letters of support for albert hee

8/20/2019 Letters of support for Albert Hee

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The Honorable Susan Oki Mollway

Chief Judge

United Stated District Court

300 Ala Moana Blvd. ·

Honolulu Hawaii 96850-0338

Dear Judge Moll way:

September 11 2015

My

name is Torkel Patterson. I am a legal resident ofHawaii but am currently

living in Tokyo where I am a director Central Japan Railway a publically

listed company in Tokyo. I am also on the Board

of

Governors ofPacific

Forum CSIS a Honolulu based foreign policy institute. I understand that my

U.S. Naval Academy roommate

AI

Hee is being sentenced for a tax crime.

And it is on this matter that I am writing to you to share my appreciation ofAI

Hee s character and his contribution to society and to seek consideration

of

leniency n his sentencing.

I first met AI on July 6

\ 1972 when we were both I believe 7 years old. He

has been my best friend every since that date. On that day we were sworn in to

support and defend the Constitution of the United States and began our life as

Naval Academy Midshipmen and I began my friendship with the man who

will be appearing before you for sentencing. I know that AI did not take this

swearing-in lightly. His father had served in the Army from Hawaii and was

surprised when his son decided to go the Naval Academy. AI wanted to serve

his country and make his father proud ofhim.

Having grown up in Southern California I was unprepared for what I saw from

that first day at the Academy: Prejudice. I saw it towards the African

Americans and I saw it towards the Asian Americans. I know that AI felt it and

that it bothered him but he made friends easily and was a natural leader; soon

it was apparent that

AI

was going to be there to stay and there would be no

bullying him out of the place. AI was very intelligent but fun loving and had a

passion for current events. When I asked him why he was watching TV every

EXHIDIT

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night while I and others were studying, he said it was because there was a

senator from Hawaii who was participating in an investigation

of

the President.

At

that time I had no idea who Senator Inouye was, but I knew that AI admired

him and saw his cool, yet strong, demeanor as a role model.

Although AI was not Mormon, he was taken in by a Mormon family with

Hawaiian roots that frequently hosted him on the weekends. One weekend

AI

recruited me, and others, to work

as

temps for a moving company

in

order to

move a library; we had no idea why, we just did it because AI asked. I found

out years later that the money we earned which we never expected) was

donated so that one

of

the children

of

his host family could go on her church

mission abroad.

AI

is quite generous

of

spirit and purse. I have always known him to be ready

to help friends in need; he would do anything possible to help a friend, and he

would do so with a big-brotherliness that was sincere and long remembered by

the many who have sought his counsel and support. My wife has frequently

confided in AI, as have my children; I have no idea what they talked about as

AI is good at keeping confidences, but I know that he has helped them.

AI

is a loving husband, father and grandfather. I have on numerous occasions

watched him care for his children when they were babies, and I have seen him

care for his grandchildren. At frequent times he is the principle care giver. His

support is not one of ust watching part time; AI has cared and cares for the

children as if he is a mother, not a father. It

is

amazing, really, to seem him

with the babies. There isn t a more dedicated or loving caregiver. It was the

same when he visited his mother in the hospital when she had multiple

amputations. AI was there all night, almost every night, to be with her in her

final months, weeks, days and hours.

AI has a special relationship with his father, whom he takes every weekend to

work with him at his office park.

Mr

Hee the father), lives with and is cared

for by

Al s

son, who has been taught compassion and responsibility by looking

after

Mr

Hee.

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When one of

Al s

friends was lost at sea while boating with his wife, AI took

care ofhis grown son and helped him through the tragedy. The son has

repeatedly told me how much AI s advice has helped him get sorted since the

incident.

AI has spoken to me frequently about the need to help Native Hawaiians. His

commitment to them is real; he employs them whenever possible and his

business models are based on providing better service at the cheapest possible

price to the Hawaiian community. While others talk, AI does. He has been a

frequent supporter ofHawaiian concerns, from King Kamehameha Schools to

businesses that employ Hawaiians. One example was the crew that did the

remodeling

of

his home in Kailua. Even though there were more efficient

crews available, AI would hang with them and every night come home early to

talk story, feed them poke and provide encouragement.

Sandwich Isles Communications has been one of he largest employers of

Native Hawaiians in the state providing state

of

the art telecommunications

services

to

Hawaiian Homelands. Before that AI tried to bring new technology

and capacity to end brownouts that were occurring on Hawaii. His business

model was based on utilizing Hawaiian Homelands and hiring Hawaiians. He

was told by lawyers

of

the incumbent utility that

if

he agreed to build only one

power plant then they would allow it. Ifnot they would tie him up with a legal

fight indefinitely. AI would not agree to this condition; but unfortunately was

unable to overcome their efforts to stop him.

The point

of

these examples

is

that I has been committed to improving the

livelihood

of

his community (Native Hawaiians) for most

of

his working life.

Everyone who knows I knows that this was his motivation for what he tried

to do. He always takes very good care

of

his employees and they are extremely

loyal and committed to their work.

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While recognizing and respecting that AI was convicted by a jury

of

his peers

of criminal tax evasion, I

ah

shocked to consider AI a felon and a criminal. AI

has always been loyal to the government and to the rules

of

the state. He sought

to play within the rules of society as he understood them to be enforced; when I

read the indictment against Al.in the paper I was taken aback. Having worked

in Washington DC for much of my life in and out of government, and knowing

AI as well as I do, I could not ever envision that he would act in an

intentionally criminal manner. As he

is

my best friend, I know him very well.

He is not, in his heart, a criminal.

I was with AI and his wife, children and baby grandchildren within an hour of

the jury reporting its conviction. I can tell you without exaggeration that they

too were shocked and devastated as individuals and as a family by the news.

However what impressed me most was the love I saw expressed to each other

by siblings, and by the parents to the children. And nothing interrupted the

sweet way in which AI cared for the grandchildren, holding them and feeding

them and comforting them amidst this moment of personal and family anguish.

AI thinks strategically and is quite practical. I m sure as he faces the real

possibility

of

incarceration, he is taking the necessary steps to care for his

family and to ensure that his employees can continue to execute his vision for

the State. Having said this however, I know that it will have a definite impact

on them as

he is the guiding light

of

both his family and his business. In so

many ways he is the soul

of

Sandwich Isles, as such his not being there

as

an

everyday presence will have a negative impact on the direction and execution

of

the company and the cohesiveness

of

his family, not to mention on the

affection and care he directly bestows, in the tenderest of ways, on his

grandchildren.

Al s

health has never been good. He has which prevented him

from continuing his career in the Navy and which has required him to now

everyday

of

his life.

Additionally he has had to slow down considerably since

though you wouldn t know it unless you know him well. I can only imagine

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Gordon

C

O'Neill

September 11, 2015

The Honorable

Susan

Oki Mollway

Chief Judge


300 Ala Moana Blvd.

Honolulu, Hawaii 96850-0338

Dear Judge Mollway;

My name

is

Gordon C O'Neill and I

am

writing on behalf of my friend Albert

Hee

I am a retired United

States Marine Corps Colonel. In 2006, after thirty years of active service I joined the Potomac Institute

for

Policy Studies in Arlington, Virginia. I am currently

the

Director

of

the inst itute's Center

for

Emerging

Threats

and

Opportunities which provides research and analytical support to the Futures Directorate of

the Marine Corps Combat Development Command in Quantico, Virginia. I am aware that Albert will

soon appear before you to

be

sentenced for a tax crime of which

he

was convicted in your court. I have

known Albert since July of 1972 when we entered the United States Naval Academy.

