Judges, Banks and Attorneys Under Criminal Investigation For War Crimes

Hawai‘i Island Circuit Court Judges Ronald Ibarra, Greg K. Nakamura, Glenn S. Hara, and District Court Judges Harry P. Freitas and Joseph Florendo are formally under criminal investigation by the Criminal Investigation Section of the Hawai‘i County Police Department for their alleged role in war crimes by denying defendants a fair and regular trial in foreclosure and ejectment proceedings at the court houses in Hilo and Kona. War crimes are felonies under federal law according to the 1996 War Crimes Act, Title 18 United States Code §2441. These preliminary investigations will then be routed to the United States Pacific Command headquartered at Camp Smith in Honolulu for prosecution because it is the federal agency responsible under the War Crimes Act.

The War Crimes Act is enforceable “outside” of U.S. territory when the United States military is the occupant of an occupied State. Title 18, U.S.C., §2441 reinforces the Lili`uokalani assignment, the 1907 Hague Convention, IV, the 1949 Geneva Convention, IV, and U.S. Army Field Manual 27-10 to criminally prosecute individuals who commit war crimes/felonies within Hawaiian territory.

Also under investigation for war crimes are the plaintiffs who initiated the complaints for foreclosure and ejectment that include Federal National Mortgage Association, Bank of Hawai‘i, Deutsche Bank Trust Company Americas, The Bank of New York Mellon, Vanderbilt Mortgage and Finance, Inc., Deutsche Bank National Trust Company, Wells Fargo Bank, and the lenders’ attorneys Blue Ka‘anehe, Esq., Charles Prather, Esq., Peter K. Keegan, Esq., Mitzi A. Lee, Esq., Sofia M. Hirosane, Esq., Michael G.K. Wong, Esq., Robert E. Chapman, Esq., Mary Martin, Esq., Robert D. Triantos, Esq., Edmund W.K.  Haitsuka, Esq., and Peter Stone, Esq.

Kale Gumapac, President of Laulima Title Search & Claims, LLC, who is one of the seven victims of the alleged felony war crimes, said the other six victims are also clients of his company. Laulima Title packages title insurance claims that provide evidence of a defect in title to property that triggers the title insurance policy purchased at escrow by the borrowers to cover the debt owed to the bank. Purchasing title insurance to protect the bank is a condition of the loan. The banks disregarded the insurance claims and proceeded to foreclose and evict Laulima clients.

The defect stems from two executive agreements entered into in 1893 between Queen Lili‘uokalani and U.S. President Grover Cleveland that settled the illegal overthrow of the Hawaiian government and mandates the U.S. military in the Hawaiian Islands to administer Hawaiian law, restore the government, and thereafter for the Hawaiian government to grant amnesty to the insurgents. The United States violated the terms of these agreements and began its illegal and prolonged occupation of the Hawaiian Islands since the Spanish-American War in August 1898.

Real estate transactions are defective since January 17, 1893 because deeds were notarized and registered in the Bureau of Conveyances by insurgents calling themselves government officials. The Queen did not pardon these individuals and they were not government officials of the Hawaiian Kingdom. And as a result of the illegal occupation by the United States since 1898, deeds could not be properly notarized and recorded because Hawaiian law was not being administered.

Gumapac stated that when the banks disregarded the insurance contract and used the courts to foreclose and evict, he had no choice but to present evidence that the courts are illegal because the Hawaiian Kingdom as a sovereign state still exists. Attorney Dexter Kaiama represented Gumapac and other clients of Laulima with this argument by providing special appearance in these hearings.

Kale-GumapacGumapac stated, “If land titles in Hawai‘i are defective because of 1893, then U.S. courts in Hawai‘i are defective as well.” Gumapac says the reason why people today don’t know this is because we’ve been indoctrinated through Americanization since the early 1900s. He says Americanization is not an excuse for committing a felony.

In the criminal complaint, Gumapac stated that on January 13, 2012 he filed a motion to dismiss Deutsche Bank National Trust Company’s eviction complaint providing evidence of the occupation of the Hawaiian Kingdom and that the court was illegally constituted. The hearing was heard before Judge Greg K. Nakamura in Hilo’s Circuit Court on February 14, 2012. Although Kaiama was able to get Nakamura to acknowledge and take judicial notice of the evidence, Nakamura still denied the motion to dismiss without cause.

