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Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 1 of 14 PageID #: 1

ORIGINAL SEALED
BY ORDER OF THE COURT
JEFFFERSON B. SESSIONS III FILED IN THE
United States Attorney General UNITED STATES DISTRICT COURT ^
DISTRICT OF HAWAII CS^t"
MICHAEL G. WHEAT,CBN 118598
ERIC J. BESTE, CBN 226089 OCT 1 6 2p]7
JANAKI S. GANDHI,CBN 272246 at^SUE
o'clock and f,
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mln. M
COLIN M. MCDONALD,CBN 286561 BEITIA. CLERK
Special Attorneys to the Attorney General
880 Front Street, Room 6293
San Diego, CA 92101
Tel: 619-546-8437/8817/9144
Email: michaeLwheat@usdoj.gov

Attorneys for the United States of America

UNITED STATES DISTRICT COURT


DISTRICT OF HAWAII

Case No.
17-01 igstl^sc
UNITED STATES OF AMERICA,

Plaintiff, COMPLAINT

V.
Title 18, U.S.C., Section 1512(c)-
GORDON SHIRAISm, Obstruction of Official Proceeding
(Felony)

Defendant.

I, the undersigned complainant being duly sworn state the following is true

and correct to the best of my knowledge and belief.

1. Between November 19, 2015, and October 5, 2017, a duly empaneled

federal grand jury sitting in the District of Hawaii was conducting a proceeding to

determine whether violations of federal law had been committed in connection with

the investigation, prosecution, and aftermath of United States v. G.K.P.


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2. On or about January 7, 2016, in the District of Hawaii, the defendant

GORDON SHIRAISHI did corruptly attempt to obstruct, influence, and impede an

official proceeding,that is,the federal grand jury, by providing false and misleading

statements and information about the purported investigation of G.P.K. and the

alleged theft ofa mailbox fi*om a private residence in Honolulu,Hawaii,in violation

of Title 18, United States Code, Section 1512(c)(2).

I further state that I am a Special Agent with the Federal Bureau of

Investigation(FBI)and that this complaint is based on the following affidavit which

is attached hereto and made part ofthis complaint by this reference.

DATED: HONOLULU,HAWAII: October

NICOLE VALLIERES,Special Agent


Federal Bureau ofInvestigation
United States Department ofJustice

Sworn and subscribed before me,this of October, 2017:

KEVIN S.C. CHANG //


United States Magistral#
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AFFIDAVIT OF NICOLE VALLIERES

NICOLE VALLIERES,Special Agent ofthe Federal Bureau ofInvestigation

(FBI), being duly sworn, deposes and states the following:

1. I am a duly appointed Special Agent of the FBI and have been

employed as such since July 2014. I am authorized to investigate violations ofTitle

18, United States Code, Section 1512. I am currently assigned to the White Collar

Squad in the Honolulu Division ofthe FBI.

2. This affidavit is made in support of a complaint charging GORDON

SHIRAISHI(SHIRAISHI) with Obstruction of Official Proceeding in violation of

Title 18, U.S.C., Section 1512(c)(2). The information contained below is from my

personal knowledge, other law enforcement officers, or from those specific sources

as set forth. Because ofthe limited purpose ofthis affidavit,it does not contain every

fact known by me or other investigators working on this investigation. Unless

otherwise indicated, all dates and times discussed below are approximations in

Hawaii Standard Time. To place SHIRAISHTs actions in context, a summary of

background information follows.

3. According to records provided by the Honolulu Police Department

("HPD"), SHIRAISHI joined the HPD in 1983 as a police officer. From

approximately 2011 to 2014, SHIRAISHI was the captain and commanding officer
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of HPD's Criminal Intelligence Unit(CIU) and ultimately reported to the HPD's

Chief ofPolice. The CIU is a specialized unit ofthe HPD,chosen by the executive

staff ofHPD and approved by the Chief, responsible for gathering intelligence and

data on organized crime, terrorism, and other serious threats facing the City and

Coimty ofHonolulu.

