- Recidivist: A convicted criminal who reoffends.
- Accessory: A person who, though not present during the commission of a felony, is guilty of having aided and abetted another who committed the felony.
by Andrew Walden
Outfitted with a newly minted UH Manoa PhD and a job ‘teaching’ at Windward Community College, David “Keanu” Sai is back in the mortgage business--and he has lots of help from Rep Mele Carroll (D-Hana, Lanai, Molokai) and other Legislators, the Maui County Council, the University of Hawaii, public access TV, and several well-known sovereignty activists.
Sai was convicted December 1, 1999 on a single count of Class B felony theft stemming from his involvement in the so-called “Perfect Title” scam in which over 400 Hawaiian households were conned into forking out $1500 each to Sai and his company in exchange for worthless title search documents purporting to show that any title issued after the overthrow of the Hawaiian Kingdom was invalid.
As KITV’s Daryl Huff explained February 3rd:
A legal argument based on the overthrow of the Hawaiian Kingdom, used unsuccessfully to fight foreclosures in the 1990s, is now being used once again, even though the man who promoted the theory 15 years ago was convicted of a felony. David Keanu Sai is back in the public eye 11 years after being put on probation after telling people that they could walk away from mortgages because of the way the Kingdom of Hawaii was overthrown.
Hundreds of people fighting foreclosure have invested in that claim again -- partly because Sai now has a University of Hawaii doctoral degree to back his argument.
Kale Gumapac, founder of Laulima LLC and Hawaiian Alliance LLC, advertises on Craigslist that he has a way to stop the foreclosure process.
“It doesn't put the banks in trouble and it doesn't put the borrower in trouble,” Gumapac said. “And it's worked. That's what I am trying to tell the Legislature.”
Gumapac said he has about 300 paying customers he is helping attack the title of their properties. “They can only foreclose if the title is clear,” he said.
Do the math. Sai and Gumapac have 300 “customers”. Perfect Title had 400 victims. The Maui-based Ventura-Oliver sovereignty mortgage scammers now on trial had about 300 alleged victims. That is 1000 native Hawaiian households who have allegedly fallen victim to these three alleged scams. According to the US Census for 2010, there are 289,970 native Hawaiians in Hawaii. The average native Hawaiian household size is four persons, yielding a result of 72,492 households. The rate of home ownership for Hawaii is about 60% x 72,492 = 43,495 home-owning native Hawaiian households. Thus the 1,000 alleged victims of alleged sovereignty mortgage scammers, allegedly amounting to 2.3% of all native Hawaiian home-owning households.
At Sai’s 2000 sentencing, the courtroom of Judge was filled with about 100 sovereignty activists including Kekuni Blaisdell and sovereignty criminals such as pardoned convicted felon Bumpy Kanahele. Sai got off easy with five years probation, a small fine and no restitution to his victims. Judge Sandra Simms even allowed Sai to travel to The Hague for his ridiculous and unsuccessful attempt to parlay a Hilo traffic ticket into World Court recognition of the Hawaiian Kingdom.
Just over a decade later, Sai is traversing the state with a Power Point presentation. In his mis-named show, “Legal History of the Hawaiian Kingdom” Sai argues that all land title conveyances since the overthrow of the 1893 Hawaiian Kingdom are illegal. This time Sai is using the so-called “Lilioukalani Assignment”--an exchange of letters between the overthrown Queen Liliuokalani and then-US President Grover Cleveland—as the latest basis for his claim that all post 1893 land titles are illegal. The key falsehoods he uses to justify this claim are summed up on slides 78 and 79:
Law Prevents Conveyances since 1893
•“It shall not be lawful to record any conveyance…unless the same shall have been previously impressed with the Royal stamp.” §1254, Hawaiian Civil Code
•“To entitle any conveyance…to be recorded, it shall be acknowledged by the party or parties executing the same, before the Registrar of Conveyances, or his agent, or some judge of a court of record, or notary public of this Kingdom, or before some minister, commissioner or consul of the Hawaiian Islands, or some notary public or judge of a court of record in any foreign country.” §1255, Hawaiian Civil Code
•If a conveyance, whether by deed or mortgage, “was not properly acknowledged it was not entitled to be recorded, and though spread upon the record it must be treated as a nullity.” Lenehan v. Akana, 6 Haw. 538, 541 (1884)
•All State of Hawai`i laws and County ordinances are in direct violation of the Lili`uokalani Assignment and therefore the U.S. Constitution
Sai links to his Power Point presentation and propounds elements of the scam—including a nuisance lawsuit known as Sai v. Obama, et al.--on his official UH website: http://www2.hawaii.edu/~anu/.