Nakamura’s decision relied on the 1959 Hawai‘i Admissions Act for the court’s jurisdiction, but without a treaty of cession the Statehood Act is limited to United States territory because Congressional laws have no force and effect in foreign countries. In the criminal complaint Gumapac cited a 1936 U.S. Supreme Court case, U.S. v. Curtiss-Wright Export Corp, where the court stated, “Neither the Constitution nor the laws passed in pursuance of it have any force in foreign territory unless in respect of our own citizens; and operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law.”

Gumapac alleges that Nakamura, Deutsche Bank National Trust Company, and their attorneys Charles Prather, and Sofia Hirosone from the law firm Routh Crabtree Olsen, aka RCO, committed a war crime by willfully depriving him of a fair and regular trial prescribed under Title 18, United States Code, section 2441, which applies to foreign countries that the United States military is occupying. Gumapac argues that the appropriate court is a military commission established by the U.S. Pacific Command that administers Hawaiian Kingdom law. The Pacific Command has yet to comply with international law and establish a military commission.

The Pacific Command has primary responsibility for the prosecution of individuals for violations of Title 18, United States Code, §2441, and the 1949 Geneva Convention, IV. The International Criminal Court has secondary responsibility and will step in if:

  1. The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court;
  2. There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice; and
  3. The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

By not complying with the international obligations and the International Criminal Court exercises jurisdiction over the Hawaiian Islands as a result of the Pacific Command’s failure to prosecute, the Pacific Command itself and the military in the islands will also be the subject of prosecution by the International Criminal Court for the commission of war crimes.

30 thoughts on “Judges, Banks and Attorneys Under Criminal Investigation For War Crimes

  1. Sat in court just yesterday here in Kona before Judge Strance and saw this take place with attorney Dexter Kaiama on behalf of a Laulima client first hand. Following the hearing a complaint was filed with the Kona Police Department. Judge Strance is now being added to the list.

    This is for real!!!

    Mahalo Keanu, Dexter and Kale!!!

    Dutchy

  2. The investigation by the Hawaii County police criminal investigation section must be
    awkward. For years they worked side by side with the courts now they are in the
    position to make a determination as to whether these judges violated international
    law. If they choose not to follow through, they too may be subject to war crimes.
    The irony is that their jobs fall under the same State of Hawaii authority as those
    judges.

    Keep up the good work!
    Imua

  3. It’s imperative that USPACOM implement the court process quickly in these criminal proceedings. Over a hundred years of US Occupation without doing much to restore the Hawaiian Kingdom and it’s proper governance has been devastating to Na Kanaka Maoli and it’s citizens. A timeline should be established in order replace and transfer the current Hawaii State Legislative Assembly over to the Hawaiian Kingdom Legislative Assembly. We would then begin to feel the effects of Hawaiian Kingdom Restoration and Reconciliation.

    I am truly grateful for your diligence and hard work.

    Mahalo nui loa, Keanu, Dexter and Kale

    • As I understand it, we had two houses. The upper house (The House of Nobles) and the lower house (The House of Representatives/Commons)

      Who will fill the vacancies? And what about suffrages? We cannot allow American military personnel to vote and yet should we deem them enemy aliens?

  4. Before the ICC is able to step in completely we are in need of exhausting all options. By filing these complaints and charges against these Judges, banks, individuals and attorneys if the United States Pacific Command, the federal marshals and the police don’t fulfill their responsibilities they too will face War Crimes and Felony charges as well from the bottom up or the top down!!! It has been a long battle since Kale first met Keanu, started Laulima and began working with Dr. Keanu Sai and attorney Dexter Kaiama. I am the West Hawaii Laulima Affiliate and I would like to take this opportunity to thank the hard working staff that have been going above and beyond to help not only our Laulima clients, but in helping Keanu and Dexter in the restoration of our Hawaiian Kingdom and Government. We are almost there………..EO!!!

