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Case 1:17-mj-01217-KSC Document 2 Filed 10/18/17 Page 1 of 22 PageID #: 1

ORIGINAL A LED
ORDER OF THE COURT
JEFFFERSON B. SESSIONS III
United States Attorney General hled in tup
MICHAEL G. WHEAT,CRN 118598 district COURT
ERIC J. BESTE, CRN 226089 DISTRICTOFHAWAII
JANAKI S. GANDHI,CRN 272246
COLIN M. MCDONALD,CRN 286561
Special Attorneys to the Attorney General SUE SEITiA,a^RK
880 Front Street, Room 6293
San Diego, CA 92101
Tel: 619-546-8437/8817/9144
Email: michaeLwheat@usdoj.gov
Attorneys for the United States

UNITED STATES DISTRICT COURT


DISTRICT OF HAWAII

CaseNo^ lT-01217kSC
UNITED STATES OF AMERICA,
COMPLAINT
Plaintiff,

V. Title 18, U.S.C., Section 371-


Conspiracy (Felony)
DEREK WAYNE HAHN,

Defendant.

I, the undersigned complainant being duly swom, state the following

is true and correct to the best of my knowledge and belief.

1. Beginning on a date unknown, but no later than June 21, 2013,.and

continuing up to and including June 2, 2016, within the District of Hawaii,

defendant DEREK WAYNE HAHN ("HAHN") and other co-conspirators did


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knowingly and willfully combine, conspire, and agree together, with each other

and with others to commit the following offenses against the United States:

a. To knowingly alter and falsify records, documents and tangible


objects with the intent to impede, obstruct, and influence the
investigation of a matter within the jurisdiction of a department
and agency of the United States, in violation of Title 18, United
States Code, Section 1519;

b. To corruptly obstruct, influence, and impede an official


proceeding^that is, a federal criminal prosecution brought in
the United States District Court for the District of Hawaii, and
the federal grand juryin violation of Title 18, United States
Code, Section 1512(c); and

c. To knowingly and willfully make a materially false, fictitious,


and fraudulent statement in a matter within the jurisdiction of
the executive branch of the Govemment of the United States
that is, a United States Postal Inspection Service investigation
and prosecution of an individual for a mailbox theft^in
violation of Title 18, United States Code, Section 1001.

2. It was a purpose of the conspiracy to alter evidence and documents,

provide false information to the United States Postal Inspection Service (USPIS)

and the United States Attomey's Office for the District of Hawaii(USAO-Hawaii),

and present false testimony and evidence in a criminal trial in the United States

District Court for the District of Hawaii (USDC-Hawaii), in connection with a

criminal investigation and prosecution of G.K.P. for allegedly stealing a United

States Postal Service mailbox.


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3. In furtherance of the conspiracy and effect the objects thereof, the

conspirators committed the overt acts outlined in the affidavit in support of this

complaint, including on or about July 1, 2013, HAHN directed co-conspirator Niall

Silva (charged elsewhere) to place into evidence only the excised portions of the

data recovered from the surveillance video hard drive from Co-conspirator No. 1

("CCl")and Co-conspirator No. 6's("CC6")residence.

All in violation of Title 18, United States Code, Section 371.

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 of this complaint by this reference.

DATED: HONOLULU,HAWAII: October ,2017.

NICOLE VALLIERES, Special Agent


Federal Bureau of Investigation
United States Department of Justice

SwoiTi and subscribed before me,thi^^^%^ 015?^.


/j^^ay of October/20n^^

RICHARD L. PUGLlgi
United States Magistrate Judge
District of Hawaii
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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. Prior to joining the FBI, I was a Connecticut

State Trooper for approximately seven years. I am authorized to investigate

violations of Title 18, United States Code, Sections 371,1519,1512(c), and 1001. 1

have received specialized training pertaining to these and other areas offederal law.

1 am currently assigned to the White Collar Squad in the Honolulu Division of the

FBI. In the course of my duties, 1 have prepared and executed search, seizure, and

arrest warrants.