4. On December 16,2016,former HPD officer(and CIU technician)Niall

Silva appeared in United States District Court for the District of Hawaii, waived

indictment, and pled guilty to a single-count information charging him with

conspiring to commit the offenses of Destruction, Alteration, or Falsification of

Records in violation of Title 18, United States Code, Section 1519; Corruptly

Obstructing,Influencing, and Impeding an Official Proceeding, in violation of Title

18, United States Code, Section 1512(c); and Making False Statements, in violation

of Title 18, United States Code, Section 1001. As part of his guilty plea, Silva

admitted under oath that he agreed with various co-conspirators to commit these

offenses in connection with a federal criminal investigation and prosecution of an

individual (G.K.P.) for the theft of a mailbox from the residence of Co-conspirator

No.l ("CCl"). Silva further admitted that as part of the conspiracy, he and Co-

conspirator No. 2 ("CC2"), provided false information to a United States Postal

Inspection Service ("USPIS") Inspector, including the false claim that Silva had

personally retrieved a hard drive containing video evidence from CCl's residence.
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when in fact CC2 had retrieved the hard drive from CCl's residence and had

delivered the hard drive to Silva at HPD headquarters. According to Silva, CC2 is

Nguyen(charged elsewhere).'

5. After beginning his cooperation with the FBI, Silva stated in an

interview that on Saturday, June 22,2013, he received a call from Co-Conspirator 3

(CC3)on his work cell phone. At the time, CC3 called Silva to tell him to report to

the HPD Main Station because there had been an incident at CCl's residence.

6. On or about June 22,2013, before or near 1:31 p.m., Nguyen delivered

the hard drive to Silva at HPD headquarters. According to Silva, on Saturday June

22,2013,CC3,and Co-conspirator 5(CC5)were all present at the HPD Main Station

when Silva reported to work. When Silva arrived at the Main Station, Nguyen

handed Silva the hard drive from CCl's home video surveillance system (which

Nguyen had already taken from CCl's residence earlier that day). Silva asked

Nguyen what time he seized the hard drive; Nguyen told Silva 9:00am. Silva wrote

down 8:59am on the evidence chain form, falsely indicating that he (Silva) had

retrieved the hard drive at that time. Silva and Nguyen collectively agreed to put

1 Silva has pled guilty pursuant to a plea agreement and is cooperating with the investigation in
the hope ofreceiving a sentencing reduction. United States v. Siha, Case No. CR16-00787-SOM
(D. Hawaii). Although Silva has admitted providing false information to investigators as part of
the conspiracy, and testifying falsely under oath in the criminal trial of G.K.P., the information
Silva has provided in connection with his guilty plea has proven to be reliable and corroborated by
other evidence.
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down this false information on an official HPD form. According to Silva, he

processed the hard drive such that Nguyen and he could view the video recording.

7. Based on cellular telephone records for Nguyen obtained by the FBI,

on or about June 22,2013, at about 1:28 p.m., Nguyen telephoned CCl.

8. According to records provided by HPD,just a few minutes later on or

about June 22, 2013, at about 1:31 p.m., CCl telephoned 911 to report the alleged

theft ofa Postal Service mailbox from CCTs residence the night before. According

to HPD records, on June 22, 2013, at approximately 1:35 p.m., an HPD Patrol

Officer arrived at CCl's residence to investigate the complaint ofthe alleged stolen

mailbox. According to this patrol officer- who has been interviewed by the FBI ~

CCl stated, inter alia,someone stole her mailbox and there was possibly mail inside

it. CCl said she may have an idea who stole the mailbox, but did not want to say

anything until the video was reviewed by a family member. This statement was the

first time the HPD Patrol Officer was aware ofany video cameras. CCl said she did

not know how to review the video, but she would do so with a relative. CCl said if

she saw anything on the video, she would call 911 and have the video taken as

evidence.

9. According to Silva and records obtained from HPD,on June 22,2013,

at approximately 2:30 p.m., Silva was present with Nguyen as the two officers

reviewed the video from CCl's residence. According to Silva, Nguyen identified
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G.K.P. as the person depicted on the hard drive "stealing" the mailbox. On

November 24,2015,and April 21,2016,Nguyen stated to Federal Investigators that

he first saw the footage ofthe alleged mailbox theft at the HPD Main Station on June

22,2013 after he assisted Silva with retrieving the hard drive from CCl's residence.

10. On December 16, 2016, Silva pled guilty to conspiracy to make false

statements and obstruct justice. Among other things, Silva admitted Nguyen

removed the hard drive from the CCl's residence, not Silva.

