beachfront property district court filing
Maui lawsuit for Montana Beach property - the Federal RICO Act
By Harry Eagar, Staff Writer
reprinted courtesy Maui News 3/8/07
HONOLULU – The federal Racketeer Influenced and Corrupt Organization Act was devised to attack organized crime but lawyers have also used it against alleged conspiracies of what would otherwise be legitimate business activities.
Asghar Sadri’s suit against present and former county officials claims a conspiracy under the national act.
While the federal courts tightened up the limits of RICO civil complaints, Jim Fosbinder, Sadri’s attorney, says he consulted with a nationally respected law firm with RICO experience, and he believes the hurdles, though high, can be surmounted.
In a 20-page memorandum to the U.S. District Court to justify a RICO filing, Fosbinder cites cases to show that a government can be a corrupt organization under the act.
Besides the financial loss Sadri alleges, Fosbinder argues that citizens have a claim to "the intangible right of honest services."
The act also states that victims must claim that their loss or consent was obtained by "actual or threatened violence, or fear, or under color of official right."
A RICO case also must allege more than one criminal act – in this case the alleged extortion of beachfront property in exchange for building permits, which is alleged to have begun under Mayor James "Kimo" Apana and then continued under Mayor Alan Arakawa.
That would also answer the act’s requirement that the conspiracy continue over a period of time.
In the 9th Circuit, which includes Hawaii, the time frame is not strictly delimited, but Sadri alleges it went on for years.
The RICO claim is that "over an extended period of time . . . the core management of the county of Maui, consisting of elected and appointed officials, with substantial control over land use and development, regularly engaged in the unlawful manipulation of the county government processes for their own personal gain and political motives."
The "gain" is not claimed to be bribes but votes for the elected officials or, for their appointees, the chance to keep their jobs.
In a list of persons to be interviewed during discovery, Fosbinder lists Charles Sweeney, Doug White and Paul Lambert, who are involved in disputes with the county over their use of oceanfront property at Palauea Beach near Wailea and in Lahaina.
He says more RICO suits are being prepared.
Harry Eagar can be reached at heagar@mauinews.com.
reprinted courtesy Maui News 3/8/07, original story at: www mauinews com/story.aspx?id=28386
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