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

WAYNE HAHN("HAHN")with Conspiracy in violation ofTitle 18, U.S.C., Section

371. Because of the limited purpose of this 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.

3. Based on the facts contained herein, 1 submit there is probable cause to

believe HAHN and other co-conspirators did knowingly and willfully combine,

conspire, and agree together, with each other and with others to commit the following
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offenses against the United States: to destroy, alter, or falsify records in violation of

Title 18, United States Code, Section 1519; to corruptly obstruct, influence, and

impede an official proceeding, in violation of Title 18, United States Code, Section

1512(c); and to knowingly and willfully make a materially false, fictitious, and

fraudulent statement in a matter within the jurisdiction ofthe executive branch ofthe

Government ofthe United States in violation ofTitle 18, United States Code,Section

1001. The information contained below is from my personal knowledge, other law

enforcement officers, or from those specific sources as set forth.

4. The conduct described herein relates to the alleged theft of a mailbox

located at CCl and CC6's residence at approximately 11:30 p.m. on June 21, 2013.

As discussed more fully below,a video recording was apparently made ofthe alleged

theft. I have reviewed the video footage. It shows a white, four-door sedan drive up

and park directly in front of the residence. A male with facial hair and wearing a

baseball hat exits the driver's side of the vehicle, walks to the mailbox, inspects the

mailbox for a few seconds, and then^with little effortremoves the security-style

mailbox off its metal post. The male then opens the rear passenger door and places

the mailbox inside the vehicle. After closing the door, the male walks around the rear

of the vehicle, enters the driver's seat, and drives away.

5. Eight days later, CCl's uncle, G.P.K., was arrested for stealing the

mailbox. At that time, G.P.K. was a plaintiff (along with his elderly grandmother
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F.P.) in a civil lawsuit against CCl. Three people claimed to identify G.P.K. in the

surveillance video: CCl, Co-conspirator No. 2 ("CC2")(CCl's then nephew by

marriage), and CC6(CCl's husband). But based on my review of the video footage

and observations of G.K.P., and the observations of others 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 and CC6's mailbox,

including during a polygraph examination administered to him on July 23, 2015.

According to the FBI polygrapher administering this examination, G.K.P. gave no

indications of deception when he denied being the male depicted in the video.

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 experienced agents

with whom 1 have spoken, 1 believe that properly administered polygraph

examinations can assist in determining the reliability of a witness.

6. There is reason to believe the mailbox was prepped to be "stolen" by a

co-conspirator. One, the "thief separated the metal box from its pole^using only

his bare handsin just a few seconds. Two,the designer ofthe mailbox has indicated

that the bottom base of the mailbox is designed to break once the pole tilts to 15

degrees. Yet based on the surveillance video, it appears the mailbox tilted up to 20

degrees without breaking the base. That suggests the interior assembly ofthe mailbox
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was altered to allow for quick removal. Third, only one hour of surveillance video

was preserved from CCl and CC6's surveillance system; the rest was not only not

preserved, as discussed below, it appears to have been intentionally recorded over by

unknown officers inside the Criminal Intelligence Unit ("CIU") of the Honolulu

Police Department("HPD").

THE CONSPIRACY

7. In December 2014, the FBI began investigating the facts surrounding

the investigation, prosecution, mistrial, and ultimate dismissal with prejudice of the

criminal case against G.K.P. In particular, the FBI has been investigating whether

police officers in HPD's CIU, along with other co-conspirators, made false

statements, and fabricated, altered, and concealed evidence in order to support the

false claimand subsequent felony charge^that G.P.K. stole the mailbox

belonging to CCl and CC6.

8. CIU is a specialized unit of the HPD, responsible for gathering

intelligence and data on organized crime, terrorism, and other serious threats facing

the City and County of Honolulu. In the course of their general duties, officers in

CIU do not prepare or write reports recording or regarding their official police

activities. Because of their specialized duties and responsibilities, officers in CIU

are supervised by a lieutenant, who reports to a captain, who ultimately reports to

HPD's Chief of Police. Due to that close relationship, the Chief of Police plays a
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direct role in selecting and appointing officers to CIU.(As one high-ranking HPD

officer stated: "Everyone in the CIU is handpicked by the Chief") According to

witness testimony and records provided by HPD, HAHN was appointedat the

Chief of Police's suggestionas CIU's lieutenant in 2013. HAHN was elevated to

CIU's acting captain and commanding officer in 2014. That same year, as evidenced

by official records from the State of Hawaii Department of Commerce and

Consumer Affairs, HAHN started a business with CCl,the one whose mailbox was

allegedly "stolen" by G.K.P. CCl is married to CC6, who was HPD's Chief of

Police when HAHN was made lieutenant and commanding officer of CIU.

