Former state Rep. Kaniela Ing is in trouble again with the Hawaii Campaign Spending Commission, and this time he’s facing criminal prosecution and possible jail time for allegedly failing to file a mandatory campaign spending update on time.
Ing was running for Congress in 2018 when the commission assessed nearly $22,000 in penalties, administrative fines and restitution against him for 23 inaccurate reports he filed between 2011 and 2016.
Among other inappropriate uses of campaign funds, the commission determined that Ing, who represented South Maui at the time, used campaign funds to cover $2,125 in rent for residences on Oahu and Maui and spent $219 to make a payment on his domestic partner’s credit card account. Ing also deposited a campaign check worth $2,000 into his personal checking account but failed to document it on his campaign spending reports.
The 2018 case remains open, according to the minutes of the Campaign Spending Commission’s December hearing that ended with the panel recommending that Ing face criminal prosecution on a single misdemeanor count for missing the August filing deadline.
“This matter has not been resolved yet as there were questionable expenses that were in the amended reports which the staff asked Respondent Ing to justify and still has not received a response,” according to the commission’s minutes.
On Feb. 15 the city Department of the Prosecuting Attorney filed a criminal complaint against the former Maui lawmaker alleging that he “intentionally, knowingly, or recklessly failed to timely file a supplemental report with the Campaign Spending Commission” by the July 31 deadline for the period covering the first six months of 2022, thereby committing the offense of “failure to timely file supplemental report with the Campaign Spending Commission.”
The maximum penalty for the misdemeanor is a year in jail and a $2,000 fine. Ing is scheduled for arraignment March 14 in Circuit Court.
His criminal case comes amid an ongoing outcry for ethics and campaign reform at the state Legislature.
In February 2022 disgraced Senate Majority Leader J. Kalani English and now-former Rep. Ty J.K. Cullen pleaded guilty in federal court to accepting bribes to support and kill legislation on behalf of Milton J. Choy, owner and manager of a company called H2O Process Systems.
Their guilty pleas touched off widespread calls for campaign spending and ethics reform, which led to the creation of the Commission to Improve Standards of Conduct, which made 31 recommendations that were introduced as bills this legislative session.
Even former politicians who maintain campaign accounts are required to provide timely updates to the Campaign Spending Commission.
Ing did not immediately respond to a request for comment, but he appeared in person before the commission in December and said he could not retain legal counsel “because of the cost,” according to commission minutes.
“He further stated that … the staff made it abundantly clear that there was no room for negotiation before the meeting to settle the case and that the recommendation will not change,” according to the minutes. “He further stated that he admitted to not filing on time and explained his reasons at the last meeting. Respondent Ing added that it was a mistake, and he should have caught it.”
Ing told the panel he was willing to accept a fine.
But in order to refer the case for criminal prosecution, Ing argued before the commission that “there needs to be probable cause that he intentionally or recklessly missed the deadline, and therefore, it had to have been done on purpose,” according to the minutes.
“He reiterated that it was clearly a mistake and that there was no reason for him to not file the report as there was no benefit for him to miss the deadline. Respondent Ing described ‘recklessness’ as a behavior that is so careless that it is considered an extreme departure from the care a reasonable person would exercise in similar circumstances such as recklessly driving a car.”
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Staff writer Allison Schaefers contributed to this report.
