Rodrigues jury still out The attorney for Gary Rodrigues says the union leader and his daughter should not be forced to forfeit more than $300,000 despite being convicted this week on multiple counts of money laundering and mail fraud.
on giving back money
The defense says the count
lacks evidence to order
Rodrigues to forfeit $308,080By Debra Barayuga
dbarayuga@starbulletin.comCount 101 of the 102-count indictment against Rodrigues and daughter Robin Sabatini seeks forfeiture of $308,080, based on the money-laundering allegations.
A federal jury found Rodrigues, the state director of United Public Workers, guilty Tuesday on 101 counts and his daughter on 95 counts. The convictions included 40 counts of money laundering and two counts of money-laundering conspiracy. The jury has yet to decide on Count 101.
Attorney Doron Weinberg argued yesterday that the indictment was defective because it did not allege specific property that was being forfeited and how it is tied to the crimes alleged. He also disputed evidence suggesting Rodrigues personally benefited.
The only allegations that remotely suggest Rodrigues received any money is that he purchased a truck worth $15,000 from Honolulu Ford that was later registered to his father on Kauai, and that his mother received a $3,000 check, Weinberg said.
The truck was purchased for Rodrigues' father, and Rodrigues was only doing him a favor by picking it up at the dealership in Honolulu, Weinberg said.
"Gary didn't get a penny out of this."
The government contends the forfeiture amount represents the consulting fees Sabatini received in connection with the UPW's dental and medical plans and were deposited into her company's bank accounts. Prosecutors said Sabatini's company was receiving consulting payments even before it had been formed and for work she did not do.
Weinberg said the government failed to prove any connection to the payments Sabatini received to the UPW or Rodrigues.
Weinberg said he does not regret not presenting a defense at trial because there was no question in his mind that the government had failed to meet its burden of proof. He said the verdict was the result of a number of errors that he expects to address on appeal.
Weinberg said the defense was hurt most by testimony that Rodrigues had accepted kickbacks in connection with a welfare-benefit plan. He said the giving of gratuities is not a federal crime but was "highly prejudicial."
Defense attorneys had unsuccessfully argued to have Rodrigues tried on the kickback count in a separate trial.
Also damaging to the defense was the government's emphasis on the $146,000 Sabatini received as consulting fees from the union's medical provider, Pacific Group Medical Association.
Senior Judge Samuel King Sr., who was sitting in for trial Judge David Ezra, said he would leave it up to Ezra to decide the legal issues and ordered the jurors to return Wednesday.
Only 11 jurors will deliberate because one juror had planned to leave on a trip Monday and was excused.
King said yesterday that he was disturbed by news reports that suggested "oppressive" behavior directed at prosecutors after the court had adjourned following the Tuesday verdicts.
Rodrigues was witnessed by many in the courtroom as pointing out government prosecutors to his young granddaughter and telling her, "Remember their faces, remember their faces."
Had the court been in session when that behavior occurred, King said, he would have had the persons responsible "immediately arrested" and told prosecutors that if they chose to, they could bring criminal charges.
Outside the courthouse, Rodrigues yanked the microphone of a KITV 4 News reporter and threw it to the ground. Weinberg said the reporter had "lost control" of the microphone when Rodrigues put up his hand to try to get past reporters.
Weinberg defended Rodrigues' and his family members' reaction to the verdict as "understandable," and noted that their actions should not be viewed as threats.
"It's just very difficult when you've received a horribly unjust verdict which is going to result in an emotionally destructive blow to your daughter and your family ... It's hard to keep your composure with people sticking cameras in your face and yelling at you," he said.
Weinberg also said someone else, not Rodrigues, pointed to the prosecutors "as the face of injustice -- not as somebody you should take revenge against or have any violence or any threat."
He said Rodrigues is qualified and entitled to remain as state director of the 13,000-member union, for which he receives a $200,000 salary.
"Until the court accepts the verdict and imposes judgment, there is no conviction as far as the labor laws are concerned," Weinberg said.