9. 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 the federal criminal investigation and prosecution of

G.P.K. for the thefl of a mailbox from the residence of CCl. Silva further admitted
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that as part of the conspiracy, he and CC2 provided false information to a United

States Postal Inspection Service ("USPIS") Inspector and discussed "the false

testimony [they] expected to provide" at G.P.K.'s trial. Silva also admitted various

overt acts were committed by the co-conspirators as part of the conspiracy. Those

acts ranged from falsely identifying G.K.P. as the person depicted "stealing" the

mailbox on surveillance video, to offering a fictitious timeline for when officers

within CIU retrieved the surveillance video, to excising portions of the surveillance

video, to failing to preserve the original hard drive containing the entire surveillance

video. As to that last act, Silva admitted that Co-conspirator No.3("CC3")instructed

Silva to not put the original hard drive into HPD evidence. According to Silva, CC3

isHAHN.'

OVERT ACTS

10. Based on the evidence described below, I believe there is probable

cause to believe the following overt acts, among others, were committed within the

District of Hawaii in furtherance ofthe conspiracy.

^ 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. Silva,
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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a. On Wednesday, June 19, 2013 (just two days before the alleged

mailbox "theft"), CCl was deposed in the civil action between her and G.K.P. and

P.P. According to CC2, HAHN directed CC2 to the location of the deposition. At

the time, CC2 was related by marriage to CCl and CC6 and lived at their residence.

After CC2 arrived at the location of CCl's deposition, he had a conversation with

P.P. While CC2 has stated he cannot recall the details of their conversation, P.P.

stated that CC2 asked her questions about G.P.K., including what type ofcar he was

driving. P.P. mistakenly told CC2 that G.P.K. drove a white sedan, i.e., the color of

the car involved in the "theft"(G.P.K.'s car was actually silver).

b. Cell-site location information from HAHN's cellular phone shows that

he traveled to or near the immediate area of CCl and CC6's residence around 2:28

p.m. on Priday, June 21, 2013^approximately nine hours before the mailbox

"theft." No surveillance video is available for this time period; as described below,

the video appears to have been intentionally recorded over by CIU.

c. On or about June 21, 2013, at about 11:30 p.m., a conspirator drove a

car to the front of CCl and CC6's then personal residence, walked from the car to

the mailbox in the front yard, lifted the unsecured mailbox from its post, placed it in

his car, and drove away.

d. The next moming, Saturday, June 22, 2013, CC6, according to his

testimony in the criminal trial of G.K.P.,"woke up early,""maybe between 5:30 and


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6:00," to go surfing. That was when he "noticed [the] mailbox [wasn't] there." CC6

testified that he "decided to wait [to] report it and let my wife [CCl] know when I

came home." At "maybe 9:30 that morning," he returned home and "told [his] wife

[CCl] what had happened." CC6 testified that CCl reported the theft to the police.

e. According to records provided by HPD,at about 1:31 p.m. on June 22,

2013, CCl telephoned "911" to report the alleged theft of a Postal Service mailbox

from CCl's residence the night before. However, immediately before that call, as

revealed by cellular telephone records, CC2 called CCl and they spoke for two

minutes(from approximately 1:28 p.m. through 1:29 p.m.).

f. According to Silva's admissions in his plea agreement, "before 1:28

p.m." on June 22, 2013 (i.e., before CCl and CC2 spoke on the phone), CC2

"removed the hard drive from the security system at CCl's residence." As described

further below, Silva has also stated that CC2 told Silva that CC2 seized the hard

drive from CCl and CC6's residence at 9:00 a.m. on June 22, 2013.

g. Cell-site location information from HAHN's cellular phone shows that

HAHN was at or near the immediate area of CCl and CC6's residence from

approximately 8:12 a.m. to 9:26 a.m. on June 22, 2013. No surveillance video is

available for this time period; as described below, the video appears to have been

intentionally recorded over by CIU.


