OHA Trustee Apoliona, among Others, Reported for War Crimes by Filipino Citizen

Press Release

KAILUA, O‘AHU, August 26, 2013 — On August 15, 2013, a complaint for war crimes was filed with the Philippine government on behalf of my client, Mrs. Maria Alma Pilapil, pursuant to Philippine Republic Act no. 9851 (2009), known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” with the Philippines Consulate in Honolulu. The complaint alleges that the war crimes of “unfair trial” and “pillaging” were committed against Mrs. Pilapil by Circuit Judge Ronald Ibarra, Bank of Hawai‘i officers and directors Peter M. Biggs, Sharon M. Crofts, Wayne Y. Hamano, Kent T. Lucien, Mark A. Rossi, Mary E. Sellers, Donna A. Tanoue, Haunani Apoliona, Mary G.F. Bitterman, Mark A. Burak, Michael J. Chun, Clinton R. Churchill, David A. Heenan, Peter S. Ho, Robert Huret,  Martin Stein, Donald M. Takaki, Barbara J. Tanabe, Raymond P. Vara, Jr., Robert W. Wo, and Alton T. Kuioka. Also named in the complaint is Mitzi A. Lee, attorney for Bank of Hawai‘i, attorney Robert D.S. Kim, Kevin Shiraki, Jeannie Jorg Domingo, and Lieutenant Patrick Kawai of the State of Hawai‘i Department of Public Safety Sheriff’s Department, Hawai‘i Division, to include his superiors and deputies.

When Mrs. Pilapil, also known as Maria Alma Barbaso Schwartz, wife of Stephen Michael Schwartz, a U.S. citizen, took out a loan from Bank of Hawai‘i with her husband, Bank of Hawai‘i required the Schwartz’s to purchase a title insurance policy in the amount of the money borrowed, which was $1,499,999.00. The Schwartz’s paid a premium of $3,735.00 to Title Guaranty of Hawai‘i. Title insurance insures the accuracy of the title search done by Title Guaranty of Hawai‘i, and if the search is inaccurate and the title to the property is defective, the insurance pays off the balance of the loan. Evidence of a defect in title produced by Laulima Title Search and Claims, LLC, was provided to Bank of Hawai‘i, but it was willfully disregarded and the foreclosure proceedings continued.

A motion to dismiss was filed during the foreclosure proceedings based on evidence that the court is unlawful, under both international law and United States constitutional law, as a result of the United States illegal overthrow of the Hawaiian Kingdom government on January 17, 1893, and its prolonged and illegal occupation since the Spanish-American War in 1898. Mitzi Lee, attorney for Bank of Hawai‘i, provided no rebuttal evidence, and, without cause, Judge Ronald Ibarra denied the motion. This action constituted an “unfair trial” and a criminal complaint was filed with the Hawai‘i Police Department and the International Criminal Court. On June 29, 2013, Bank of Hawai‘i “pillaged” my clients’ property with the assistance of Lieutenant Kawai of the State of Hawai‘i Sheriff’s Department. The eviction was based on an unlawful order stemming from a court that did not have lawful authority in the Hawaiian Islands. My clients’ possession was valued at $2.2 million dollars.

In 2009, the Congress of the Philippines enacted the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. In this Act the “State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided…the accused has committed the said crime against a Filipino citizen.” The war crimes of “unfair trial” and “pillaging” are punishable offenses under the Act, and since the alleged crimes were committed outside of Philippine territory the alleged perpetrators are subject to extradition to the Philippines under the 1994 U.S.-Philippines Extradition Treaty (1994 U.S.T. Lexis 185). According to the Act:

“The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes.”

Once the warrant for war crime(s) have been charged, my client demands the alleged perpetrators be extradited to the Philippines for prosecution to the full extent of the law.

14 thoughts on “OHA Trustee Apoliona, among Others, Reported for War Crimes by Filipino Citizen

  1. Aloha Mai Kaua to Mrs. Schwartz and her attorney Dexter Kaiama for giving us that report…thanks Kaiama…where are the Chinese, Japanese, Portugese, Koreans, Russians etc.? Did something like this happen to you? Well, this is one solution…look at it and do something about it.

