Rodrigues files suit
to reverse fraud conviction

His lawyers argue that prosecutors
presented insufficient evidence

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By Debra Barayuga
dbarayuga@starbulletin.com

The federal convictions of former United Public Workers leader Gary Rodrigues and his daughter should be reversed because of insufficient evidence and erroneous jury and court instructions, according to defense attorneys.

In a motion for a new trial filed yesterday in U.S. District Court, defense attorneys Doron Weinberg for Rodrigues and Richard Hoke for Robin Haunani Rodrigues Sabatini also alleged deficiencies in the indictment and prosecutorial misconduct as justifications for a new trial.

Their arguments were made in addition to a motion for acquittal that was denied by District Judge David Ezra near the close of the 2 1/2-week trial last month and arguments for a new trial filed after the verdict.

Government attorneys Florence Nakakuni and Lynn Panagakos could not be reached for comment. The government is expected to file its response at the end of the month.

Rodrigues, 61, and Sabatini, 38, remain free on bail while awaiting sentencing in May.

Both were convicted Nov. 19 of defrauding the union in connection with its dental and medical benefits contracts. Rodrigues was found guilty of 102 counts, including mail fraud, money laundering, money laundering conspiracy, embezzlement, health care fraud and accepting kickbacks. Sabatini was convicted as charged of 95 counts of mail fraud, health care fraud and money laundering.

The defense had maintained that Rodrigues had always acted in the best interest of the union and his family and that he and his daughter had done nothing illegal.

Government prosecutors had alleged that because of his power and influence as a union leader, Rodrigues was able to defraud the union by negotiating consulting fees into the union's dental and medical contracts without the knowledge of the executive board, then had the fees sent to two companies owned by Sabatini for their personal benefit.

The government alleged Sabatini did little or no work on the UPW dental and medical contracts, yet was paid more than $450,000 in consulting fees.

In his earlier denial on the defense's motion for acquittal, Ezra had ruled that government prosecutors had presented relevant evidence to prove each of the charges against Rodrigues and Sabatini.

The defense argued yesterday in its motion that the government did not establish sufficient evidence of the money laundering because it failed to prove that dental premiums were UPW property and were proceeds of prior criminal activity, the defense said.

The defense also took issue with the court allowing prosecutors to introduce evidence they said was prejudicial to Rodrigues. This included testimony from his former girlfriend and secretary Georgietta Carroll, who said Rodrigues wanted the union to give him land owned by UPW in Oregon in exchange for unpaid sick leave and vacation.

The defense also accused prosecutors of presenting misleading and incomplete information.