We

were squad

mates during

the

challenging period

of

military indoctrination commonly referred

to as

Plebe

Summer''. Over the following

four

years at the Academy, Albert and I formed a close and lasting

friendship that

has

continued for forty three years.

As

a Midshipman,

lbert

was

thoughtful, energetic

and trustworthy

beyond a doubt. During periods

of

shared adversity, especially during

our

first year, his quick

wit

and affable personality helped many

of

his

classmates cope with the pressures of strict mil itary discipline and a rigorous academic environment.

Always quick

to

grasp

the

essence of newly introduced concepts

in

the classroom, Albert was also very

generous with his time and willing to assist those who were having difficulties, whether it was with

Calculus, Chemistry,

or just

a tough day in general.

He

helped me personally on at least one occasion

when I was questioning why I was at the Academy

and whether or not

I wanted

to

stay.

His

thoughtful

insight and friendship helped me

to see

the larger picture and stay the course

to

graduation.

After graduation from

the

Academy, Alber t served his nation honorably

as

a Navy Supply Officer.

In

this

capacity

he

was

entrusted

with the

leadership, professional development,

and

well-being

of

many

enlisted sailors under his charge.

He

was also accountable for high value supply accounts that required

expert management by an officer of great initiative and the utmost integrity. fter fulfi lling his active

duty

obligation

to

the Navy,

lbert

returned

to

his beloved Hawaii

to

strike

out

on his own.

While traveling to and from various overseas assignments or while embarked upon Navy amphibious

ships, I had the

opportunity to

visit Albert and his wife, Wendy on numerous occasions of over

the

years.

Just

as he

was during our time at the Academy, Albert

has

always been very generous with his time and

hospitality.

On

occasions when I only had a brief

or

unplanned layover, I would call

AI

and

he

would

drop whatever

he

was doing

to

pick

me

up and welcome me

to

Oahu. When I visited

with

my family

and

during my one assignment at

the

Pacific Command Headquarters, the Hee's always welcomed

us

in

their

home with much Aloha. When my oldest son needed a summer job, Albe.rt employed him on the

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Waimana proper ty in Mililani. This gave him

the

opportunity

to

earn some college money and learn

about honest and tough manual labor.

As Albert built his business and entered into various enterprises,

he

had a vision

to

bring reliable

telecommunicat ions services

to

the Hawaiian Homelands.

He

has followed this vision and

it

has been

his passion for over twenty years. What strikes me most about Alber t

is

not only his energy and

ingenuity in accomplishing his goals but his total commitment

to

the success and well-being of his

employees and colleagues. I have visited him at the office and in the field and have observed the high

regard in which

he

is held by all of his associates.

It

is a level of esteem that is usually reserved for

leaders of the utmost effectiveness, compassion, and honesty.

I was surprised and saddened to

Jearn

of the investigation into Albert s tax filings and his subsequent

indic tment and conviction on charges that

I believe are completely out

of

character

for

my friend

of

over

forty years.

In

my observation and opinion, Albert Hee is not a man

who

would knowingly or willingly

violate the law. I know that this whole process

has

been

an

ordeal that has taken a heavy toll on

his

entire family and may have lasting effects well into the future. Moreover, those that rely upon

AI

for

their employment are facedwith a great deal of uncertainty about their own future security. Please

· consider

that

during this very trying period in his life Albert has continued

to

ensure the integrity·of

telecommunicat ions services

to

Hawaiian Homelands and

has

continued

to

look

after the

interests of his

employees at Waimana Enterprises.

I ask that you consider leniency in sentencing Albert Hee He is a man who has honorably served his

nation

in

uniform and continued

to

do

so

throughout his professional and private life.

Not

only would

incarceration adversely affect his family and employees but

it

would deny him

the opportunity to

continue serving his community, particularly

the

Hawaiian Homelands.

Please

consider financial

restitution, probation and community service in the best interest of ustice. I humbly thank the court for

considering my statement while deliberating on Albert s fate.

Respectfully,

ffi cd/J

Gordon C O Neill

Colonel,

USMC

(Ret.)

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Chief Judge

United States District Court

300

Ala Moana Blvd.

Honolulu, Hawai'i

96850 0338

Aloha Judge Mollway

September 11 2015

My name

is

Heather Giugni.

Albert and Wendy Hee have been lifelong friends and I am writing

to

you in that

capacity. We all attended Kamehameha Schools together and ended up in higher

institutions on the

East Coast.

I

don t

recall when I first introduced Albert the plebe to

my parents

but

I

can

tell you they loved him. My mother - who was fond of putting

anyone

to

work who appeared at the

front door-

noticed that this young man did not

bolt when

asked

to

clean the gutters of the house. In fact he frequently visited them

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while attending the Naval Academy

in

Annapolis, helping them in any way possible.

He

was

generous

and

responsive and

as

they grew old

and

fragile,

his

caring

for

them only

increased. At the

same

time he

also

grew

close to

my youngest sister who

has

polio

so

you

see

I

am

very grateful

for

his friendship

and his

genuine care

of

my family

and

people in general. This

is

a loving Albert that I know - supportive of family, friends

and

community.

I barely know Albert the Businessman. I

am

obviously aware that he

has been

a

successful entrepreneur who, against all odds, succeeded in building an institution from

an idea certainly no

easy

task

in our

State.

nd

I

also

know of the

area of

interest

he

has pursued but unti l recently I knew nothing of his business practices.

While I am choosing not to share my opinion regarding those practices including tax

crime which I learned about in the news, I want

to

take this opportunity

to ask you to

ple se take his family into account when you consider his sentencing and choose

leniency

Thank you sincerely

for

considering my request.

Humbly and in gratitude,

Heather Haunani Giugni

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September 15, 2 015


Chief Judge


300

Ala

Moana Boulevard

Honoltllu, HJ 96850

Dear Judge Mollway,

My name is

Gina P Giugni and I have known Albert Hee for

about

40 years. Albert was a

classmate of my sister Heather

at

Kamehameha Schools, but he really

entered

my

life

when

he

was a plebe

at

the United States Naval Academy.

Over the next 4 years .Albert

spent

many weekends at our house, playing chess with

my

father,

helping

my mother

with her endless list of chores, plumbing wiring, etc.

He

was a hard worker

that

never

shied away from work.

He

became. the son

my

parents never

had.

When we moved

he corralled 3 of his academy friends (with and moved our household 50 miles away. I

had him install a cassette player into my car and I remember complaining because he was

takingall day, but he was a perfectionist and when he came up from under the dashboard he

said "Gina, a job isn't worth doing u.nless it is clone right".

Albert gradu;t ted, start.ed on his career, visited with

my

parents when he c;tme to town and my

father

met

him when

he

was in Hawaii. Their relationship never stopped. About

12

years ago

when

my

f11ther's

health became

an issue Albert called me. I

hadn t

spoken with him for about

20 years and he said "It's your long lost brother Albert".

He

reached out to me because he was

concerned with

my

father's health and had some suggestions

of

what I might wa nt to do.

During the years

of

declining health

he

looked afte_r rny father, when

my dad

was in Hawaii,

Albert's. office was my father's have n

to

take a nap; play a game of chess, and he would even

rub mydcrd's feet. He would try

to

protect

my

father from the sharKs that were circling, the

ones who could smell

the

blood

in

the

water, wanting

to

take

mY

father's position,

the

man

who had the Senators ear, the man who was the Senators .closest confidant, the only man the

Senator could really just be Dan with.

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:;

F

;

When my·dad passed away, he came up for

my

dad's memorial. He. helped

us.

with

the

funeral

in Hawaii, in particular he arranged for a military salute because we were not able to get

that

done. He was there for

my

sisters and

my

mother and he spoke at

his

burial.