  2. Now these judges and their accomplices have an even bigger problem because not only will they be prosecuted by the ICC for War Crimes, but if these Laulima clients are Nationals of another country these idiots are going to be extradited to these countries for prosecution as well. We have Lauilima clients who are not Hawaiian Kingdom Subjects so, this is an added protection that we are now able to use in protecting our clients and their rights to a Fair and Regular Trial.

    You must understand that in order for you to be able to file these complaints with the ICC and these countries you will need to have the proper documents and evidence to back you up just as the Schwartz’s have done in filing their Notice of Defect with Laulima Title Search & Claims (Hilo 982-9020 Kale / Kona 325-2008 Dutchy). Simply doing this on your own will not work.

    This is……AWESOME!!!

    • Aloha Dutchy,hope we do get kaulike as the perps are still walking the streets as free men and women,and I don’t think the state or Feds will do what is pono and turn them over to the Filipino’s or to the ICC,an example is the justice dept.giving the Bush administration immunity from prosecution for war crimes that they committed in Iraq. as long as they have the guns they ain’t going to give up,and the UN IS A PAPER TIGER,and the Pacific Command same thing they aren’t going to willingly turn over anybody.

      • I believe that by the United States not honoring their Extradition Agreement with the Philippine Government or any other country or nation with these agreements it will cause these countries to remove their presence, businesses and money from Hawaii and may be even more until the United States honor not only their agreements and treaties with their country, but more importantly those of the Hawaiian Kingdom where this crime against a national of their country took place. The United States is losing not only respect, but more importantly support for what they are ILLEGALLY doing not only around the world, but especially here in Hawaii due to the treaties with these countries that continue to exist and remain binding till this very day. The United States may be powerful, but not by itself……no matter how much military power they may have!!!

        • Dutchy,aloha,I believe that US,doesn’t care about the rest of the world,look what is happening with the NSA REVELATIONS,they are spying on their treaty partners and even their own citizens,they have become so arrogant and blatant in regards to international laws and even constitutional laws,and their own Bill of Rights. The only thing that will stop them is if the Chinese and Saudis decide to collect monies owed to them,that is keeping America afloat.

          • Exactly America think that they are above the LAW and that everyone is afraid of them. Yea maybe if you were standing alone, but not when you are united and I believe we have treaties with these countries as well……International Pressure!!!

      • I believe the financial crisis of 2008 made nations realize that we are all joined at the hip. The questionable actions of one nation could, and did, affect the economy stability of other nations.
        It seems from my perspective the the court prescedent in the United States tends to protect corporate interest, and those that support corporate interest, over those that become victims of corporate injustices.( Exxon Valdez is a perfect example)
        This is not the case in all countries. A friend was telling me that Germany’s court precendent is much more towards protecting people, from Corporate injustices.
        Any news on the complaint filed against Deutsche Bank, with Germany?

        • Would someone please direct me to the video or article Kale spoke of on Laulima’s webinar last night? It was regarding the eviction notice of him from his property. I could be wrong but I thought he said that it was posted on the blog but I can’t find it.


          • I believe you need to go to facebook and you’ll find it on Kale Gumapac or Robert Keliihomalu’s page.

  3. This in fact is on going, with the proclamation more of these may be processed. I would love to see more laulima presentations on kauai. Those of us who want to learn more can compa and financially provide the way for them to come to kauai. Provide housing, food n place for the presentations that is public. Think about it. I know they stated two years ago that they would be glad to come just gotta kokua with everything. I’m presently in California won’t be back until Nov. I would love to participate with others to make this possible.

  4. Bethan, I am sure something can be arranged. I’ll mention this to Kale and see what can be done even if it is in November or there about.

    Education Is The Key………Dutchy!

  5. Too bad the couple weren’t afghan citizens!
    I say give those criminals a one way ticket on the USS Osama Bin Laden and have them take a long walk on a short plank! Oh, and don’t forget
    the squidwater and the zombie!! BTW, we need to give the zombie his
    eviction notice, the nerve of him thinking he can settle his ass on
    Royal grounds! The only aloha they’ll get is aloha oi!!
    See what prolong U.S. occupation can do to a person thoughts!

    • I’m just able to enter my comments of the video. Very interesting. Looks to me that Kale has become the target of the de facto government to disrupt the evidence of defective titles in Hawai`i.

      I don’t know the results. I hope it went well for Kale. Can anyone share?

      Dexter, the timing to the German Federal Prosecutor on the 9/2/13 complaint was perfect. Mahalo again. Your thoroughness is amazing.


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