  5. Mahalo Ke Akua!
    The Kingdom of Hawaii is in his hands, and the hands of all those who are working together, Keanu, Kale, Dexter, and all their Ohana. We all need to keep them in our prayers. Please include all those who are willing to step forward and hui with them. We are so grateful for every effort being made on our behalf. Mahalo!

  6. Aloha Keakua,

    On the one hand this is good news and on the other hand many are exhausted, frustrated and hoping that they would be relieved of their mortgages and land evictions, such as what happened in Hilo…today, a few of us worked the emails and Face Book sites and sent our over 1,000 emails and over 5,000 individuals who got the site up and sharing it with the friends and ʻohana…just doing our part to spread the education as far and wide as possible.

    Much aloha to the team and supporters everywhere as we watch how to bring our government back through a peaceful transition, is a blessing and makes my heart feel happy and healing the eha that lingers in everyoneʻs hearts, who know this history of the occupation. Not just from me, but our ʻohana and the community of Waimanalo who has been waiting over 30 years to implement our community plan is coming to fruition to implement our plan while this occupation is moving to a close and things are put back in order. , Hawaiʻi through this effort will bring peace to the world.

    Aloha All,
    Kawehi Kanui,
    Waimanalo Ahupuaʻa

  7. Aloha Mai,

    I want to thank Keanu, Kale and Dexter for their hard work they had done for the people of Hawaii and our Kupuna’s that is no longer here, in my heart I know they are smiling and dancing with joy. Back in the 50’s, my tutu whispered to me and said do not speak our language (hawaiian) outside or the police will take you away. I turn to my mother and she said they were forbidden to speak hawaiian in public. Till today, I am torn that freedom was taken away from my family. With the help and blessing of Keanu, Dexter and Kale, we will have our Kingdom back.

  8. Wow! Pretty heavy! So I take it the International Criminal Court (ICC) is going to start taking matters considering the U.S. Pacific Command has not abided by the international obligations, much less has not yet establish a military government? (Please correct me if I’m mistaken)

    • Aloha,

      Like Dutchy mentioned above, all available remedies must be exhausted first before the ICC will come into play.
      It takes time, but you need to cross the T’s and dot the I’s or it
      will bite you!
      To me, this is the fun part, we will see who is pono!

      • Ahh! I see! So unless the Pacific Command, U.S. Federal Marshalls, and local police takes action, they’ll be also charged with war crimes as well?

      • Mahalo e keAkua no ka hana pono o K.SaiPhd, D.KaiamaEsq a me Kale Gumapac. Ku i ka pono ~ Ku’e i ka hewa. Aloha keAkua.

  9. Enough is enough, we the Hawaiians and Hawaiians at heart need to get together and IMUA with Keanu, Dexter and Kale. We must do it right for our Kupuna’s and the future for the Keiki’s of Hawaii. Hey! you guys are so awesome for what you are doing, I can’t wait to witness the final verdict against the Judges, Banks and Attorneys. Oh! what about some of the elected officials, they are putting our people in the poor house by raising the taxes, food, utilities and most of all the change of life style, while these elected official can eat steak every day.

    • I too agree! We all need to be of one mindset! I fear the worst of what could happen when the period of de-occupation begins! (If the de-occupation happens, I hope my fear does not come true) We need to start acting like a country, delete the mindset of “Americanization” and show an example to the world that Hawaii is nation of magic, peace, and love!

  10. So awesome that all are working together as one, in peace, love, and unity under God, for truth, it’s about time. Who to trust, where to trust, and the next move has been a truly challenging. Mahalo Nui Loa to you all that stand righteous.

  11. Mahalo e keAkua. Mahalo nui ia oukou e Keanu, Dexter a me Kale! “Imua e na poki’i, a inu i ka wai ‘awa’awa.” Aloha’Aina, Aloha keAkua!

  12. ‘IMUA ……
    MAHALO NUI LOA Keanu, Dexter and Kale
    We Hawaii Kanaka and Kanaka Maoli need our home back where it belongs, and get all this corrupted people outta here!!!! God Bless Hawaii!

  13. What ever happened to Rep. Mele Carroll’s HCR 107 BILL?
    Maybe it’s time for them to bring it back for another look!

