honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Saturday, June 14, 2003

Waipahu man accused of human trafficking

By Vicki Viotti
Advertiser Staff Writer

A federal grand jury has indicted a Waipahu man on charges of smuggling four Tongan nationals into Hawai'i and forcing them to work for his pig farm and rock-wall business.

Lueleni Fetongi Maka

Courtesy KHON Channel 2

It is the first time a Hawai'i resident has been charged under federal "involuntary servitude" and "forced labor" statutes, assistant U.S. attorney Mike Seabright said yesterday.

Workers told investigators that Lueleni Fetongi Maka, 50, beat them with fists, rocks and tools, and threatened to have them deported if they tried to leave. They lived in shacks on a Nanakuli pig farm without hot water or sanitation, according to court documents. The condition of the workers was not described in the indictment issued Thursday. It is unclear over what period of time the alleged abuse occurred.

Maka's lawyer said his client will fight the charges.

The issue of human trafficking gained attention here in February during the trial of Kil Soo Lee, owner of the Daewoosa Samoa Ltd. clothing factory in American Samoa. Lee was found guilty Feb. 21 of conspiracy, extortion, money laundering and 11 counts of involuntary servitude in the employment of Vietnamese and Chinese immigrant workers.

Last fall, a human trafficking conference resulted in the formation of a task force to raise awareness about the potential for human trafficking here. Nancie Caraway, who directed the conference, said law enforcement agencies are focusing more attention on the issue.

"I'm not gleeful that people have been victimized, but this (Maka case) will help to shine a spotlight on the practice," Caraway said.

According to court documents, Maka — a Tongan citizen living here as a permanent resident alien — recruited and brought four Tongan nationals to Hawai'i in 2001.

Once here, he withheld their passports and forced them to work on a Nanakuli pig farm and for his rock-wall building business. They were forced to work 12 to 14 hours a day, six days a week, and were paid $60 to $200 a week, the documents say. Sometimes Maka did not pay them at all, the documents say.

Federal public defender William Domingo said Maka will contest the charges, but Domingo declined to comment in detail until he examines the indictment and evidence.

"We're incredulous at this point," Domingo said. "But we have to do our own independent investigation."

Maka is scheduled to be arraigned before U.S. Magistrate Barry Kurren at 10 a.m. Monday.

The indictment charges Maka with four counts each of "human trafficking with respect to involuntary servitude and forced labor;" involuntary servitude; and forced labor.

The forced labor statute is a relatively new element, passed by Congress as part of the Trafficking Victims Protection Act of 2000.

The indictment also alleges that Maka violated U.S. immigration laws in the smuggling operation, confiscating passports or other immigration documents of the Tongan nationals.

If convicted, Maka faces maximum sentences of up to 20 years each on the counts alleging human trafficking, involuntary servitude and forced labor. He also faces maximum sentences of 15 years each on the five counts charging alien smuggling, 10 years each on four counts of alien harboring and five years each on three counts stemming from his confiscation of immigration documents.

In February Maka had been indicted on a single count of smuggling a Tongan national, but that case has been superseded by the new charges.