Twelve months later we were in the same situation with my mother, he rushed to her bedside,

but missed her by hours And once again, he spoke

at

her funeral.

·

remained friends, whenever I get horne we get together for a meal and when.he's on the

east coast I go and

meet

him.

He

has always made himselfavailable to me, always just a phone

call away.

On

Dec.ember 18, 2014 I called Albert; I was having trouble getting leis shipped

to

the

east

coast

for my daughter 's wedding on December 20

1

h. ·He said, I'll try myb.est . Boxes of beautiful

leis arrived themorning of the wedding. It wasn't until months.later that I discovered he had

been indicted the day before

my

call.

He

never said a word, never let on what he W< S going

through,. h

wanted

us to have a memorable day.

My parents loved Albert like a son and I know he loved them; he even made them godparents

to his oldest daughter (Ho'o). While I'm sure they'd be disappointed to

see him in

this

situation,they wouldn't abandon him, they would be right there with him, because

if

there is

one

thing my father believed in, it was loyalty. ·

While I

don t

know anything about Albert's business dealings, I know him. to be a fiercely

loyal,

supportive, devoted man, who loves his family. I'm

not

sure

if

my letter

will

affect you

in

any

way, but just know the Albert Hee I know, is a good man with a generous heart. Please show

some leriiehty when considering his sentence.

Respectfully,

Gina Pilialoha Giugni

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Sept 9, 2015

The

Honorable Susan Oki Mollway

Chief Judge


300

Ala

Moana Blvd.

Honolulu, HI 96850·0338

Aloha Moilway,

I have been a dose friend of Albert

He e

since we both started kindergarten in 1959

at

Kamehameha

Schools. It is with a heavy heart to witness all these years culminating in this life changing event with

Albert's conviction of tax fraud. Knowing Albert in his childhood years, I knew that he would have a

strong character built up

by

a strict mother and supporting father, Getting the chores done was always

top on the list before having any fun. His rather taught him thevah.le in cloih)l a good job and his

mother taught him the i;liscipfine to stay focused to sure the jab gets done. I am still amazed to

this day by Alpert 's ingenuity and abHity

to

ident ify a need and

to

build a solution

that

works.

It

was hard to forget the time in grade school when he constructed a canoe uslng fi ber glass sheathing

over x wood frames. He actually convinced me and another classmate to take the canoe out on

Kaneohe Bay ahd go fishing. No fish, but we survived. In high school, Albert became one ofthe highest

ranking officers in

our

class in Kamehameha's

ROTC

program and excelfed in wrestling and water polo.

Albert's achievements

at

Kamehameha continued when he was accepted

into the

United States Naval

Academy. During this

time

I attended

the

University of Hawaii's School of Engineering while Albert got

his Navy commission It the Academy. I understand from his stories about the Academy that other

cadets treated

him with

great respect believing he was a

crazy

Hawaiian from Hawaii. I think

it

had

something to do

with

his

boxi11g

and wrestling pursuits and his dedication to doing well . Alber t also

talked apout

the

dose relationship he developed

at

the time with BenryGiugni, aide

to

Senator Inouye.

Albert likened Mr. Giugnl

to

his father away from home. The relationship helped Albert keep his

connection

with

Hawaii and

to

value friends

from

Hawaii.

It

also helped him deal

with

the separation

from his family in Hawaii. think in his mind he knew

that

he could never live away

from

home.

Due

to

health reasons Alb,ert was unable to complete his service obligation to

the

Navy.

He

ended up

marryin l his high and tg ro

aise

his family. Some

people said

that Wendy was

the

brains and

AII:Jert the

brawn. Wendy had re¢eived her master's

;legree

in

planning from Harvard University

so

there

is

much

truth to the

statement.

She

was actually

the

anchor

for

the family whlch aUowed Albert to pursue IJis goal of starting his

awn

cpmpany. At this time 1

was also pursuing my career working as a civilengineer for a large company in San Francisco. Wf both

started are families

about

the

same time,

me with

one son and Albert

with

one

son

and

two

daughters.

Every summermy wife and I would always spend

our

vac


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I worked for fourteen years

in

San

Francisco from 1978 to 1992. n 1992 lniki lit Kauai and Albert was

able

to kick off

his

cogeneration power plant project that

was

going to

be

located in Kawaihae

on the

Big

Island.

At the time

the Federal

Government was promoting privately funded power generation projects

that also use its waste

energy

to produce a marketable by-product. The federal Act required a public

utility to

purchase

power from

a

co-generator before

using

its own generated power.

The

project would

have

added hundreds of thousands

o

dollars a year in revenue for

Hawaiian Home

Land, thousandsof

gallons per day of potable water th;tt Hawaiian

Home

needed to develop Kawaihae and 60

megawatts ofelectric power for the Sig Island. It

was

awin/win sltvat on for everyone except Hawaiian

Electric. It also enabled Albert to offer me a job

and

bring

me

back home to HawaH. one of Albert's

goals was to create jobs that would

keep

kids

in

Hawaii

or

biihgthem back

home

from

the

mainland.

Albert had the ingenuity and

business

awareness

to

secure private financing from Diamond Energy,

Inc.,

a subsidiary

of

Mitsubishi Corporation, to fund the project valued t over eighty

miHion

dollars. And it

could

not

happen

without the full support

of

the current

Hawaiian Home

land

Chairperson,

Mrs.

Hoaliku

Dr)lke.

Hawaiian

Horne

land

saw

the opportunity that Albert offered

and full

supported

him.

We literally battled forfive years

against

Electric's delaying tactics who

had

the subtie support

of

the

Public

Utility Commission. Albert

was

going

up against some

of

the

most powerful

business

individuals

in

Hawaii who

cre ted

a

:1arrierthat

was

too

high

to

cli\itb.

It

is

my opinion that these

actions from the past are tied into Albert's current

demise.

li1 fact

these

actions were not just against

Albert,

but

were actions

against

Hawaii Home land

th t

impacted HHL's ability to build more

homesteads for native

Hawaiians.

It

was also

during this time period that.Aibert experienced at

least

two incidences

of

Both

incidences

ended up in the

emergency

room at

Castle

Hospital.

The

second occurrence almost ended in Albert's car at the entrance

to

the

emergency room. Luckily hospital personnel were alert and able to carry him into the hospital to

ad minister treatment.

At the end of the KawaH1ae Co-generation project there were f ve persons working forWairnana

Enterprises,

Inc.,

Retired Admiral

Robert. Kihune, Sandie

Wong,

Robin Kamakahi,

Albert

and I.

twas

Albert's foresight and vision that kept his focus on identifying any utility based opportunities that could

benefit HHL, Before the end of tne power plant project Albert became aware of a federal program

whose mission was

to build electricity

and

telephone 'infrastructure to the underserved rural

ar:eas

of

America. This

program provided low interest

loans

to

assist

with the construction

and

operation of rural

telephone companies

called

Local Exchange carriers (RLECs}. At the time there were over a

tltOU >10d RLECs throMghoutthe

forty

nine

.states.

Also tied into this prosram

is

the

Universal Service

• p[qgtam

.to

s,uppof the

high cost

to cortstruct rural fnfrastructwe.

There

were

so m;my pieces

to th.e:

puzzle.

of to

standing up a new Rural Local Exchange Carrier and

it

could not hove

happened

without Albert's vision

and guidance. We received

strong support from Hawaifs

Congressional

delegation with letters to

the

FCC urging approval of our appliqtion for Universal

Service

Funds. It

was

more than three

years

:from

inception before sandwich

Isles

Communications,

Inc.

(SIC)

was

established

and

funded

by the Rural

Electrification Agency laterk"nowo as the

Rural

Utility

Service

{RU ;;).

