Former state Senate Majority Leader J. Kalani English and state Rep. Ty J.K. Cullen were charged by the U.S. Department of Justice with accepting bribes to support and kill legislation on behalf of a Hawaii industrial services company angling to benefit from state cesspool regulations and policies, according to documents filed in U.S. District Court today.

English, 54, “did knowingly devise and intend to devise a scheme and artifice to defraud the citizens of the State of Hawaii of their right to English’s honest and faithful services as an elected legislator and Senate Majority Leader of the Hawaii State Senate, through bribery and concealment of material information,” according to the charging document.

The Justice Department alleges that English solicited money, dinners, and lodging from a business owner identified as “Person A.” Person A is cooperating with DOJ’s ongoing investigation.

“Kalani is extremely remorseful and deeply sorry for his actions,” Richard H.S. Sing, attorney for English, said in a statement this afternoon after the charges were announced. “He has cooperated fully with the federal government and will be taking formal responsibility in the form of a guilty plea to be completed in the coming days.”

House Speaker Scott K. Saiki issued a statement saying that Cullen has resigned.

“The allegations against former Senator Kalani English and Representative Ty Cullen are very serious and these actions violate the public trust,” Saiki said.

“At 1:02 p.m. today, Representative Cullen submitted his resignation from the House of Representatives effective immediately. The Hawaii Democratic Party will now need to begin the process of nominating a replacement for Representative Cullen.”

Among the bribery examples cited by prosecutors is the March 11, 2020 meeting in Person A’s car where English allegedly accepted $10,000 in cash to kill a cesspool bill after originally asking English to push for it.

Another example detailed by federal prosecutors occurred on Feb. 24, 2020. English and “Person A” met at a restaurant and during the meeting, “Person A” paid English $1,000 in cash for introducing a bill.

In his state gift disclosure statement, English “knowingly and purposefully failed to declare the receipt of any of the funds or financial benefits conferred upon him by Person A,” including the hotel rooms provided to him in June 2019 at a cost of $1,805, the $500 in cash he also got in June 2019, $1,000 in cash provided to him in February 2020 or the $10,000 he accepted in March 2020.

Lawmakers are required to disclose gifts exceeding $200, in total or aggregate.

At the same time, DOJ alleges English “scrupulously disclosed small gifts he received from legitimate sources during that same time period,” including, gifts of $7 worth of trail mix from a private company, $10 worth of chili pepper water from the County of Kauai, a $20 goody and snack bag from the Maui County Council, and a $22 grocery bag of vegetables fro a law firm.

In April, English, a Democrat, stepped down from his Senate seat, citing lingering symptoms from a COVID-19 infection. Representing Hana, East and Upcountry Maui, Molokai, Lanai and Kahoolawe, English’s tenure in the Senate started in 2001.

Cullen, a Democrat who represents Royal Kunia, Waipahu and Makakilo, faces similar accusations. The Justice Department’s felony information statement filed with the court alleges he took $23,000 in bribes from 2019 to 2020 from “Person A” to work on legislation that would benefit Person A’s wastewater and sewage treatment company.

Like English, Cullen, 41, is charged with “honest services wire fraud” for failing to report the alleged bribes in his electronic legislative gift disclosure report.

In addition to cash bribes, federal prosecutors allege that in the fall of 2014, Person A gave casino chips and placed bets for Cullen during a trip to New Orleans, and as a result, Cullen walked away with $22,000 worth of chips. Prosecutors further allege that during the 2015 legislative session Cullen introduced and helped to pass legislation that benefited Person A’s company.

If convicted, English and Cullen each face up to 20 years in prison and fines of up to $250,000, according to federal authorities.

Charging Document – Former state Senate Majority Leader J. Kalani English by Honolulu Star-Advertiser on Scribd

State Rep. Ty J.K. Cullen complaint by Honolulu Star-Advertiser on Scribd