Case 1:09-cr LEK Document 121 Filed 03/06/12 Page 1 of 6 PageID #: 902 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Similar documents
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Follow this and additional works at:

Case 1:13-cr DPW Document 240 Filed 06/09/14 Page 1 of 22 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 3:14-cr JRS Document 413 Filed 08/15/14 Page 1 of 14 PageID# 9631

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA : CRIMINAL ACTION. v. : NO

Case 5:12-cv KES Document 27 Filed 10/22/13 Page 1 of 8 PageID #: 316 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

Case 1:09-cr RJL Document 4 Filed 07/23/2009 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Follow this and additional works at:

Follow this and additional works at:

Case 2:17-cr PLM ECF No. 15 filed 11/21/17 PageID.22 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

Case 1:17-cr ABJ Document 525 Filed 02/23/19 Page 1 of 25 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Crim. No.

Case 1:18-cr Document 16 Filed 02/27/18 Page 1 of 3 PageID# 150 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Case 1:10-cr LEK Document 425 Filed 08/21/12 Page 1 of 13 PageID #: 1785 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Follow this and additional works at:

Case 5:14-cr M Document 27 Filed 05/04/15 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 1:10-cr LEK Document 542 Filed 02/06/13 Page 1 of 11 PageID #: 2657

Case 1:15-cr KAM Document 306 Filed 08/04/17 Page 1 of 17 PageID #: 5871

NUMBER CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG CHRISTOPHER PYREK-ARMITAGE,

CASE 0:17-cr DWF-TNL Document 1009 Filed 12/26/18 Page 1 of 10

U.S. v. CANALE, Cite as 115 AFTR 2d , Code Sec(s) 6531, (DC NY), 06/17/2015. UNITED STATES OF AMERICA, PLAINTIFF v. Peter CANALE, DEFENDANT.

United States Court of Appeals

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ) ) ) ) ) ) ) ) ) )

involved in the transaction, full restitution, a special

Follow this and additional works at:

Case 2:12-cr JES-UAM Document 41 Filed 07/01/13 Page 1 of 19 PageID 110

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

USA v. Fabio Moreno Vargas

Case 0:13-cr KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION UNITED STATES PROPOSED VOIR DIRE EXAMINATION QUESTIONS

Case 3:12-cr DRD-SCC Document 397 Filed 02/20/15 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case 2:17-cr PLM ECF No. 54 filed 12/05/17 PageID.113 Page 1 of 20 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

Case 3:18-cr MMH-JRK Document 59 Filed 10/17/18 Page 1 of 5 PageID 149

Case: 1:13-cr Document #: 24 Filed: 04/14/14 Page 1 of 8 PageID #:108

Case 2:12-cr AWA-TEM Document 51 Filed 05/09/12 Page 1 of 10 PageID# 147 IN THE UNITED STATES DISTRICT COURT FOR THI

People v. Evanson. 08PDJ082. August 4, Attorney Regulation. Following a default sanctions hearing pursuant to C.R.C.P (b), the Presiding

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION PLEA AGREEMENT

Follow this and additional works at:

Case 1:18-cr TSE Document 223 Filed 08/10/18 Page 1 of 5 PageID# 4200

Follow this and additional works at:

Follow this and additional works at:

Follow this and additional works at:

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

1. From at least in or about June 2006, up to and

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Appeal from the United States District Court for the Northern District of Georgia

Follow this and additional works at:

Case: 1:10-cr SL Doc #: 898 Filed: 06/04/12 1 of 5. PageID #: 18606

Case 1:15-cv LEK-KJM Document 22 Filed 06/29/16 Page 1 of 16 PageID #: 458 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Case 3:05-cr RCJ-RAM Document 249 Filed 06/18/07 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Circuit Court for Cecil County Case No. C07-CR UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

moves this Court for an order for the Disclosure of the Grand Jury Transcripts. This

Case 6:18-cr RBD-DCI Document 59 Filed 08/16/18 Page 1 of 9 PageID 393 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Case 1:18-cr TSE Document 93 Filed 06/22/18 Page 1 of 8 PageID# 1738

ALFRED ISASSI, Appellant,

Case 1:18-cr LM Document 2 Filed 07/23/18 Page 1 of 14 UNITED STATES DISTWCT COURT DISTRICT OF NEW HAMPSHIRE PLEA AGREEMENT

Case 1:14-cr MLW Document 1 Filed 07/15/14 Page 1 of 14

Case: 1:16-cr TSB Doc #: 229 Filed: 11/22/17 Page: 1 of 6 PAGEID #: 5045 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : : : : : : : M EM O R A N D U M

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. 1:09-cr JAL-1. Plaintiff - Appellee,

HOLDINGS INTERNATIONAL, INC. (6), with the advice and consent of Michael

Follow this and additional works at:

Follow this and additional works at:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON JULY, 1998 SESSION. November 9, 1998 STATE OF TENNESSEE, ) No. 02C CR-00252

