Man in Punahou case gives up car

By Rod Ohira
Advertiser Staff Writer

A former Hawai'i resident has agreed to forfeit a BMW sports car that city prosecutors said was purchased with money stolen from the 2002 Punahou School carnival.

Harlan Higa recently decided not to contest the forfeiture litigation on a 1997 BMW 318i that he purchased for $16,500 cash on Feb. 14, 2002, 11 days after the Punahou School reported the theft of $51,500 in carnival proceeds from an office safe.

"It's not an admission of guilt. It's a business decision," said Paul Cunney, one of Higa's attorneys. "It wasn't worth spending $25,000 for a $10,000 car. The cost of fighting the state in forfeiture cases is prohibitive."

Cunney was speaking for Higa, who lives in Las Vegas.

Charlotte Duarte, city deputy prosecutor for asset forfeitures, said the BMW valued at $15,000 will be auctioned off. Punahou School is negotiating with the prosecutor's office for a share of the proceeds from the auction, she added.

Duarte noted that Higa's decision frees him from complying with a court order to provide discovery information in connection with the civil forfeiture case.

"We wanted to look at records," Duarte said. "(Higa) said the money used to purchase the vehicle was from an 'innocent source' and not from the theft and claimed he could prove it."

Higa, the son of a Punahou employee, was arrested April 25 in connection with the theft but never charged. He allegedly used 700 $20 bills; 100 $10 bills; 200 $5 bills, and five $100 bills to pay for the car.

The forfeiture case is a civil matter, said Duarte. The criminal investigation has been closed but can be reopened, said Jim Fulton of the prosecuting attorney's office.

Reach Rod Ohira at 535-8181 or rohira@honoluluadvertiser.com.