Honolulu, HI – The Hawaii Department of the Attorney General has announced its intent to administratively forfeit over $48,000 in U.S. currency seized in six separate incidents across the Big Island. In a public notice, the Attorney General’s office outlined the cases and informed individuals with potential interest in the seized funds of their rights and options.
The notice states that the forfeiture proceedings are initiated under Chapter 712A of the Hawaii Revised Statutes, known as the Hawaii Omnibus Criminal Forfeiture Act. It emphasizes that the appearance of names in the notice does not imply criminal suspicion, but simply signifies that the state believes these individuals may have a claim to the seized property.
The cases listed in the notice are:
- Haaheo Kauhola Chan & Alyssa Huihui: $1,900.00 seized on October 30, 2024, from 16-2144 Sandalwood Dr, Pahoa, HI. The alleged violations are HRS 708-821, 708-831, 712-1242 & 712-1243.
- Amaniki Martin Keola Kaeo Marrich: $1,280.00 seized on November 7 & 8, 2024, from 92 Kukuau St, Hilo, HI. The alleged violations are HRS 712-1241 & 712-1243.
- Camden Jerald Brink & Kawailehua Clara-Ann Andrade: $1,100.00 seized on November 15, 2024, from a residence on Diamond Head Dr, Pahoa, HI. The alleged violations are HRS 712-1241, 712-1244 & 712-1249.4.
- Lance Awong, Kenny Gushiken, Treyson Gushiken-Cardines, Wesley Kobayashi & Thorin Walker: $23,039.00 seized on December 5, 2024, from 1266 Kamehameha Ave A-3, Hilo, HI. The alleged violations are HRS 708 A-3, 712-1222, 712-1241, 712-1244 & 712-1247.
- Blake Silva: $3,223.00 seized on March 5, 2024, from 93 Lihiwai St, Hilo, HI. The alleged violations are HRS 712-1242, 712-1243 & 712-1246.5.
- Dustin D. Rieta: $17,800.00 seized on June 1, 2024, from Leleiwi Beach Park, Hilo, HI. The alleged violation is HRS 712-1243.
The specific sections of the Hawaii Revised Statutes listed relate to offenses including theft, forgery, and various drug-related crimes.
Individuals claiming an interest in the seized property have three options:
- Do Nothing: In which case the property will be administratively forfeited to the State of Hawaii.
- File a Petition for Remission or Mitigation: This admits the property may be subject to forfeiture but requests the Attorney General to pardon the forfeiture, citing extenuating circumstances. The Attorney General’s decision is final and not subject to appeal.
- Seek Judicial Determination: This involves filing a claim and cost bond (or an in pauperis bond) to challenge the forfeiture in court.
The deadline for filing a Petition for Remission or Mitigation, or a claim and cost or in pauperis bond, is within thirty days after the date of publication of the notice or actual receipt of the Petition for Administrative Forfeiture, whichever occurs first. While no extensions are granted for Petitions for Remission or Mitigation, one 30-day extension may be granted if requesting a claim.
Failure to file a petition or claim within the specified timeframe will result in the forfeiture of the property to the State of Hawaii. The Attorney General’s office emphasizes the importance of adhering to the outlined procedures and deadlines. Further details and instructions on how to file a petition or claim are provided in the official notice from the Department of the Attorney General.