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : : : : : : : O R D E R

UNITED STATES COURT OF APPEALS

USA v. Enrique Saldana

Follow this and additional works at:

Case 2:15-cr JHS Document 168 Filed 07/27/18 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case: 2:17-cr EAS Doc #: 41 Filed: 07/02/18 Page: 1 of 10 PAGEID #: 242 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

United States Court of Appeals

Case 1:18-cr TSE Document 249 Filed 08/17/18 Page 1 of 13 PageID# 5497

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case 2:10-cr MHT-WC Document 1907 Filed 10/14/11 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Alexandria Division

Case 1:05-cr EWN Document 295 Filed 03/22/2007 Page 1 of 12

Case 2:10-cr MHT-WC Document 1814 Filed 09/16/11 Page 1 of 13

UNITED STATES COURT OF APPEALS

Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

THE GOVERNMENT S MOTION AND MEMORANDUM OF LAW IN SUPPORT OF A PRETRIAL CONFERENCE PURSUANT TO THE CLASSIFIED INFORMATION PROCEDURES ACT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA TO: UNITED STATES ATTORNEY THOMAS O BRIEN AND ASST. U.S

Case 1:09-cr WHP Document 900 Filed 03/20/17 Page 1 of 10. -against- : 09 Cr. 581 (WHP) PAUL M. DAUGERDAS, et. al., : OPINION & ORDER

In the United States Court of Appeals for the Second Circuit

Case 1:07-cr JR Document 2 Filed 03/01/2007 Page 1 of 20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Holding a Criminal Term

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 1, 2005

USA v. Kheirallah Ahmad

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. No. 13-CR Hon. Gerald E. Rosen Magistrate Judge Mona K.

(a) All motions shall be accompanied by a memorandum in support of the relief sought in the motion. The memorandum shall

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION. v. CRIMINAL NO. 3:08cr107-DPJ-LRA ORDER

Pending before the Court are Defendants' Motions for Severance of Misjoined

RECENT THIRD CIRCUIT AND SUPREME COURT CASES

filed against him on February 2, 1995 from the counts contained in the same indictment against

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GEORGE DAVID SALUM, III., Defendant-Appellant. No Non-Argument Calendar

Transcription:

Case 1:09-cr-00398-LEK Document 121 Filed 03/06/12 Page 1 of 6 PageID #: 902 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII UNITED STATES OF AMERICA, vs. ARTHUR LEE ONG, Plaintiff, Defendant. CR. NO. 09-00398 LEK ORDER DENYING DEFENDANT ARTHUR LEE ONG s MOTION FOR JUDGMENT OF ACQUITTAL Before the Court is Defendant Arthur Lee Ong s ( Defendant Motion for Judgment of Acquittal ( Motion, filed on November 15, 2011. The United States of America ( Government filed its memorandum in opposition on November 29, 2011, and Defendant filed his reply on December 12, 2011. The Court thereafter took the matter under advisement. On November 7, 2011, a jury found Defendant guilty of Counts 1 through 4 and 6 through 8 in the July 28, 2010 Superseding Indictment, charging Defendant with income tax evasion. Defendant moves the Court for judgment of acquittal on Count 1, conspiracy under 18 U.S.C. 371, 1 arguing that there 1 Count 1 of the Superseding Indictment filed on July 29, 2010 alleges, in pertinent part, that: From in or about 1989, the precise date being unknown to the Grand jury, and continuing thereafter up to and including the date of (continued...

Case 1:09-cr-00398-LEK Document 121 Filed 03/06/12 Page 2 of 6 PageID #: 903 was insufficient evidence pursuant to Rule 29(c of the Federal Rules of Criminal Procedure. After careful consideration of the Motion, supporting and opposing memoranda, and applicable law, the Court HEREBY DENIES the Motion without a hearing, finding Defendant s conviction supported by the evidence. DISCUSSION I. Rule 29 Standard Rule 29 requires this Court to grant a motion for judgment of acquittal if the evidence is insufficient to sustain a conviction. Fed. R. Crim. P. 29(a. Defendant s Motion is timely under Rule 29(c(1. On a motion for judgment of acquittal under Rule 29, this Court must view the evidence in the light most favorable to the Government, deciding whether a 1 (...continued the return of this Superseding Indictment, in the District of Hawaii and elsewhere, the Defendant ARTHUR LEE ONG (Defendant,and R.L.H., M.K., P.S., and others not charged in this Indictment, did unlawfully, voluntarily, intentionally, and knowingly conspire, combine, confederate, and agree together and with each other and with other individuals both known and unknown to the Grand Jury to defraud the United States by deceitful and dishonest means for the purpose of impeding, impairing, obstructing, and defeating the lawful Government functions of the Internal Revenue Service (I.R.S. Of the Treasury Department in the ascertainment, computation, assessment, and collection of revenue; to wit, individual income taxes. [Superseding Indictment at 2.] 2

