United Public Workers State Director Gary Rodrigues says an indictment charging him with embezzling from the union and receiving kickbacks is overbroad and is asking the courts to dismiss specific counts. Rodrigues asks court
to drop some charges
against him
By Debra Barayuga
dbarayuga@starbulletin.comRodrigues is set to go to trial Oct. 1 in U.S. District Court on charges he defrauded UPW members by negotiating contracts in which members paid inflated fees for dental and health care benefits and arranging payments to be paid to his daughter, Robin Haunani Rodrigues Sabatini, in the form of consulting fees.
Rodrigues is also charged with receiving a $20,000-a-year cash payment from the UPW's life insurance provider in 1997 and 1998.
Counts 1 through 50 charge Rodrigues and Sabatini with mail fraud stemming from checks sent by Hawaii Dental Service to businesses controlled by Sabatini. Count 56 charges both with health care fraud. The charges allege members were deprived of Rodrigues' honest services as a union officer.
Doron Weinberg, Rodrigues' attorney, argued that the 51 counts Rodrigues is charged with are unconstitutionally vague because the indictment simply lists his fiduciary duties with no connection to the alleged fraud and what was violated.
Assistant U.S. Attorney Lynn Panagakos said the government stands by the indictment charging Rodrigues with breaches of fiduciary duty.
U.S. District Judge David Ezra is expected to rule on Rodrigues' request as early as the end of the week. Ezra rejected an a similar request earlier this year by Rodrigues to dismiss the charges.