11. On July 5, 2013, Nguyen was interviewed by a USPIS Inspector.

During that interview, Nguyen advised he had reviewed the surveillance video

footage ofthe mailbox theft and claimed that he was able to identify the suspect as

G.K.P. On April 21,2016, during Nguyen's federal Grand Jury testimony, he again

identified G.K.P. as the male in the video based on the male's stature, build, and

walk. However, based on my review of the video footage and observations of

G.K.P., and the observations of other persons familiar with G.K.P. and the footage,

the male depicted in the video does not appear to be G.K.P. In addition, G.K.P. has

repeatedly denied being the person who "stole" CCl's mailbox, including during a

polygraph examination administered to him on July 23,2015According to the FBI

^ Although polygraph results are generally not admitted into evidence in criminal
cases, the FBI still considers a polygraph to be a valid investigative technique.
Moreover, based on my training and experience and the experience of other
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polygrapher administering this examination,G.K.P.gave no indications ofdeception

when he denied being the male depicted in the video.

12. According to Silva, on or about June 22, 2013, after 2:30 p.m., Silva

excised portions of data recovered from the hard drive that Nguyen retrieved from

CCTs residence, and transferred those excised portions to disks. According to Silva

and an HPD Follow-up report,completed and signed by Silva on July 1,2013,a total

of four (4) discs containing surveillance video were logged into in evidence.

According to Silva, on or about June 22, 2013, after 2:30pm, at the HPD Main

Station, he gave copies of the excised surveillance videos to other co-conspirators

who were HPD officers.

13. According to Silva,the original hard drive(containing the entire video)

was not submitted into evidence - despite HPD protocol to the contrary. This was

because CC3 (a more senior HPD officer) instructed Silva not to put the original

hard drive into HPD evidence; instead, Silva kept the hard drive in his desk. Silva

inquired with CC3 on three separate occasions as to what he should do with the

original hard drive. CC3 instructed SILVA to hang onto it. The excised videos were

later produced to the FBI.

experienced agents with whom I have spoken, I believe that properly administered
polygraph examinations can assist in determining the reliability of a witness.
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14. According to Silva, the original hard drive from CCl's residence was

placed back into circulation in December 2013 on Silva's last day of work before he

retired.

15. On or about July 5, 2013, Nguyen was interviewed by the USPIS

Inspector,at which time he falsely reported that he was present when Silva recovered

the hard drive from CCl's residence on June 22, 2013. In addition to being

contradicted by Silva's admissions under oath in his guilty plea, Nguyen's claim is

contradicted by bank records showing that at the time Nguyen says he was meeting

with Silva at CCl's residence, Silva was conducting transactions at bank branches

in different locations in Honolulu.

16. On or about June 18, 2014, at about 10:49 a.m., Silva falsely told a

USPIS Inspector that he personally recovered the hard drive from CCl's residence.

Silva explained that he personally checked the surveillance equipment to ensure it

was working properly. He stated he then recovered the hard drive and transported it

to the HPD Main Station.

17. Based on cellular telephone records for Silva obtained by the FBI, and

Silva's statements since his cooperation began, Silva and Nguyen repeatedly

discussed the false statements they were both providing to federal investigators. For

example, on or about June 18, 2014, at about 1:17 p.m., after Silva spoke to USPIS

Inspectors, he called Nguyen. The next day (June 19, 2014), Silva again provided
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false information to the USPIS Inspector about HPD's "investigation" of an alleged

mailbox theft from CCl's residence. And the following day (June 20,2014), Silva

again called Nguyen.

18. According Silva's admission in the plea agreement on December 16,

2016, and toll records obtained by the FBI,on or about December 1, 2014, Nguyen

and Silva discussed the false testimony the conspirators expected to provide at the

upcoming federal criminal trial of G.K.P. for theft ofthe mailbox.

19. On or about December 4, 2014, Silva falsely testified in the federal

criminal trial of G.K.P. that on June 22, 2013, at 8:59 a.m., he personally went to

CCl's residence, verified the security system was in good working order on the date

and time ofthe incident(June 21,2013,10:31 p.m.),that recordings were made,and

that he retrieved the recordings from the residence. Silva also confirmed preparing

reports (falsely) documenting his retrieval ofthe hard drive.

20. Based on cellular telephone records for Silva obtained by the FBI and

statements made by Silva to the FBI, on or about December 4, 2014, Nguyen and

Silva spoke about what Silva had said during his testimony and the false evidence

provided in the federal criminal trial of G.K.P.

21. Based on cellular telephone records for Nguyen obtained by the FBI,

on or about November 19,2015,at about 3:42 p.m., after being contacted by the FBI

about G.K.P.'s trial, Nguyen contacted Silva.