How important is UH to Sai’s latest scheme? KITV reports:
Sai told KITV his claim is basically the same as it was in the 1990s, when he was convicted of attempted theft after he tried to help a foreclosed couple reclaim their home.
But since then, Sai.said he earned a doctoral degree from the University of Hawaii Political Science Department based on the same thesis -- and now is a qualified expert on Hawaiian land title.
Gumapac said Sai’s academic credentials are proof his findings are legally correct.
“He was able to show and prove, and that's how he got his doctorate degree,” Gumapac said.
State Legislators and the Maui County Council are also working to help back up these claims. House Concurrent Resolution 107 of 2011 is designed to give Legislative imprimatur to Sai’s scam by legitimizing his latest version of the “illegal overthrow” litany—namely the “Liliuokalani Assignment” –an exchange of letters between the overthrown Queen Liliuokalani and then-US President Grover Cleveland-- which Sai falsely claims is legally equivalent to a treaty between the USA and the Hawaiian Kingdom.
HCR107 was introduced March 14, 2011 by Rep Mele Carroll (D-Maui) for the purpose of: “Establishing a joint legislative investigating committee to investigate the status of two executive agreements entered into in 1893 between United States President Grover Cleveland and Queen Lili'uokalani of the Hawaiian Kingdom, called the Lili'uokalani Assignment and the Agreement Of Restoration.”
Sai’s resolution passed the Committee on Hawaiian Affairs March 23 with no dissenting votes. In her report from the Committee, Chair Faye Hanohano explained:
“The Association of Hawaiian Civic Clubs, Aha Kanaka Moku O Keawe, Ke Aupuni o Hawaii, Sovereign Councils of the Hawaiian Homelands Assembly, Papa Ola Lokahi, Po‘o Hewahewanui ‘Ohana Council, and many concerned individuals supported this measure.”
Testimony also came from HPU assistant professor of anthropology Lynette Cruz, a well-known sovereignty activist who testified: “Dr. Sai's research revealed two executive agreements. His federal lawsuit in Washington, D.C., Sai v. Clinton, et aI., has contributed to public awareness of this important issue.” In another submission of written testimony, Cruz wrote: “After negotiating with Queen Liliuokalani to provide clemency to American insurgents, President Cleveland entered into agreements with the Queen. President Cleveland and the Queen found a way to resolve the problem of the U.S. invasion. As I understand it, these agreements constituted treaties because they were entered into by two heads of state. But somehow they were left out of the historic rendering and only now, via various lawsuits, have they surfaced.”
On April 1, (fittingly) the Maui County Council unanimously approved a resolution introduced by Councilmember Elle Cochran supporting passage of HCR 107. (Link: www.co.maui.hi.us/Archive.aspx?ADID=15003 pg 51)
In testimony before the Legislature, support for Sai’s resolution also came from:
- Hardy Spoehr, Executive Director, Papa Ola Lokahi, the Native Hawaiian Health Board,
- Sydney L. Iaukea, Ph.D., Department of Education, Hawaiian Studies Program Manager and Specialist
- Tom Coffman, Author and Filmmaker, Nation Within
- Ty Tengan, Associate professor of ethnic studies and anthropology at UHM
- Michael Kahikina, Sovereign Councils of the Hawaiian Homelands Assembly
- Kale Gumapac, Kanaka Council who echoes Sai’s key point: “the occupier is barred from administering the occupier's national laws within the boundaries of an independent and sovereign State.”