One

ofthe

key

pieces

of the puzzle

was

the

exclusive

li ;ense issuedto

SIC by DHHL

to provide telecommunications

services

to all

lands

adrninisterecl

by DHHL

We

could not

have

qualified

as

a

Ri.EC

without the

lieense

from DHt L With this

license and

DHHL's to

.l)uild )ol'nestead

projects, SIC

was able

to

secure

loan agreements from RUS

for

$40

million to build lntrastrud:ure

on

the outer is1;mds,

$27

l'n l loh for infrastructure

on Oahu and

$338

million to build fiber optic network connecting all DHHl property, With this funding and

Universa'l Service support we were able to save

DHHL

millions ofdollars

in

infrastructure cost

in

the

construction

of

their subdivision projects. SIC continues to pay for the tost of telecommunications

infrastructure for DHHL projects

even

though funding from RU S

has

stopped

and

support from

Universal

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14/200

Service Fund reduced

to

a fraction of its original amount.

The

reduction ofth Universal

Service

Support

was

implemented by the Federal Communications Commission without

out

any

recourse for companies

like

SIC

who had incurred large debts in the construction

of

ts telecom infrastructure. We have made

major changes in the way we do

business. We have

reduced

our

cost

of

construction and operations

and

in

the process

of

renegotiating our debt service. Although Albert

is

not involved in the day

to

day

business

of

SIC

he.

was the foundation

of

the company. The reduction in Universal

Service

support has

created huge cracks in

SIC's

foundation and in my opinion Albert's foresight and ingenuity is needed to

keep the foundation from fciling. Today SIC has almost seventY employ(les and we maintain almost

four thousand HHL customers.

hope the message am trying to convey is clear that

SIC

would not be wh


15/200

September 28, 2015

The

Honorable

Susan

Oki

Mollway

Chief Judge

United Smtes Distr ict Court

300 Ala

Moan:t Blvd.


Aloha Judge Moll""'Y'

Maha o for the opportnnity to provide this statement to the Court for consideration

in

the

sentencing

of

Albert Hee My name .is Lani Ma'a Lapilio, and I AI Hee 's fust cousin.

\l

and I wetate

the

planmng

.and

pertnitring

process

and

er1gage

in

commnnity

ourrea.ch with the hotueste-4ders,

native

Hawaiian organizations and smte and federal

agencies. AI provided .me the opportLlnity ro start rny own culmral consulting business and

SIC became y

fust

client.

Community

outreach

for SIC took us deep into Hawaiian communities. TI1e SIC

network was a

v ry

difficult project to explain because there were m.any entities and

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16/200

technicalities invohred such as the Public Utilitit'S Coll111liilsion regulations and the DHHL

license whiclllitni ted

the

serving to new homeste::tretuely

bpsy pep;on, I could always count on hitn to make time to attend these meetings

and

directly

address any questions

or concems that

were raised. Everyone appredar.cd

chat

Al took

the

time

to

personally

meet

with

them

and

they knew they were

v ry

fortnnare

to

have

broadband access including ihe full scxvices of the internet fut educational, bu$iness and

recreational pursuits at affordable rates.

For

many homesteaders

it

rnadr a difference

in

being able to stay in H.awaii or having to leave tile islands in order to fi11d wotk

In

2005, nne patticular very rural homestead community on Maui, refused to allow SIC

to

bring

in the

undersea cable because. they were nor ready tn emhtace the fiher optic

broadband technology. Jn a meeting last \veek J .rnn into the leaders

of

this community and

they expressed theit u·emendous regret at not accepting the opportunity at the tim.e as they

now

understand the ituportance of broadband for their children and grandchildren's future

and

they feel they will be left behind in the digital world.

Last

week I v'isited Kahikim:ii which

is

the

most

rural Hawaiian

homestead

in

the

state

accesb-ible

11ly

by 4 wheel drive vehicles where people live totally off the grid. 1'here is

no

electricity

or

running water for

the

dozen

or

so famili.es

th .tt

live in this community however

they have telephones and internet, thanks to SIC.

From

their it takes an hon:t to

get

down to the main highway and then an

hout

drive to the nearest to\vn. To get to school each

morning

the children

must get up at

4:00a.m to begin the

long t:tt>.k

to

school and then

travel

the same

amooot

of rime and distance back

home

in the evening. We spoke wich a young

girl in the second grade who depends on the SIC's internet in ntder

to

do ller homework.

Without this in1portant connection she would not have access to the outside world due to

her

isolated living condi tions.

The

:fittoilies

that

live

in

Kahikinul ate so gratefUl

to

have

inte.rnet service as well as phone service especially in emergency which

oofottunately happens a lot due to bad weatlle.r, the bad toads

or

in the case or medical

emergencies.

lvl ny

of them use

the

intemet

to

conduct their businesses which is integral to

li.ving

theit

lifestyle

of

choice.

Al's vision for the SIC netwo.rk

is

anlazing by any standard and

tn

his etedit be

had

the drive

and initiati,,e to put together an intlovntive business model to better the lives of Hawaiians.

W'hen the lives

of

Hawaiians are improved, t he liv es

of

everyone

in

the

a tger

community is

improved as welL Tclecnll:llnunieations is such a highly regulated environment yet.Al has

.managed t create, build and sustain a company that truly stands

fm

advancement and will

serve homesteaders for generations to come.

When we were

growing

up, our ohana struggled to make euds meet. A was fortunate

to

have .received an award m attend U.S. Naval Academy however fo.t my parents, there was no

way that I could attend a mainland college as we could

not

affotd

it.

Detennined to have the

experience

of

at

least

one

year

of

college

on

the

mainland, I was fortunate

to

he

ac.;epted

to

a college exchange program at

the

University

of

Oregon.

At

that time, ,Albert

and

Wendy

were living on the east coast and because AJ knew that I may

not

ever have the opportunity

again, he invited me to join them for

the

wlntct break instead ofgoing back home to Hawaii

fot

Christmas. We

had

a

wondetfultime

visiting many cities and historic places in New

York, New J tsey, Connecticut artd Massachusetts.

One

unfortunate occurtence happened

when

someone broke

inm our van

and

stole all

of

our personal belongings. My Hawaiian

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17/200

bracelet

that I

received as a graduation

gift,

wa$ stolen

and

in Al's

typical

generous

style

he

gave me the


18/200

}Vice Admiral Robert

Kalani Ulchi

Kihune, USN {Retired)

September

15, 2015

Dear Judge Mollway,

lam Vice Admiral Robert Kihune,

USN

(Retired). I was hired by AI Hee, the President and

CEO of

Waiinana Enterprises, ln 996 o originally negotiate a

power

purchase agreement {PPA) with Hawaiian

Electric Company (HECO) for an electric power plant that he had planned to build on Hawaiian

Homelands on the Big island. A year later, this project was terminated because HECO would not agree

to

a

PPA.

l was

then

asked.by

Alto

be the

CEO

of

Sandwich Isles Communications {SIC), a new start-up

subsidiary ofWaimana Enterprises, a position which assumed

in

1997. SIC

is

licensed to provide

telecommunications services to the native Hawaiian beneficiaries of the Department of Hawaiian Home

lands {Oflfll}. l accepted that position because its mission resonated strongly with my desire

to

actively

contribute to Improve

the

quality

of

life, public health and safety, educat ion and economic growth for

native Hawaiians by providing tomorrow's broadband technologies today

(SIC's

mission statement).