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22. On or about November 24, 2015, Nguyen provided false and

misleading information to the FBI about the alleged mailbox theft from CCl's

residence. Nguyen stated, amongst other things, that he let Silva in to the garage at

CCl's residence on June 22,2013. When Silva arrived, Nguyen waited for Silva to

"do his thing." Nguyen stated he did not witness the extraction of the hard drive

from CCl's surveillance system; he just waited for Silva. Nguyen claimed that he

and Silva then went to the HPD Main Station together after recovering the drive.

OBSTRUCTION BY SHIRAISHI

23. Beginning on about November 19, 2015, and continuing through the

date of this affidavit, a federal grand jury sitting in the District of Hawaii was

conducting a proceeding to determine whether violations of federal law had been

committed in connection with the investigation, prosecution, and aftermath of

United States v. G.K.P. As outlined above, Silva and others were called to testify

before the grand jury about the HPD "investigation" of G.K.P. Among the persons

called before the grand jury was SHIRAISHI,who was the captain and commanding

officer of CIU during the time that G.K.P. was investigated and prosecuted for

stealing a mailbox in front of CCl's residence.

24. According to the certified transcript of SHIRAISHI's testimony before

the grand jury on January 7, 2016, SHIRAISHI testified that he first learned about

the alleged mailbox incident when Co-conspirator No. 6 (CC6) called him on
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Saturday, June 22, 2013, at around 9:00 a.m. SHIRAISHI testified he received the

call while he was outside his house watering his garden. SHIRAISHI claimed that

when he looked at the screen of the phone, it displayed CC6's name because

SHIRAISHI had previously programed CC6-a senior HPD officer-as a contact in

his phone. SHIRAISHI claimed that when he answered, CC6 "told [him] that

[CC6's] mailbox was missing [and that he thought] it might have been stolen."

SHIRAISHI told CC6 he would look into it. SHIRAISHI claims that he then called

CC3 who was a lieutenant in CIU - and directed CC3 to "send some ofthe techs

down to retrieve the cameras or the footage to see what's contained on it." When

confronted with the fact that CIU technician Silva's report stated that the hard drive

was recovered at 8:59 a.m., SHIRAISHI posited that the call must have occurred

well before 9:00 a.m.,to permit Silva and Nguyen to reach the residence and recover

the footage at 8:59 a.m.

25. A review of phone records for phones used by SHIRAISHI, CC6,and

CC3 disproves SHIRAISHI's testimony. SHIRAISHI's first contact with CC6 on

June 22 was at 5:00 p.m. His only contact with CC3 was at 2:30 p.m.-no morning

calls. Thus, SHIRAISHI could not have learned of the mailbox event from a

morning phone call fi*om CC6, or directed other officers to respond to the scene

before 9:00 a.m. In addition, Silva never went to the house that day to recover the

hard drive with Nguyen. According to Silva, he first saw the hard drive after it had
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already been retrieved by Nguyen and transported to the police station. Furthermore,

CC6 testified at G.P.K's federal criminal trial that, after noticing the missing

mailbox(around 5:30-6:00 a.m.), he"was so frustrated...that I decided to wait and

report it and let[CCl]know when I came home[from surfing]. I [CC6]came home

about maybe 9:30 that morning, and I told[CCl] what had happened." He later was

asked whether CCl reported the theft. "Yes," CC6 replied. Thus, even CC6's

account during G.K.P.'s trial testimony does not align with SHIRAISHI's grand jury

testimony.

26. On November 16, 2015, in an FBI interview, SHIRAISHI stated that

the only phone number he uses is(808)XXX-5314. A review of phone records for

that number reveal no calls to or from CC6 on the morning ofJune 22,2013.

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Based on these facts and circumstances,there is probable cause to believe that

SHIRAISHI did corruptly attempt to obstruct, influence, and impede an official

proceeding, that is, the federal grand jury, by providing false and misleading

statements and information about the purported investigation of G.P.K. and the

alleged theft ofa mailbox from a private residence in Honolulu, Hawaii.

FURTHER AFFIANT SAYETH NAUGHT.

NICOLE VALLIERES,Special Agent


Federal Bureau ofInvestigation
U.S. Department of Justice

Subscribed and sworn to before me this of October, 2017.

KEVIN S.C.
United States Magistrate Judge
District ofHawaii