- Momilani Glushenko, co-owner of Gumapac’s Laulima Title Search and Claims, LLC
Gumapac fronted for the Sierra Club’s unsuccessful efforts to cut off DHHL “big box” commercial development in 2007. In 2009 he was the point man for DC-based Food and Water Watch’s campaign against against fish farms. Now he is a key player in efforts to promote Geothermal development on the 25,856 acre Wao Kele O Puna tract owned by the Office of Hawaiian Affairs. The announcement for an April 9 panel discussion on geothermal reads:
The Geothermal Informational Session panel will be moderated by IDG CEO Patricia Brandt. Panelists include Mililani Trask, Esq. (International Human Rights Advocate), Ku’uleiohuokalani Kealoha Cooper (Kealoha Estate), Cy Bridges (Hawaiian Cultural Advisor), Bob Lindsey (OHA Trustee), and Kale Gumapac (CEO, Laulima Title Search & Guarantee).
The Hawaiian Geothermal Community Informational Sessions are sponsored by Kealoha Estate, Indigenous Consultants LLC, Innovations Development Group, Inc., Bob Lindsay, OHA Trustee—Hawaii Island, Kanaka Council Moku O Keawe, Laulima Title Search and Claims.
The Facebook page for Laulima Title Search explains the relationship between Rep. Carroll, Gumapac and Sai:
Our story begins five years ago when President and CEO Kale Gumapac, a lifelong insurance agent, decided to try his hand in the mortgage industry. After consulting with a colleague, he began to learn about MERS (mortgage electronic registry system) and securitization. Foreclosure was not as prevalent as it is now, but with his new mana’o, he could foresee the devastating effects that these things would have on the housing industry and homeowners. Fueled with a passion to help homeowners in his own state, he brought education and what we know as the forensic mortgage audit to Hawaii through his company Hawaiian Alliance LLC.
For over three years the method of the forensic audit worked. It allowed Hawaiian Alliance clients to stay in their homes and the audit provided them with the leverage they needed to begin to work out settlement agreements with their lenders with the assistance of a referred attorney.
During this time, with the help of Representative Mele Carroll, Kale also began to tirelessly engage the legislature with one goal in mind: provide Hawaii’s homeowners in foreclosure with more options and protection. Today, Kale continues to engage the legislature – to encourage those in elected positions to pass legislation that will help Hawaii’s homeowners.
In the Fall of 2010, after attending a seminar by Dr. Keanu Sai, everything changed. Kale learned that although MERS and securitization are still valid arguments, there is a stronger argument that questions the validity of Hawaiian land titles. How is this possible? Simply put – two executive agreements that are still in existence between the Kingdom of Hawaii and the United States. With this new found knowledge, the decision was made to transition Hawaiian Alliance LLC from a forensic audit based company to Laulima Title Search and Claims LLC, a company that researches land title in Hawaii If the title is found to not be valid, a claim packet is assembled and filed with the title insurance company. It was also decided to retain Dr. Sai, the foremost expert in Hawaiian land titles, as an expert consultant exclusive to Laulima.
Under Hawaii law, Insurance Fraud is considered a Class B Felony if the fraudulent claim is in excess of $20,000.
Under Federal Law, USC TITLE 18, PART 1, CHAPTER 47, § 1033, insurance fraud is punishable by “a fine as established under this title or imprisonment for not more than 10 years, or both….”
The Laulima Facebook page also lists several foreclosure cases Gumapac and Sai are intervening in. Regarding the 2010-2011 foreclosure case of Hilo resident Tracy Tamanaha, a Hawaii Independence Alliance press release helpfully announces: “Who is involved: ‘Kale Gumapac, President, Laulima Title Search and Claim; Keanu Sai, Ph.D. consultant and expert witness; Keoni Agard and Dexter Kaiama, attorneys for Tamanaha.’”