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h. According to HPD records, at approximately 1:35 p.m. on June 22,

2013, an HPD beat officer (with no familial or business ties to the conspirators)

arrived at CCl's residence in response to the 911 call to investigate the complaint of

the alleged stolen mailbox. As part of the initial investigation, CCl completed the

following handwritten statement on HPD Form 252:

Between 6/21/13 around 6PM and 6/22/13 at around 5:30AM someone


stole our mailbox fronting our residence. The mailbox is a white cast-
iron square with a red mail flag approx. size 18 inches x 18 inches by a
foot long approximately, with a white shingled roof, approx. value
$380.00. We did not give anyone consent or permission to take our
mailbox and we would like to prosecute. At this time there is no known
suspects but we will be reviewing our security camera and will give that
information to the police when it becomes available. I believe there was
mail in the mailbox.

In his report,the responding officer noted that CCl was "pretty sure that there

was mail in the mailbox, possibly bank statements." The responding officer also

indicated that "per [CCl] she has security cameras in the area but she has not

reviewed it at this time until a relative retrieves it for her to review. She will call

HPD if anything shows up and submit the DVD." CCl did not inform the officer

that the surveillance video system belonged to HPD or that the hard drive containing

the surveillance video had already been retrieved by HPD personnel.

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

interview that on Saturday, June 22, 2013, he received a call from HAHN on his

work cell phone. At the time, HAHN called Silva to tell him to report to the HPD

Main Station because there had been an incident at CCl's residence. Telephone toll
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records reveal that on June 22, 2013, at 2:31 p.m., HAHN contacted Silva.

According to Silva, when he arrived at HPD,HAHN,CC2,and Co-conspirator No.

5("CC5") were present. Sometime thereafter, as Silva admitted in his plea, HAHN

and a CIU command officer "assigned [Silva] to assist CC2." CC2 handed Silva the

hard drive from CCl's home video surveillance system. Silva asked CC2 what time

he seized the hard drive; CC2 told Silva 9:00 a.m. Silva wrote down 8:59 a.m. on

the evidence chain form, falsely indicating that he (Silva) had retrieved the hard

drive at that time. Silva and CC2 collectively agreed to put down this false

information on an official HPD form.

j. During the afternoon of June 22,2013, Silva was present with CC2 as

the two officers reviewed the video from CCl's residence. According to Silva, CC2

identified G.K.P. as the person depicted on the hard drive "stealing" the mailbox.

On November 24,2015,and April 21,2016,CC2 stated to federal investigators that

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

June 22, 2013, after he assisted Silva with retrieving the hard drive from CCl and

CC6's residence. As discussed above, on December 16,2016, Silva pled guilty and

admitted, among other things, that CC2 had removed the hard drive from the

residence, not Silva. Silva has elsewhere stated that he was not present when CC2

removed the hard drive, and did not see the hard drive until after arriving at the HPD

Main Station on the afternoon of June 22,2013.

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k. According to Silva, during the afternoon of June 22, 2013, he excised

portions of data recovered from the hard drive that CC2 retrieved from CCl's

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 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.

1. 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 HAHN instructed Silva not to put the original hard drive into HPD

evidence; instead, Silva kept the hard drive in his desk. Silva inquired with HAHN

on three separate occasions as to what he should do with the original hard drive.

HAHN instructed Silva to hang onto it.

m. According to telephone toll records, HAHN had frequent phone

communication with CCl and CC6 on June 22 and 23, 2013. HAHN and CCl

contacted each other by text messaging approximately 30 times between 7:10 p.m.

and 8:01 p.m. on June 22,2013.HAHN and CCl exchanged approximately ten more

text messages between 2:49 a.m. and 2:56 a.m.on June 23,2013. Later that morning.

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HAHN and CC6 spoke twice on the phone for approximately six minutes and one

minute.

n. On approximately Monday, June 24, 2013, CC6 went to CIU, viewed

the surveillance footage, and identified the person "stealing" the mailbox as G.K.P.

Still, G.K.P. was not arrested.