Being ofhalfHawaiian and halfJapanese ancestry, l personally experienced undue discrimination, both

as a Hawaiian and as a Japanese, while growing up during WWIJ which sensitized me in my early life

towards a career

in

service leadership that could bring about needed changes that would provide

minorities with the same opportunities as other Americans. After graduated from

the

Naval Academy

and seeing the discriminatory policies still being practiced in the

Navy

when entered the active fleet in

1959, decided

to

remain

in the

Navy and focus a major part of my goal in

the Navy

to change this

discriminatory atmosphere, against women and racial minorities. am proud

to

say

that the

Navy

has

made

great strides in achieving this goal in my 35 years

of

service. The achievements

of the

442nd,

during and after

WWII, went

a long way to achieve this needed change for the Japanese Americans and

they became my role model. -aut native Bawaiians are still struggling. like my past role

as

a Trustee of

the

Kamehameha Schools, I felt compelled

to

take on this role at SIC because I foresaw it

as

a

cataly$1:

for generational changes for native Hawaiians.

I retired from SIC in 2013 to become a

full

time babysitter for my grand-daughter while my daughter

attended nursing school in Northern California. Having known and worked for I Hee for nearly 20

years, I humbly request

the

Court's consideration for leniency in his sentencing for the reasons

that

follow.

Prior

to

1995, many

of

the existing beneficiaries of the Department

of

Hawaiian Home lands

(DHHL)

in

remote rura·l areas were without telephone services because

the

then service carrier,

GTE Hawaiian

Tel;

required

these

beneficiaries

to

personally pay for

the

construction of telephone lines

to

their properties.

Many ofthe other beneficiaries were served with party lines {multiple telephones

on

the same phone

line). Additionally,

DHHL

had to pay for the cost

and

expense of constructing telephone lines

by GTE

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19/200

Hawaiian Tel in new residential subdivisions, thus limiting

DHHL's

goal

of

building new residential

subdivisions.

When

the Chairman ofthe IiHHL asked

Al

Hee ifthere was a way to improve the

telecommunications services on Hawaiian Home Lands without passing the significant additional costs

to the beneficiaries to rebuild their

then

out-dated telecommunications infrastructure, AI

spent

a

significant amount oftime effort and.his own resources to research and meet with federal officials of

the Department

of

Agriculture Rural Utilities Service {RUS) and the Nation;;. Exchange Carriers

Association

(NECA)

to start the process of having SIC designated a Rural Local Exchange Carrier

(RLEC)

to

qualify to receive subsidies from the Universal Service Fund {USF)

to

repay the construction loans

that

would be used to build the new telecommunications infrastructure on HHL After AI was issued an

exclusive license by DHHL

to

build and operate a broadband telecommunications network on

HHL,

it

took him nearly three years ofdue diligence by the DHHL, PUC, RUS, and the FCC

to

have

SIC

designated

an RLEC,

receive

RUS

construction loans, and receive USF funding. AI was driven by a strong

commitment to fulfill the mission of SIC

as

indicated earlier and despite difficulties associated with this

long and drawn-out process,

he

never gave up because

he

was determined to do all

he

could

to

help

reverse the trend of Native Hawaiians, who are currently over represented in nearly every negative

measure

of

well- being, including high unemployment rates, health problems, excessive school drop-out

rates, drug and alcohol abuse, spouse and child abuse, and high incarceration rates. He envisioned that

a state-of-the-art telecommunications system throughout the DHHL would be a critical tool to reduce

these statistics through the introduction new technology, such as distant learning, high capacity data

and video capability and telemedicine. Today, 100% of SIC's network is completed on Molokai and

Kauai,

40%

on Maul, 20% on Big Island and 10% on Oahu. An undersea cable linking these ftve islands

Is

100% complete- and today, SIC is serving approximately 3500 customers, many in neighbor island rural

communities, with capabnities they neverhad before and

at

costs comparable to telecommunications

services in the Honolulu urban area. But as you can see

the

work is not over and will continue to need·

Al's assistance, particularly on Oahu,

if

the company is to complete its mission.

Al's contributions

to

the community.

a. The 168 million construction loans he has obtained from the RUS, along with 23 million of

SIC's own funds, to build

the

high capacity telecommunications network on and between the

non-contiguous HHl properties throughout the

state

created numerous jobs for construction

and engineering companies. The 125 million private investment funds

he

secured

to

build the

undersea cable between the five major islands on which HHL properties are located, further

contributed to jobs.

b. DHHL beneficiaries have a state-of-the-art telecommunications/broadband network free of the

cost of construction, providing them with significant economic and public health/safety

opportunities.

c.

By eliminating

the

cost of telecommunications infrastructure in its new subdivisions,

the

savings

allow more DHHL subdivisions to be built.

d. When the Oceanic interisland cable off the coast ofKihei, Maul was unexpectedly severed in

2010,

AI

was asked and allowed the cable company to use SIC's undersea cable for a fee for 52

days to provide emergency restoration services for 400,000 Oceanic customers until Oceanic's

undersea cable was repaired.

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e. The DHHL community of 200 ranch lots in Puukapu on the Big Island had no land-line telephone

and internet service. GTE·Hawaiian Tel

had

to.ld the ranchers that it would cost

about

$30,®o·

per rancher to install poles and string telephone lines to

their

properties. I Hee responded to

the ranchers and today

the

ranchers enjoy not only telephone services but high speed.internet

services as well.

f. The remote DHHL community

of

Kahikinui, located on the south side of Haleakala on Maul, is a

community of pioneering families occupying 5-acre hillside lots and committed to restoring

the

life, beauty and productivity ofwhat was once a thriving community of2 ,000 native Hawaiians

before post contact abuses decimated both the population and the productivity of the land.

With no commercial electrical power, no cell phone service available, and only rough roads

resembling foot trails that took

3

minutes to traverse down from their homes to the main

highway, the community requested help from I to install a telephone service that would not

only provide emergency calls

but

also to improve thei r quality

of

life.

I

responded by installing

telephone and high speed

internet

service through an innovative network ofunderground

distribution to each lot with solar powered microwave shots back

to

SIC s major network.

g.

I

has generously contributed

to

Native Hawaiian schools

and

organizations through

the

many

fimdraisers scheduled every year.

He

has also requested and

aTiowed

his employees

to

volunteer

to

assist a Native Hawaiian Charter School in He'eia clean the new school sight during

working hours.

There

is

no question

that

I Hee

Is

a

true entrepreneur

and a determined business person who

is

committed to succeed

in

business.

s

such, he has experienced disagreements wlthhls competitors,

such as HEI and Hawaiian TelCom, as well as with

the FCC.

He has been perceived

to

be a difficult

person

to

deal with in business, but his personal qualities reveal a very caring and generous individual

who

will

give you his shirt right off his back.

a.

Whenever any employee has medical

or other

serious problems,

I

would

get

personally

involved

to

ensure

that the

individual was provided assistance to the maximum extent legally

allowed. These are just two examples.

{1) He

personally assisted a worker that had become addicted to ICE by finding a program to

help him remove his addiction. The worker was successful

in

curing his addiction for leE-

and

AI

found a place for him to live to

get

away from his friends who were on drugs.

{2) Another worker had serious medical problems but could not afford

to

be unemployed. I

dii'ected the Ulrector ofHR that after allof

her

siCk leave and lawful benefits that allowed

her

to

remain a full time employee had expired, he

set

up a program that allowed her to be

a part time worker who can be hired

to

do essential work until she could recover fully to be

a full time worker again.

Her

recovery was slow

but

Al's compassion allowed her

to

maintain an adequate quality of life.

b. While the pay of his employees

are

comparable to

other

companies

of

similar size, he has

provided

all

of his workers with

one

the most generous benefit packages.

c. For most

of

the years I for AI, he kept his salary at a low level as the company suffered

the groin pains of a start-up company.

s

the owner and President, he was legally entitled to a

larger salary

but

never took it until recent years.

