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The Honolulu Advertiser
Posted on: Saturday, June 9, 2007

Conviction in identity theft

By Ken Kobayashi
Advertiser Courts Writer

Henry Calucag Jr. was convicted yesterday of eight felony counts involving more than $245,000.

ADVERTISER LIBRARY PHOTO | 2006

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An O'ahu jury yesterday convicted a man of identity theft for stealing property worth more than $245,000 from a Kaua'i resident who later was found shot to death in the Philippines.

Henry Calucag Jr., 58, also known as Hank Jacinto, now faces a mandatory maximum 20-year prison sentence. He was found guilty of eight felony counts of credit-card fraud, forgery, fraudulent use of a computer and theft of John Elwin's identity.

Calucag, who did not take the witness stand but whose attorney argued that the prosecution failed to prove its case, showed no emotion as the court clerk announced the guilty verdicts.

"We're just relieved," said Mark Guerin, an Elwin family friend who watched the return of the verdict.

City deputy prosecutor Christopher Van Marter called Calucag a "professional con man." Calucag has a prior bank fraud conviction.

Van Marter said he will ask that the sentences for the eight convictions run consecutively, which would add decades to the 20-year term for identity theft.

Circuit Judge Michael Town set sentencing for Aug. 29.

Calucag, who has been held without bail, remains in custody.

Calucag's lawyer, Mark Kawata, said he was still in shock over the verdict.

"We're obviously disappointed because we felt the evidence ... (showed) clear reasonable doubt on every single one of these counts," he said.

Calucag was convicted of fraudulently obtaining property on Kaua'i from Elwin, 50, who disappeared during a trip to the Philippines last year.

Elwin's body was found with a gunshot wound to his head in May of last year.

Calucag's defense was that he was involved in business ventures with Elwin and legally received the undeveloped property as partial payment for debts Elwin owed him.

The jury deliberated for a day and a half before convicting Calucag of eight of nine counts. The panel could not reach a verdict on one of the identity theft counts.

Van Marter said that when the investigation into Elwin's death is complete, "it's our hope that we will be able to hold him (Calucag) fully accountable for any role he may have had in the homicide of John Elwin."

Investigators also are looking into the disappearances in the Philippines of two other men who had business dealings with Calucag.

Kawata said that Calucag was not involved in Elwin's death or the disappearances of the two men.

U.S. Navy investigators using dental records and DNA evidence confirmed on Oct. 16, 2006, that Elwin, who had been missing for six months, died in the Philippines. He was killed by a single gunshot wound to the head in a province outside Manila, family members have said.

His family filed a missing persons report with Kaua'i police on May 15, 2006, after Elwin failed to call his 15-year-old daughter in Texas on her birthday.

Two other men, Douglas Ho of Honolulu and Arthur Young of St. Louis Heights, also have been reported missing. Each had formed partnerships with Calucag, and traveled with him to the Philippines, police said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.