    • The last I heard of House Concurrent Resolution 107 was back in March 2011 when Mele stated, “The purpose and duties of the joint investigating committee shall be to inquire into the status of the executive agreements by holding meetings and hearings as necessary, receiving all information from the inquiry, and submitting a final report to the Legislature. Representative Mele Carroll stated that the purpose of House Concurrent Resolution 107 is to “ensure that we, as Legislators, who took an oath to support and defend not only the Constitution of the State of Hawai‘i, but also the Constitution of the United States, must be mindful of our fiduciary duty and obligation to conform to the Supremacy Clause of the United States Constitution. As Majority Whip for the House of Representatives of the State of Hawai‘i, it is my duty to bring the executive agreements to the attention of the Hawai‘i State Legislature and that the joint investigating committee have the powers necessary to receive all information for its final report to the Legislature.” We need to find out the status of this bill.

      • I’d like to know what ever happened with that? I mean it was sort of a big deal one minute and the next we heard nothing. What’s the deal???

      • I believe it was killed in a committee. I emailed Rep. Mele inquiring on the status, couple of years ago. Interesting how one person, head of the committee, could stop such an important bill.
        I believe you can find it on the government website under archives
        Will have to make note of this to ensure this type if pilau government does not make its way into the Hawaiian Kingdom.

  14. The Hawaiian Kingdom never ended.
    Mahalo to everyone for doing their sacred kuleana for a FREE HAWAII.
    The “unauthorized” Kanaka Garden, Hilo is a pu’uhonua. It was created to protect Haloa, and honors Kamehameha, our ancestors, and our beloved Hawai’i nei.
    Bulldozers and de-facto law only amplify the message. Imua!!

    We will gather again at the Statue 4/27/13. E komo mai:
    https://www.facebook.com/WailoaPeoplesGarden?group_id=0

  15. Please Help us to understand this Press Release if your saying the above statement, Formally under criminal investigation by the Criminal Investigation Section of the Hawai‘i County Police Department, (Under Criminal Investigation For War Crimes)

    Hawaii Police Department

    Thursday May 9th, 2013 :: 03:37 p.m. HST

    Forward Google Plus Community
    Police not investigating “war crimes” 05-09-13

    Hawaiʻi Police Department
    Office of the Chief
    Chief Harry S. Kubojiri

    Media Release

    A May 7, 2013, “press release” sent by attorney Dexter Kaiama to local media sources claims that certain state judges, attorneys and others are under investigation by the Hawaiʻi Police Department for alleged war crimes based on their role in foreclosure proceedings.

    The Hawaiʻi Police Department recognizes Mr. Kaiama’s First Amendment right to express his beliefs regarding Hawaiian sovereignty; however, the representations as to the Hawaiʻi Police Department’s involvement in the investigation of alleged war crimes are inaccurate. The Police Department is conducting no such investigation.

    Address/Location
    Hawaii Police Department
    349 Kapiolani St
    Hilo, HI 96720

    Contact
    Emergency: 9-1-1
    Non-emergencies: 808-935-3311

    • I believe a complaint was filed in 2013 and an officer accepted the complaint. I believe the officer was reprimanded and put on leave, then later reinstated.
      Go back to the blog’s posts around april- may 2013

  16. The “america’s” will be double in trillions on top of what their budget is, for owing to the hawaiian Kingdom, the Hawaiian people, for what they have done. I hope it will happen in our generation. Fighting for our ancestors.

  17. Hawai‘i Island Circuit Court Judges are formally under criminal investigation by the Criminal Investigation Section of the Hawai‘i County Police Department for their alleged role in war crimes by denying defendants a fair and regular trial in foreclosure and ejectment proceedings at the court houses in Hilo and Kona.

    So there investigating themselves buy order of the ICC?

  18. Mahalo akua! Mahalo Acting Government of the Hawaiian Kingdom and everyone who has helped get us to this point. Mahalo Kupuna for giving us a great nation and for your suffering that now gives us the opportunity to show the world what it TRULY means to be Hawaiian.
    mahalo to everyone in the international community, who chose to do what is right. May akua continue to guide us on our path.

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