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d.

I

owns a home in Enchanted l kes th t would be considered a moderately priced home by

Hawaii standards, in which he remains comfortable. He does not like to travel

or

ttend large

events, unless

there is

a business necessity or contributes to

the

Native Hawaiian organizations.

I mention this because, from wh t I observed, he does

not

have a lavish life style.

Because of his past contributions and strong commitment to assist our native Hawaiian people, I humbly

ask your consideration for leniency.

Thank you for taking time to re d my request and for your consideration.

Very respectfully,

Vice Admiral,

US Navy

Retired}

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Chief Judge


300 Ala Moana Blvd.


Dear Judge Mollway:

September 20, 2015

My name is Harold Call Johnston, Jr. I have known Albert Hee since late 1997, when he and his

then CEO, Vice Admiral Robert Kihune USN Ret.), began a recruitment effort to have me join

Sandwich Isles Communications SIC). I joined SIC as its general manager in March 1998, and

except for a four-year period from 2001-2005 when I left

to

address personal matters, have worked

as an executive at SIC. I am currently the Director

of

Planning and Strategy. During my time with

SIC, I have strived to support

Al s

consistent vision and direction to improve the life of fellow

Native Hawaiians

by

providing them with the highest quality broadband services at very affordable

rates - services that many in the Hawaiian community would not have access to, were it not for

Al s

commitment.

I know that AI is about to

be

sentenced under a federal

tax

conviction. Having had the opportunity

to work closely with Al for some

3

years, and gotten to know and observe his leadership style

and his consistency in both personal and business values, I have grown to have tremendous trust

in, and respect for this man. I can only comment with great personal sadness that whatever events

or mistakes he made that led to this conviction would

be

so out

of

character for the AI Hee that I

know. It is with this sentiment, that I respectfully submit this letter to you in support

of

AI, whom

I continue to respect and trust completely.

I am part Hawaiian and live on Hawaiian Home Lands HHL) in Papakolea, having enough blood

quantum to qualify as a successor to my mother, who was originally awarded the lot in 1947. I

live in Papakolea with Lana, my wife

of

52 years and also a Native Hawaiian. Our 3 grown sons

live elsewhere with families of their own, but ours is a typical Hawaiian home, with both short and

long term lodging

by

cousins, siblings, nieces, and nephews who needed shelter and family

support. That situation is fairly common on HHL.

I graduated from Karneharneha Schools and was appointed to the U.S. Naval Academy in 1959,

by our then Territory

of

Hawaii Delegate to Congress, John Burns. Academy life was tough and

geared to instill in you the ability to perform well under stress, never give up and, above all, to

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lead by example and with honor. At the Naval Academy, we were instilled with and operated

under an Honor Concept . The Honor Concept placed the decision as to what was right and

wrong upon the individual- it basically said that you as an individual know if something

you

have

done or are about to is unethical or dishonorable, and you alone are responsible for your actions.

West Point has its Code of Honor ), which is similar but with more specifics as to what constitutes

an honor violation. These systems are more than lip service - they are part

of

our service

academy culture that an officer has to be trusted. During one period, SIC had service academy

grads, including, AI, as the company's senior managers. AI told me once that the reason he hired

all of us service academy guys was that he could focus on the business strategy because he knew

that he could trust us to collectively run the company. That trust continues to be mutual.

Upon graduation from the Naval Academy, I was commissioned as a Second Lieutenant in the

U.S. Marine Corps. I spent years in the Corps. n April1965, President Lyndon Johnson ordered

the Third Marine Division, primarily

my

battalion already afloat in the Caribbean on the USS

Boxer, a helicopter carrier, to intervene in the Dominican Republic civil war that broke out on

April 24. Violent clashes were taking place in the streets

of

the capitol, Santa Domingo,

threatening the lives

of

American and European civilians. We began evacuating American citizens

to our ship, and when our embassy came under attack on April

28,

my company was the first to go

in. Other elements of our Third Division and the Army's 82 d Airborne Division joined my

battalion a few days later to protect foreign and local civilians, and to establish a line between the

warring factions to restore order. Government rule was restored by September. While 44 Marines

and Soldiers were killed during that short conflict, I reflect now in the 50th anniversary year

of

that conflict with a strong conviction that our intervention was absolutely necessary, and I feel

good that we were able to help people - Americans, foreigners, and the local population

--

when

they were in great need and there was no one else to help. Although the missions

of

this first

Marine combat experience 50 years ago and that

of

my experience in SIC are,

of

course, much

different, there is a lot of similarity in the feelings of pride, duty, and commitment in helping

people where nobody else was going to step up.

That sense

of

helping people was not with me during my last tour in the Corps, when I served as

a Marine infantry company commander. The guiding factors there were to carry out your assigned

objective, but prioritize taking care

of

your troops and keeping them alive. Sadly, I lost

10

fine

young Americans during my 6-month stint in the field, before being assigned to the Division staff.

A United States strategic vision was totally lacking.

e

simply went out every day with an

assigned objective to search and destroy or make contact . I contrast this with my experience

at SIC, where the vision set by AI has always been clear, and I knew and felt good about my

mission.

Following my Marine Corps service, I spent 16 years with AT&T on the mainland, requiring

frequent moves for my family. I had key management experiences in running large engineering

and operations functions and ended my AT&T career with starting and leading a new sales and

2

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marketing organization covering the western states, including Hawaii,. In 1984, I accepted a job

with GTE Hawaiian Tel to start a new marketing department, and we moved back home. We

finished rebuilding the family home in Papakolea, where we live today. I accepted community

leadership positons and just stepped down last year, due to term limits, from the board of the

Papakolea Community Development Corporation (PCDC), a 501c3 organization which manages

the community center and park, creates economic development activities, and supports community

center health care, youth, and kupuna programs.

I spent 1 years with GTE, including a 2-year stint at GTE' s headquarters in Stamford Connecticut,

In 1991, I became GTE Hawaiian Tel's Vice President of International and Federal, overseeing a

multi-portfolio business that include a private telephone network for DOD serving 50,000 official

lines within the Hawaiian Islands, an international long distance business line, construction and

installation of overseas telecommunications networks for US military bases in Asia Pacific, and

Micronesia Tel, GTE' s telephone company subsidiary serving the Commonwealth of the Northern

Mariana Islands. Interestingly, Micronesia Tel borrowed over $80 million from RUS during my

tenure, even though it was part

of

the multi-billion dollar GTE Corporation.

Living in Papakolea and serving on community boards has given me good insight into the needs

of

the Hawaiian community. I am very aware of the high unemployment among our community

members, particularly among working age young men, and the low achievement scores of our

Hawaiian keiki in our schools. Health problems of native Hawaiians are also high on the priority

needs to be addressed.

AI

Hee' s vision and the programs and resources he has assembled are all

about addressing these needs: economic development to improve the employment situation, tools

to enhance education, and improved access to health care programs.

From the day I first met him back in 1997, and still to this day, A1 Hee's vision and direction has

always been to provide services that will benefit Hawaiians who would otherwise be left behind

concerning access to those services. When I first joined SIC in March 1998, SIC had a staff of

less than 10 people and no telecommunications expertise except for myself. Contrary to slanted

press reports that

AI

Hee ruled his company with an iron fist and was involved in every decision,

my experience in SIC was the complete opposite. AI had spent several years prior to my arrival

in developing a master network plan which was approved by the Rural Utility Service

Administration (RUS), and under which funding would be released on a project by project basis

as they were sent to the RUS for approval. Al 's guidelines to me were clear and specific: follow

the RUS approved Plan, make sure you follow the procurement and regulatory rules and have

service at the highest quality level ready for the communities when required. We fully complied

with the government rules requiring approval

of

each project design by federal government

engineers and competitive procurement with sign off by the federal government engineers for all

projects.

lleft

the details

of

the building and running

of

the company to his management team.