0. On Monday,June 24,2013, CCl approached an HPD lieutenant in the

Criminal Investigations Division (CID) carrying a large box of "financial

documents." According to the lieutenant, CCl asked him to review the documents

to determine if he could make out a criminal case against CCl's "uncle" for "fraud

and elder abuse" against CCl's "grandmother." The lieutenant was not aware that

"the uncle" was a suspect in the mailbox investigation. CCl appeared "frazzled"

and "very nervous, very afraid. She was on edge." The lieutenant listened to CCl's

complaint and reviewed the material, but did not understand how CCl's allegations

amounted to elder abuse. The lieutenant did not accept the case for investigation.

p. According to a Major in CID, on or about June 24, 2013, a CIU

command officer specifically asked the Major to assign CID homicide detectives

Dm Akagi ("Akagi") and Greg McCormick ("McCormick") to the mailbox

investigation. According to the Major, he then informed a CID Lieutenant and

McCormick of the assignment and "told [McCormick] to contact [CIU command]

and see what they want you to do." According to statements made by McCormick

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and Akagi,the two detectives worked as a team and alternated lead on their assigned

cases. Akagi happened to be the next one up, so he became the assigned lead on the

mailbox case. As to whom they would report about the mailbox investigation, the

Major has stated:"From that point on that's going to be a CIU party, so he's going

to report to [the CIU commander]."

q. According to Akagi, soon after he received the case he met with

HAJHN, who was a lieutenant in CIU. HAHN informed Akagi that there was a

white Acura sedan by G.K.P.'s house that "matched" the vehicle in the surveillance

video. That vehicle belonged to G.K.P.'s neighbor, C.A.(G.K.P. did not actually

own a white sedan similar to the one depicted in the surveillance video). However,

a comparison of C.A.'s vehicle and the suspect vehicle from the video reveals

several differences; they do not match. Akagi and McCormick have since

acknowledged that fact.

r. According to telephone records, HAHN and CC6 contacted each other

twice by telephone on June 25,2013;they spoke for approximately one minute each

time.

s. According to witness interviews and HPD documents, from the

evening of June 22, 2013, through approximately 5:30 p.m. on Saturday, June 29,

G.P.K. was under constant visual surveillance by CIU personnel.

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t. On Thursday, June 27, 2013, CCl and CC6 pursued another charge

against G.K.P: they filed a police report claiming a burglary at their residence, and

identified G.K.P. as the suspect(even though he was under surveillance at the time).

As reported, CCl claimed she parked her "undamaged" vehicle inside their garage

on June 23, 2013 at 6:00 p.m. The next day, at about 1:50 p.m., CCl left the

residence and drove directly to HPD. In the HPD garage, CC6 then informed CCl

that her car's rear left tail light was damaged. CC6 said that when he arrived home,

he "inspect[ed]the area in the garage where[CC1]parks her vehicle for any physical

evidence," such as "shattered lens glass on the ground." CC6 "did not discover any

evidence." But then, two days later (June 26, 2013), CCl allegedly discovered

"pieces ofthe shattered lens from her vehicle near the refrigerator next to where she

parks her vehicle." And on Jxme 27, 2013, CC6 conducted a "closer inspection" of

the garage and "discovered the driver's side door to his [Chevy Nova] ajar and a

screwdriver that he does not remember owning on the floor board behind the driver's

seat." CCl and CC6 identified G.K.P. as the suspect. The author ofthe police report

was CCl. CCl has since admitted that "[ujsually in CIU we don't really write

reports," and "it's not a part of CIU to do it, to make reports." CC2 also revealed

that it was HAHN who directed him to write the report. CCl signed the burglary

report at 9:00 a.m. on June 28, 2013.

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u. According to telephone records, on June 27, 2013, between 11:59 a.m.

and 7:52 p.m., HAHN and CCl exchanged approximately two phone calls and 17

text messages.

V. According to telephone records, on Saturday, June 29,2013, CCl sent

HAHN approximately three text messages between 3:33 a.m. and 3:40 a.m. CCl's

husband,CC6,then called HAHN for approximately one minute at 9:17 a.m. HAHN

called CC6 back at 9:41 a.m. for approximately two minutes. CC6 called HAHN

again at 9:43 a.m., and they spoke for approximately five minutes.

w. On Saturday, June 29,2013,at approximately 5:00 p.m.,CC1 reviewed

the surveillance footage and identified the suspect in the video as G.K.P. CCl did

not provide any information about why she believed the person depicted in the video

was G.K.P. At approximately 5:10 p.m., G.K.P. was arrested. According to

telephone records, between 5:09 p.m. and 5:12 p.m., HAHN and CC6 exchanged

approximately three phone calls. The records further show that HAHN had

additional contact with CCl and CC6 by phone between 8:40 p.m. and 9:16 p.m.

