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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,
* ^
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
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
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
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
18, United States Code, Section 1512. I am currently assigned to the White Collar
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
otherwise indicated, all dates and times discussed below are approximations in
approximately 2011 to 2014, SHIRAISHI was the captain and commanding officer
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 4 of 14 PageID #: 4
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.
Silva appeared in United States District Court for the District of Hawaii, waived
Records in violation of Title 18, United States Code, Section 1519; Corruptly
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
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-
Inspection Service ("USPIS") Inspector, including the false claim that Silva had
personally retrieved a hard drive containing video evidence from CCl's residence.
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 5 of 14 PageID #: 5
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).'
(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.
the hard drive to Silva at HPD headquarters. According to Silva, on Saturday June
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.
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 6 of 14 PageID #: 6
processed the hard drive such that Nguyen and he could view the video recording.
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.
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
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 7 of 14 PageID #: 7
G.K.P. as the person depicted on the hard drive "stealing" the mailbox. On
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.
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
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
^ 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
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 8 of 14 PageID #: 8
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
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
experienced agents with whom I have spoken, I believe that properly administered
polygraph examinations can assist in determining the reliability of a witness.
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 9 of 14 PageID #: 9
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.
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
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.
was working properly. He stated he then recovered the hard drive and transported it
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
Case 1:17-mj-01199-KSC Document 2 Filed 10/16/17 Page 10 of 14 PageID #: 10
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mailbox theft from CCl's residence. And the following day (June 20,2014), Silva
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
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
that he retrieved the recordings from the residence. Silva also confirmed preparing
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
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
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
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
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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12
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
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
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
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.
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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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
KEVIN S.C.
United States Magistrate Judge
District ofHawaii