This goes back to the mutual trust issue that I cited earlier. As I look back today, I am amazed at

the network that SIC has built. We went on to put in infrastructure to serve an additional 20-plus

communities. SIC funded the infrastructure under the government programs that AI put together.

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Recent slanted media reports have made big deal

of

the large amounts

of

money that

AI

brought

in, insinuating that this was AI Hee's personal piggy bank. Judge Mo Iway, $166 million of that

funding was in the form of loans from the RUS, which SIC is charged with paying back with

interest. Every dime

of

those funds borrowed went to put in real equipment and infrastructure

to

serve SIC's HHL service area, in accordance with project designs and competitive procurement

processes that were approved by RUS. I know firsthand, because either I or my qualified SIC

colleagues during the time I was away from SIC, were in charge of the projects and the

procurement process. I was not involved in any

of

the reimbursements from the FCC Universal

Service Fund (USF) program, which SIC is eligible for

as

a Rural Telephone Company. I

am

confident, however, that our Accounting folks and Regulatory consultants through their oversight

and annual audits, have insured that SIC has always been fully compliant with all applicable Code

of

Federal Regulations (CFR) associated with the use ofUSF. Beginning

is

2003, SIC has received

$242.5 million to date in USF. These funds help to offset the capital costs and associated finance

charges

of

the RUS loans, and operational costs

in

providing service to SIC's HHL service area.

Yes, SIC has received over $400 million in government funding in the form

of

loans and USF

support, but that money has all been spent to build real infrastructure and provide much needed

service to HHL beneficiaries.

n addition to the government funding for the terrestrial infrastructure, AI put together private

financing to build the interisland marine fiber cabling system interconnecting the islands of

Hawaii, Maui, Molokai, Oahu, and Kauai. This latest technology, high quality system,

interconnected with SIC's terrestrial network funded by government programs, will insure that

native Hawaiians have access to the increasing broadband support they will require for economic

development, health care, and education for many generations in the future. While the network

built under

AI

Hee's vision was intended for service to native Hawaiians, continuing technology

advances in fiber-system electronics allow more and more bandwidth to be carried over the

terrestrial and interisland fiber cable infrastructure. AI' s vision to serve native Hawaiian has

resulted in his enabling a resource that will benefit the whole state. That was proven in 2011, when

the interisland cabling system used by Oceanic Cable for TV broadcast on the neighbor islands

was cut, and AI made a portion of the Paniolo Cabling System immediately available to Oceanic

to support its requirements until repairs could be made to

its

own cabling system. n a talk to Native

Hawaiian business leaders at the Council

of

Native Hawaiian Associations (CNHA) in August

2014,

AI

suggested that it may be decades before people realize the benefit to all of Hawaii from

the infrastructure that he has provided.

There are many examples

of

the benefits that

Al s

vision and companies have provided to

Hawaiian Home Lands. First, is the cost savings to DHHL. Prior to SIC, DHHL, or in some cases

- the beneficiaries themselves -- had to pay the dominant telephone company to bring

in

the

necessary infrastructure to serve an HHL community. Under the government programs, SIC

invested over $50 million in underground distribution to serve the new communities that were

developed with support

of

the $600 million settlement DHHL received from the State. SIC's

financial contribution represents real savings of dollars that would have to otherwise come from

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Kahikinui In early 1999, SIC management met with leaders

of

the remote HHL

community of Kahikinui, located on the south side of Haleakala on the island of Maui.

Kahikinui is a community of pioneering families occupying 5-acre hillside lots and

committed to restoring the life, beauty and productivity

of

what had once been a thriving

community of some 2,000 native Hawaiians before post contact abuses decimated both

the population and the productivity of the land. With no commercial power available,

rough roads resembling wide foot trails that took 30 minutes to traverse down from their

homes to the main highway, and no cell phone service available, these leaders were

concerned about the basic safety issues for their families, like how do they get help if there

is an emergency. SIC developed a unique solution, consisting

of

microwave radio links

from one

of

its Maui central offices, solar power for its equipment hub within the

community, and underground distribution infrastructure to each lot. Service was

inaugurated in early 2000, and today Kahikinui residents have access to not only telephone

service but also high speed Internet.

Molokai The company's Molokai-service story continues to evolve, and is perhaps the

broadest representation

of

the service benefits that I Hee 's companies have been able to

deliver to a previously underserved population. While the state's dominant telephone

company focused its resources on the more profitable and easier-to-serve larger cities and

towns, service on rural Molokai was lacking. Internet service was generally not available

or very slow. SIC used its access to RUS and FCC funding support programs to deliver

high quality broadband services to the Kalamaula and Ho' olehua communities within its

designated HHL service area beginning in 2000. As word spread among the closely knit

Molokai population that SIC customers had access to high quality broadband services, SIC

began to receive requests for

its

services from residents within Hawaiian Tel com's service

area, including those residing on HHL lands who were existing (pre-SIC) customers

of

Hawaiian Telcom and only hand antiquated dial-up Internet access via the analog telephone

line i hey wanted service.

In 2007, SIC s then CEO, Admiral Kihune, met with Hawaiian Telcom's then CEO, Mike

Ruley,

to

address the need to improve service for the HHL residents within Hawaiian

Telcom's service area. Mr. Ruley responded with words to the effect that tell them to

stand in line with the others at the PUC . Consistent with his vision to insure that native

Hawaiians have access to needed broadband services and recognizing that the incumbent

was not going to deliver that capability to its constituents in HHL Molokai communities,

I Hee authorized SIC's affiliate, ClearCom Inc., a Competitive Local Exchange Carrier

(CLEC) which was not restricted to SIC's service area, to provide broadband services to

the HHL beneficiaries on Molokai that were outside of SIC s service area. ClearCom

continues to provide that service today. Of all of the communities that SIC serves

statewide, Molokai has the highest penetration percentage of SIC's Internet service users

-underscoring the demand and need for broadband service in rural communities.

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From a professional viewpoint,

I

is probably one

of

the greatest visionaries I have ever known.

Internally in the company, we senior managers often comment how this guy always seems to be a

couple

of

steps ahead

of

us and has thought through, long before us, the critical tasks or obstacles

we need to address to achieve a major milestone of his vision. I related my Marine Corps

experience earlier with emotional reflection to convey that I have experienced working in tough

environments and the differences when the mission was good and not so good. I have also seen

my share

of

leaders, extending beyond the Corps to my civilian career --- good leaders and not so

good ones. I Hee has been a very good leader, instilling within his company a commitment to

the mission to serve Native Hawaiians and a sense

of

both accountability and mutual trust. At the

Naval Academy, we were indoctrinated with a tenant that a ship embodies the traits of its captain.

That is certainly true at SIC. We are a Hawaiian company with Hawaiian values. I see the

commitment to AI's vision to provide benefit to native Hawaiians even in our employees who do

not have Hawaiian blood.

I has created a work environment where there is probably as much a sense that we are family as

we are a business.

t

is interesting but not surprising to me that among our employees, AI' s

conviction has not resulted in negative gossips around the water cooler about him; nor has there

been a bailing out of the company by employees. Al 's conviction has led to more a sense of auwe

- we are saddened that one of our family whom we care for so much is in trouble, and

we

will

stick together as a family in mutual support, and dedicate ourselves to our mission to serve native

Hawaiians . During the past year

of

stress for him in preparing for and going through the trial, his

now 1-year old granddaughter, Roselani, has been continually at his side or on his lap. It is

probably unique in the business world to have the senior executive of the company hold business

meetings with a smiling baby on his lap. I think it

is

wonderful, and represents how important his

family is to him. He also has a new grandson, Kea u born in July. Al s family, like mine,

is

very

close. I know that this whole ordeal has been very hard on them, but they are strong and will stand

together in support of each other and their dad.

