviewed Katherine KEALOHA via telephone. KEALOHA said she recently had a falling out with PUANA over the handling of real property owned by the family and other financial matters. A photocopy of my Memorandum of Interview of KEALOHA is enclosed as Exhibit 3. On July 5, 2013, I interviewed HPD officer Bobby NGUYEN via telephone. NGUYEN said he is married to KEALOHA'S niece, and that he has known PUANA for several years. NGUYEN said he viewed the aforementioned surveillance video from KEALOHA'$ residence, and that he positively identified the suspect as PUANA. A photocopy of my Memorandum of Interview of NGUYEN is enclosed as Exhibit 4: During my interview of KEALOHA, she informed me the Bank of Hawaii Kahala Branch contacted her in late January 2013 indicating PUANA had attempted to access bank statements from her joint account there with Florence PUANA. On July 8, 2013, I interviewed Destenie TURNER, Consumer Banking Representative, Bank of Hawaii Kahala Branch. TURNER positively identified PUANA in a six-picture photographic lineup as the individual who attempted to access Katherine KEALOHA'$ joint account with Florence PUANA. A photocopy of my Memorandum of Interview is enclosed as Exhibit 5. I have enclosed three CD's containing the surveillance footage from 1018 Kealaolu Ave, Honolulu, HI 96816, from the evening of June 21, 2013. 000000003 -4- A photocopy of the photographic lineup used in this investigation bearing the identifiers of those pictured is enclosed as Exhibit 6. AGENT'S BACKGROUND: I am a U.S. Postal Inspector with the U.S. Postal Inspection Service, currently assigned to the Honolulu Domicile in Honolulu, HI. I have been employed as a U.S. Postal Inspector since January 2007. As a federal law enforcement agent in this capacity I have investigated cases which have been prosecuted in U.S. District Court relating to identity theft, mail theft, access device fraud, bank fraud, mail fraud, and Passport fraud. I have also investigated cases which have been prosecuted in State of Hawaii Circuit Court relating to identity theft, forgery, theft, credit card fraud, tampering with a government record, and falsifying business records. PERSONAL AND CRIMINAL HISTORY: PUANA is a 53-year old male. He was born in the State of Hawaii on January 31, 1960. He currently resides at 3934 Nioi Place, Honolulu, HI 96816. He currently holds Hawaii State Driver License number H00910647. A photocopy of this driver license is enclosed as Exhibit 7. PUANA has numerous prior arrests in the State of Hawaii. A summary of his criminal history is as follows: On July 16, 1981, PUANA was arrested by HPD for one count of HRS 291-4, Driving Under the Influence of Liquor (Misdemeanor). He was subsequently found guilty of this offense and was sentenced to a $150.00 fine. On March 5, 1988, PUANA was arrested by HPD for one count of HRS 291.4, Driving under the Influence of an Intoxicating Liquor (Petty Misdemeanor). On May 6, 1988, he was found guilty of this offense and was sentenced to 14 hours of community service, a 90-day driver license suspension, and a $250.00 fine. On June 5, 1991, PUANA was arrested by HPD for one count each of HRS 708833, Theft in the Fourth Degree (Petty Misdemeanor), and HRS 708-813, Criminal Trespassing in the First Degree (Misdemeanor). There is no final disposition in either of these cases. On June 27, 2011, PUANA was arrested by HPD for one count of HRS 708-812.6, Unauthorized Entry into a Dwelling (C Felony). On June 29, 2011, a Felony Information was filed in State of Hawaii First Circuit Court charging PUANA with this offense under Criminal Case number 11-1-0895. On December 11, 2011, he pleaded no contest in this case. On March 13, 2012, he was sentenced to 47 days imprisonment, and five years of Probation. On June 12, 2012, PUANA'S Motion for Reconsideration of Sentencing was granted, and he was re-sentenced to a fiveyear deferred acceptance of no contest plea. 000000004 -5- A photocopy of the Criminal Justice Information System (CJIS) criminal history file for PUANA is enclosed as Exhibit 8. WITNESSES AND THEIR ANTICIPATED TESTIMONY: Brian W. Shaughnessy, U.S. Postal Inspector, U.S. Postal Inspection Service, P.O. Box 30309, Honolulu, HI 96820, (808) 837-2970, can testify to all aspects of this investigation. Dru Akagi, Detective, Honolulu Police Department, 801 S Beretania St, Honolulu, HI 96813, (808) 723-3609, can testify to all aspects of his report. Katherine Kealoha, 1018 Kealaolu Ave, Honolulu, HI 96816, (808) 768-7400, can testify she identified PUANA on surveillance video as the individual who stole her mailbox on June 21, 2013. Bobby Nguyen, Police Officer, Honolulu Police Department, 801 S Beretania St, Honolulu, HI 96813, (808) 723-3609, can testify he identified PUANA on surveillance video as the individual who stole the mailbox from 1018 Kealaolu Ave, Honolulu, HI 96816, on June 21, 2013. Destenie Turner, Consumer Banking Representative, Bank of Hawaii, 4634 Kilauea Ave, Honolulu, HI 96816, (808) 694-6705, can testify she positively identified PUANA in a six-picture photo lineup as the individual who attempted to access statements from Katherine KEALOHA'S account on January 23, 2013. The original exhibits and evidence will be made available to your office upon request. Please feel free to contact me if you require additional information, or if you believe further investigative attention is warranted. Sincerely, Brian W. Shaughnessy U.S. Postal Inspector - Honolulu, HI Office: (808) 837-2970 Fax: (808) 837-2997 Email: bwshaughnessy@uspis.gov EXHIBITS: 1. Photocopy, executed federal arrest warrant of PUANA, July 1, 2013. 000000005