Probe of Harris' campaign finances far from over

By Johnny Brannon
Advertiser Staff Writer

It's been called the most ambitious attempt in Hawai'i history to clean up an ingrained culture of political corruption. Others see it as an obsessive hunt for Moby Dick that's mostly coming up dry.

The mammoth criminal investigation of Mayor Jeremy Harris' campaign finances has spanned nearly 30 months, 40 suspects, hundreds of subpoenas and a seemingly endless paper trail detailing crooked contributions.

But no one has gone to prison and no charges have been filed against Harris or any top campaign officials since the probe began in January 2002.

Rather than explosive trials, the investigation has produced a steady trickle of plea bargains, fines and admonishments. One defendant was sentenced to 10 days in jail but remains free while the case is appealed.

And although the probe has often appeared to sputter and all but grind to a halt, prosecutors say it's far from over.

"I wouldn't say it's winding down," said deputy city prosecutor Randal Lee. "The investigation is still ongoing, and we're still in the midst of pursuing other matters."

Lee said it's important to understand that such cases are complex, and involve lengthy disputes over access to banking records and interviews with numerous people.

"There has been some resistance, and that's putting it mildly," Lee said. "People don't want to come clean and take responsibility until we put them on the hook."

So far, no one has emerged as a devious kingpin or mastermind who orchestrated a grand scheme. The defendants have mostly been mild-mannered civil engineers and architects, studious men who favor neatly tucked aloha shirts, pocket protectors, and cell phones attached to their belts.

And although investigators have searched high and low for evidence of an illicit link between campaign cash and city contracting, no connection has been proven — or even alleged in court.

Still, the investigation has ripped the lid off one of Hawai'i's open secrets, firmly establishing that a campaign was illegally bankrolled with hundreds of thousands of dollars. Many believe it wasn't the first time.

And a few defendants have been high-profile, including Leonard Leong, a police commissioner who resigned under pressure, and Donald Kim, former chairman of the University of Hawai'i Board of Regents. Both pleaded no contest to misdemeanors.

Even some who have fought the probe fiercely admit it has had an effect.

"I think the professional community has been affected by this as a whole, and that these activities are not going to occur in the future," said attorney Renee Yuen, who has represented several of the defendants.

She questions whether such matters should be pursued in the criminal justice system, however, because the state Campaign Spending Commission can issue civil fines for campaign finance violations.

"Administrative sanctions are all that's appropriate for this type of activity," Yuen said.

The commission has conducted a parallel investigation involving many of the same defendants, and it has often led to much larger fines than the courts are allowed to impose.

But Lee said it's important that voters know the electoral process is being protected.

"We complain about low voter turnout, but there's a lot of skepticism by voters that it's the same old game being played," he said. "We hope that the system is at least fair for all candidates."

Harris' attorney has long contended that prosecutors improperly singled out illegal donations to the mayor to smear him, while ignoring those made to other politicians. Harris was running for governor when the investigation began, and quit the race shortly after.

The campaign commission has fined many donors for illegally funneling money to others as well as Harris, but the criminal probe has focused almost exclusively on money that went to the mayor's campaign.

Lee said that the investigation has pursued evidence of illicit donations made to others, but that the focus on Harris' campaign began with the Campaign Spending Commission, which forwarded evidence to prosecutors.

"There is no political agenda," Lee said. "We never asked for this. It was referred to us."

One of the 27 defendants charged so far was accused of making illegal donations to former Gov. Ben Cayetano and former Lt. Gov. Mazie Hirono, as well as to Harris. Thirteen others have been arrested but have not been charged in court.

Neal Milner, a political science professor at the University of Hawai'i, said the probe's limited results do not appear to have shocked many people or spurred a strong push for campaign reform.

"I think the public was probably jaded about the way money and politics work in Hawai'i before, and I think they remain jaded," he said. "People have a kind of distrust of the political process and money, and I think this has reinforced it but not increased it very much."

But the reaction would likely be much stronger if any public officials were directly implicated in serious criminal activity, he said.

In the meantime, people who have illegally donated money to politicians will probably think twice now, Milner said.

"I think it's going to make people a little bit more careful, at least for a while," he said. "More careful, knowing that some of the old things they used to get away with are going to be watched more closely now."

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 525-8070.