Judge Moll way, I offer no excuse for any mistakes

I

Hee made that led to his conviction.

I

is

a good man, however, whose vision, commitment and perseverance have helped to improve the

lives of many others. I know that he is committed to using his exceptional ability to continuing to

improve the lives of other for the rest

of

his life. As you evaluate the appropriate sentence for the

tax crime

of

which he has been convicted, I simply and respectfully ask that you judge I Hee not

solely on the basis of his mistakes brought before your court, but on the totality of the goodness of

the man

as

I have tried to convey in this letter.

With sincerity and great respect,

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September 15, 2015


Chief Judge


300 Ala Moana Blvd.


Aloha Judge Mollway:

My name

is

Naomi Kahumoku Miyashiro and I am the Director of Human Resources

for

Sandwich Isles

Communications, Inc. (SIC). I have served in this capacity since March 2011 and prior

to

this position, was the

Manager of Human Resources

and

Administration at the Keck Observatory on Hawai'i island from

2005

to 2011.

In late 2010, I decided to move back from Waimea

to

Oahu

to

be closer to family as was looking for a human

resources position in Honolulu. I had already been offered a

job with

my former employer when I received a

phone call in January of 2011 informing me of a human resources position with

SIC.

Admiral Kihune and my

former

CEO

agreed to provide me with an opportunity

to

choose between both companies and after many hours

of consideration, I chose not return to my former company, but

to

come and work

for SIC.

After initially meeting with several SIC staff, including Admiral Kihune, I received a phone call from Albert Hee that

he wanted

to

meet me as well. This was the first time I met Albert in January of 2011. We met at Zippy's

Kaneohe along with Janeen Olds. While eating saimin, Albert explained why he went into the telecommunications

business and how vital

the SIC

network was

to

the growth and wellbeing of our people. Living in Waimea for over

six years, 1was already very famil iar with the Department of Hawaiian Homestead Land (DHHL) community and a

colleague at the Keck Observatory lived on DHHL serviced by SIC. As he explained the challenges and

opportunities of growing SIC, I was able

to

correlate the sentiments of my former colleague as she always spoke

about the positive impacts

of

broadband and telephone service and what

it

meant

for

her family

to

be

'connected

to

the world'. They live on a six acre parcel several miles outside

of

Waimea on the slopes

of

Mauna Kea where

no land line service was available prior to SIC.

For me, accepting the position

to join

SIC was not

just

a professional opportuni ty, but an opportunity to give back

to my people I believe that

what

SIC does and will do in the future has a direct impact, not just

for

native

Hawaiians but

for

the State of Hawai'i

as

well.

Without

someone like Albert's vision and fortitude, the SIC

telecommunications network would not have happened in our lifetime I always believe

that

many would say

that

if Albert were haole, he would be called a successful entrepreneur,

but

because he is part-Hawaiian, people

misunderstand his business savvy and wit.

As

a certified Human Resources professional, I could

not

in good conscious pen a letter

to

you, without my 100

support

of

Albert

Hee.

f there is anything unethical, fraudulent or criminal about Albert, I could not in good

conscious continue to work for SIC. This

is

why I intend to continue serving as the company's Director of Human

Resources.

In

addition, Albert's

HR

philosophy is to provide local jobs that will help grow and develop staff, even

if

it

means that they take on bigger professional opportunities in another Hawai'i company. He

is

a generous,

compassionate and kind employer. We have had several employees on extended leaves of absence for personal

and family medical situations. Albert believes in providing benefit coverage long past FMLA requirements and

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several

of

our company benefits provide spousal coverage so

th t our

employees do not worry about loss

of

coverage if

their

eligible family member is affected. Albert truly wants what s best

for

each employee

and their

family.

I plead

and

humbly ask

for

a lesser sentence. Albert has done a tremendous amount

for

our company

and for

others in the community. Please consider community service and probation in lieu of sending him to prison.

There is much work to be done and he could continue to best serve Hawai i out of prison, then in prison.

Sincerely,

Naomi Kahumoku Miyashiro, SHRM-SCP SPHR

Sandwich Isles Communications, Inc.

Director, Human Resources

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Chief Judge


300

Ala

Moana Blvd.


Dear

Judge

Mollway,

September 15, 2015

Thank you for the opportunity to

be

able to submit this letter. I understand

that

Mr. Albert

Hee

is being

sentenced for a tax crime and I am writing in support of Mr. Hee.

My name is Ka i inioku upu uwai Patelesio and I am an employee of Sandwich Isles Communications, Inc.

SIC).

Prior

to

working for

SIC,

I worked for Waimana Enterprises,

Inc.

from April 2006

to

November

2007 and then again from May 2009 to December 2011 and transferred to SIC in January of 2012.

Outside of my employment with the Waimana Family of companies, I have always known Albert Hee as

Uncle AI. My father, in his youth, was cared for by the Hee ohana (Uncle Al s parents specifically) and so

I was raised to know him as my Uncle. I have the utmost respect and aloha for him and love him very

much. He has provided tremendous opportunities for both me and my family and

for

this I will be

forever indebted to him.

I apologize in advance for the length and format of this letter but I feel that the details I am including in

this letter are crucial

to

understanding the lens from which I view Uncle AI. For the past 11 years Uncle

AI has been a constant and steady presence in my

life-

not only as a mentor but also as a leader,

employer and benefactor. I d just like to provide examples

of

how this man s generosity and his

foresight has personally touched my life.

My life forever changed when I walked into his office in 2004 asking for his help in getting a job. My

employment history

is

an interesting one that involved a lot of movement

for

a few years but each

experience was one

that

I learned a great deal from. When I asked

to

meet with Uncle

AI,

little

did I

know that it would start me on this path that I continue

to

grow from. I had just graduated from UH

Manoa as a double major in Hawaiian Studies and Psychology, and was eager

to

get into the workforce

to 1)

Use

my newly acquired Hawaiian Studies degree and 2) Work with in the Hawaiian Community that

I hold so close

to

my heart. At that time I didn t know much about Waimana or SIC but I knew that his

companies provided telephone and other telecommunications services to residents on Hawaiian Home

Lands. Those kinds of services were important to me because I believed

that

that kind of

access to·

technology fu lfilled a crucial need in the rural Hawaiian communities. You see, during college I had

worked

for

several years at the Office of Hawaiian Affairs. I was a Trustee Aide and was able

to

travel to

many Hawaiian communities throughout our state when Board of Trustees meetings were held off-

island. I saw firsthand when I went into those Hawaiian communities how different the lives of

Hawaiians were outside of urban Honolulu. There were some communities still out there that were in

need of the basic necessities that we in urban Honolulu take

for

granted like access

to

sewer and water,

electricity, and yes even telephone services. I could

not

believe

that in

the 21st century people still lived

without

those services-

it

was unbelievable and very sad

to

see how diff icult everyday life could

be

without

those modern conveniences.

So in 2004 when I asked Uncle AI for help in getting a job, my hope was that maybe I would be able to

use

my skills and knowledge for one of his companies because I believed that his company s mission to

provide affordable telecom services to lessees of Hawaiian Home Lands was good and

it

was noble. I

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was of

the mindset

that

anything, whether it

b

letters of support for albert hee

Documents