Gumapac is promoting Sai’s claims with a show on 'Olelo called Kanaka Express and a show on Akaku Ch. 53.
Gumapac and Sai have also given numerous lectures, many cosponsored by supposedly reputable organizations:
- Sai expounded on the theories behind his latest scam at a March 7, 2011 lecture sponsored by the Keahou-Kahalu’u Education Group of Kamehameha Schools, Kamehameha Investment Group, and the Kohala Center.
- Laulima’s Facebook page displays photos from May 21 meetings in Puna and Panaewa
- June 2 meetings were held on Maui at the Waikapu Community Center & Lahaina Civic Center
- Lahaina News announces a June 27 lecture at the Kaanapali Beach Hotel (Co-sponsored by group which helped victims of Ventura-Oliver)
- West Hawaii Today calendar section announces a July 8 lecture at Kahikolu Church
- Laulima’s Facebook page advertises a July 12 meeting at the Hannibal Tavares Community Center in Pukalani and adds: “We are also accepting private client appointments for tomorrow :)”
The June 2 meeting report carries this little note:
Two awesome, awesome information sessions on Maui yesterday. A big mahalo to Aunty Patty Nishiyama our Maui Island Coordinator & to Foster & Michele for their hospitality. Thank you everyone for making yesterday a success! Planning the next one for Maui already - stay tuned for details!
Patty Nishiyama was in the news November, 2010 purporting to help victims of the alleged Ventura-Oliver scam. Her associate in that effort, Franciscan Brother Christopher Fishkin of Wailuku, authored a July, 2011 letter to the editor of the Hawai`i Free Press in which he wrote:
This article inaccurately states that Pres. McKinley signed a "Treaty of Annexation". Please present a copy of such "Annexation Treaty", To my knowledge, it doesn't exist.… Please review the soon to be published by UH Press, dissertation of Phd Dr. Keanu Sai, professor at UH and MCC, which is online, in support of this, my above statement.
Now Nishiyama is Laulima’s “Maui Island Coordinator.” Are they recycling victims? Fishkin did not respond to a request for comment.
UPDATE July 25: Br Christopher Fishkin sent Hawai`i Free Press a response which we have posted below. We have also posted a statement from the Catholic Archdioscese disassociating itself from Fishkin and a response from Fishkin to the Archdioscese. And at the bottom, a statement from convicted felon David "Keanu" Sai endorsing Fishkin's July 25 response.
Special notice from the Office of the Bishop
Hawaii Catholic Herald, April 1, 2011
Activities of Christopher Fishkin and Michael Bein: The Diocese of Honolulu has learned that there may be misunderstandings concerning the activities of two men in Hawaii, Christopher Fishkin and Michael Bein. Neither individual is or ever has been an agent, employee or representative of the Roman Catholic Diocese of Honolulu or the Roman Catholic Church In The State Of Hawaii. The Diocese has not authorized and does not condone the use of ostensibly religious or clerical garb, titles or other emblems of a consecrated life by either of these men. Their activities are entirely independent of the Diocese. Clergy of the Diocese are instructed that they shall not allow either of the individuals to participate in any public ministries or activities of the Diocese or any parish.
* * * * *
Fishkin Reply: Franciscans Never Misrepresent the Church Unless They Do
Letter to the Editor of Maui Weekly Aug 18, 2011
Franciscans never misrepresent the church (unless they do). They are on the globe to represent the Holy Catholic Church in its original apostolic form of life, as depicted in the Holy Gospels. Franciscans have been taught that “their constant thrust throughout the past eight centuries has been that of making the official church seem credible.”
St. Joan of Arc was a lay sister in the Franciscan Third Order. The Office of the Bishop convicted her for being a witch and a heretic. She was asked by Bishop Cauchon to recant, and when she refused, the bishop had her burned to death. A pope condemned those Church activities and canonized her.