Case 1:09-cr-00398-LEK Document 121 Filed 03/06/12 Page 3 of 6 PageID #: 904 rational jury could have found Defendant guilty beyond a reasonable doubt. See United States v. Hazeem, 679 F.2d 770, 772 (9th Cir. 1982 (in deciding a Rule 29 motion, the trial court must determine whether, viewing the evidence in the light most favorable to the government, the jury could reasonably find the defendant guilty beyond a reasonable doubt. Accord Jackson v. Virginia, 443 U.S. 307, 319 (1979 ( when deciding a motion based on alleged insufficiency of the evidence, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt ; United States v. Disla, 805 F.2d 1340, 1348 (9th Cir. 1986 ( A conviction is supported by the evidence if, viewing the evidence in the light most favorable to the government and drawing all reasonable inferences, there was relevant evidence from which the jury could reasonably have found the defendant guilty beyond a reasonable doubt.. II. Sufficiency of the Evidence Defendant asserts that the Superseding Indictment charges that he, Royal LaMarr Hardy, Paul Sulla, Michael Kailing, and others engaged in an elaborate scheme to defraud the Government through the non-filing of Defendant s income taxes. [Mem. in Supp. of Motion at 1.] He maintains that all that the Government proved during trial was that Defendant met with 3

Case 1:09-cr-00398-LEK Document 121 Filed 03/06/12 Page 4 of 6 PageID #: 905 Mr. Hardy, and that meeting and discussing matters of common interest is insufficient under the law to infer guilt. Mr. Hardy, Mr. Sulla, and Mr. Kailing were never called as witnesses. According to Defendant, the Government failed to establish that any agreement ever existed between Defendant, Mr. Hardy, Mr. Sulla, Mr. Kailing or Thomas Brennan. [Id. at 3-4.] On the other hand, the Government submits that it was required to prove that Defendant conspired with at least one other person, and not with all of the co-conspirators alleged in the indictment, and that Defendant s own testimony at trial established that, on Mr. Hardy s referral, Defendant retained Mr. Sulla to create various trusts in order to reduce his taxes. The Government further argues Defendant met Mr. Sulla in Mr. Hardy s office, used Mr. Hardy s secretary to notarize Defendant s trust documents prepared by Mr. Sulla, and met with Mr. Hardy, along with Mr. Sulla and Mr. Brennan. As to conspiring with Mr. Kailing, the Government points out that he served as Defendant's nominee trustee and that Defendant knew Mr. Kaling was involved in tax fraud because he was called to testify at Mr. Kailing s criminal trial in 2005. During the Government s case, it presented evidence that Defendant conspired with others to evade his own personal income taxes through the use of sham trusts set up with the 4

Case 1:09-cr-00398-LEK Document 121 Filed 03/06/12 Page 5 of 6 PageID #: 906 assistance of Mr. Sulla, his attorney. There was testimony that Defendant attended Mr. Hardy s seminar on voluntary tax compliance and was motivated to eliminate his tax liability. The evidence showed that Mr. Hardy referred Defendant to Mr. Sulla, who was involved with Mr. Hardy s programs. Mr. Sulla set up Defendant s trust system. In an opinion letter to Defendant on May 6, 1990, Mr. Sulla stated: Secondary to this estate plan planning concern, was your objective to reduce your income taxes. [Gov t Exh. 24GG, at 1.] It states: Your trusts, properly established, should be able to withstand an attack by troublesome litigants, creditors, or even taxing authorities.... [Id. at 2.] The witness testimony and documentary evidence presented at trial support the conclusion of the sham nature of the trust system set up by Mr. Sulla, and the finding of Defendant s knowledge thereof. The government may prove a conspiracy by circumstantial evidence that the conspirators acted together in furtherance of a common goal. United States v. Kiriki, 756 F.2d 1449, 1453 (9th Cir. 1985. The circumstantial evidence establishes that Mr. Hardy referred Defendant to Mr. Sulla to help him evade taxes, that Defendant knew the trust system established with Mr. Sulla was a sham, and that he did not rely on Mr. Sulla s advice in good faith. Based on the above evidence, a rational jury could have 5

Case 1:09-cr-00398-LEK Document 121 Filed 03/06/12 Page 6 of 6 PageID #: 907 found beyond a reasonable doubt that Defendant conspired to defraud the Government. The Court finds there was sufficient evidence to support the jury s finding of guilt on Count I. The Motion for judgment of acquittal on the basis of insufficient evidence is DENIED. CONCLUSION On the basis of the foregoing, Defendant Arthur Lee Ong s Motion for Judgment of Acquittal, filed November 15, 2011 is HEREBY DENIED. IT IS SO ORDERED. DATED AT HONOLULU, HAWAII, March 6, 2012. /S/ Leslie E. Kobayashi Leslie E. Kobayashi United States District Judge USA V. ARTHUR LEE ONG; CR. NO. 09-00398 LEK; ORDER DENYING DEFENDANT ARTHUR LEE ONG S MOTION FOR JUDGMENT OF ACQUITTAL 6