(including one thirteen minute conversation with CCl).

X. According to Silva's admissions in his plea agreement,on July 1,2013,

HAHN "instructed [Silva] to place into HPD evidence only the excised portions of

the data recovered from the hard drive."

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y. That same day, on July 1, 2013, G.P.K. was charged with "willfully

t[earing] down a receptacle used for the receipt of mail on a mail route," in violation

of 18 U.S.C. 1705. He pled not guilty.

z. On or about July 5,2013,CC2 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, CC2's claim is contradicted by bank

records showing that at the time CC2 says he was meeting with Silva at CCl's

residence, Silva was conducting transactions at bank branches in different locations

in Honolulu.

aa. In December 2013,before Silva retired, he asked HAHN about the hard

drive containing the original video footage from CCl and CC6's residence;

according to Silva, HAHN responded, "we don't need it anymore." G.K.P.'s

criminal prosecution was ongoing at this time. The original hard drive was placed

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

bb. On May 20, 2014, G.K.P.'s criminal defense attorney secured a

subpoena duces tecum to CCl and CC6,commanding them to produce any "[v]ideo

surveillance footage for [C1 and C6's residence] from noon of June 20, 2013,

through the time that the mailbox at issue in this case was stolen." The subpoena

was actually served on a representative of CC6 at HPD on June 3, 2014. Based on

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video footage obtained by the FBI, however, unknown members of CIU recorded

over the hard drive that had been recovered from CCl and CC6's residence. Instead

ofimages ofthe front ofCCl and CC6's residence(where the mailbox was located),

the recording captured the ceiling in the CIU office for six straight days; various CIU

technicians were also briefly visible. Based on the date stamp from the CIU ceiling

recording, it appears the recording was made within days after G.K.P.'s defense

attomey secured the subpoena for the original hard drives from CCl and CC6's

residence in preparation for G.K.P.'s trial.

cc. 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.

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

Silva's statements since his cooperation began, Silva and CCl 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 CC2. The next day(June 19,2014), Silva again provided false information

to the USPIS Inspector about HPD's"investigation" ofan alleged mailbox theft from

CCl's residence. And the following day(June 20,2014), Silva again called CC2.

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ee. According to Silva and telephone toll records obtained by the FBI, on

or about December 1, 2014, CC2 and Silva discussed the false testimony the

conspirators expected to provide at the upcoming federal criminal trial of G.K.P. for

theft of the mailbox.

ff. On or about December 4, 2014, Silva falsely testified in the 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 of the

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 of the hard drive. Silva's testimony ended at

approximately 10:18 a.m. on December 4, 2014.

gg. CC6 was the next witness at G.K.P.'s trial. He testified that he

recognized the "thief in the surveillance video as G.K.P. When asked how he

recognized G.K.P., CC6 responded, in part, that "how [G.K.P.] looks in this video

is how he looked when he was charged and convicted for breaking into his

neighbor's house." Based on that remark,the trial judge granted G.K.P.'s motion for

a mistrial, and the case was later dismissed with prejudice.

hh. Based on cellular telephone records for CC2 and Silva obtained by the

FBI,and statements made by Silva, on or about December 4,2014(the day ofSilva's

and CC6's testimony against G.K.P. and subsequent mistrial), CC2 and Silva texted

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approximately seven(7)times between 10:30 a.m. and 11:17 a.m. Based on cellular

telephone records for HAHN,HAHN and Silva then spoke over the phone at least

two (2) times between 11:23 a.m. and 11:27 a.m., with a phone call that lasted

approximately 18 minutes at 11:27 a.m. Thereafter, Silva and CC2 texted and spoke

over the phone around 1:48 p.m., and HAHN and CC2 texted approximately nine

(9)times. Silva has stated that he and CC2 discussed the false evidence provided in

the federal criminal trial of G.K.P.

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

DEREK WAYNE HAHN and other co-conspirators did knowingly and willfully

combine, conspire, and agree together, with each other and with others in violation

of Title 18, United States Code, Section 371.

FURTHER AFFIANT SAYETH NAUGHT.

NICOLE VALLIERES, Special Agent


Federal Bureau of Investigation
U.S. Department of Justice
Subscribed and sworn to
before me this 13: day
of October, 2017.

RICHARD L. PUGLISI
United States Magistrate Judge
District of Hawaii

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