Certain Roman Catholic bishops throughout history have had a tendency to behave in this manner. Religious founders who were canonized as saints were attacked in some way by a bishop, but, nonetheless, always held the institution as the boat of salvation, to be held with profound respect and respectful silence. Other founders were co-opted. Those who persevered, despite the bloody noses from bishops, had the power of their charism and were effective witnesses to the Love of Jesus Christ, exemplified in the Gospel teachings, proclaimed by the Holy Catholic Church.
Brother Christopher Fishkin
* * * * *
Br Christopher Fishkin sent us this response which we received July 25:
Firstly, No, I am not in contact with any of Ventura-Oliver's victims, who were being harmed and de-frauded by Ventura-Oliver, and as such, I have not referred any of them to Laulima or anyone else for that matter. I did my part to assist that particular family at that time, and that was that. Aunty Patty Nishiyama personally referred the victims of Ventura-Oliver to lawyers to assist them in protecting themselves from Ventura-Oliver.
I am not aware of what Aunty Patty is specifically doing as regards Laulima. I know that she is helping to create opportunities for people to be informed about Dr. Sai's dissertation because of how important that information is, that he is presenting, and then he and Kale explain how it is being utilized by Laulima.
Regarding Dr. Sai, I am simply fascinated by Dr. Sai's doctoral dissertation work, as are many highly educated, intelligent people throughout the Hawaiian Islands, as well as abroad. If the content of his thesis holds up to appropriate scrutiny, then I would expect good fruit to result. As Queen Lili'uokalani wrote in her autobiography, Hawaii's Story by Hawaii's Queen, " Oh, honest Americans, as Christians hear me for my downtrodden people..."; The U.S. Congress Apology legislation signed by Pres. Clinton encourages Americans to assist in reconciliation efforts with the Hawaiian people due to injustice and harm caused. I see that Dr. Sai may be bringing to light that which has been kept in the dark. Why stay in the dark, when we can live in the light and bring more healing and truth and prosperity to all.
I have heard two of Dr. Keanu Sai's presentations, one he gave at UH to his students, and one that he gave on Maui. All the information is historical, so it would appear to me that it would be relatively easy for anyone to check out the facts and see how they comport with history. I am told that his dissertation is being published presently by UH Press. It would also seem that If his doctoral dissertation is indeed accurate and valid, then the information, is a game changer; especially as regards the Executive Agreements between Pres. Cleveland and Queen Lili'uokalani. From my perspective, it seems to me that you can only drive around with stolen goods for so long. This may be a truly amazing moment in history actually.
At the same time, I fully expect those who support efforts of this kind, to be persecuted in some way. The Truth may indeed set us free, but for those who are the messengers...it often comes at a price; Martin Luther King, Gandhi, Nelson Mandela, etc. well, they surely had a tough road and a rough ride. The Hebrew Prophets in my tradition are revered now, in the Jewish and Christian tradition, but back then who was listening and paying attention?
Sorry, I went on. I don't think that Oliver's victims are being referred to Laulima directly. I think some of them are probably hearing about Dr. Sai and what Laulima is doing on T.V. or in seminars and going from there. I think Aunty Patty, Laulima and Dr. Sai and the rest of us are waiting to see how the title companies and the banks are going to respond to the allegations of titles being defective for reasons set forth by Dr. Sai, who is, as I understand it, an expert on land titles and treaties.
* * * * *
Felon David “Keanu” Sai responds:
From a Sept 12, 2011 letter to HawaiiReporter:
This letter is in response to … the July 17, 2011 article by Andrew Walden …. I have always refrained from responding to these types of articles, but I have since changed my mind in order to qualify and clarify a lot of misinformation being presented. As for Walden’s article, I think Br. Christopher Fishkin did a fine job in his response, which can be read at the bottom of the article…..
read … the rest