Punahou Carnival
theft case ends with
car forfeitureA former student says he is innocent
of stealing more than $50,000 in 2002
A man suspected of stealing more than $50,000 in proceeds from the 2002 Punahou Carnival has agreed to forfeit the sports car prosecutors said he bought with the stolen money.
Former Honolulu resident Harlan Higa, who has never been charged in the case, said he is not guilty but could not afford to fight the city prosecutor's forfeiture proceedings.
In a settlement earlier this month with the city prosecutor's office, Higa, 24, agreed not to contest the forfeiture of a black 1997 BMW 318i alleged to have been purchased using the stolen money.
"He walked away from the car. He agreed to no longer litigate the issue," said Deputy Prosecutor Charlotte Duarte.
Punahou School is in negotiations with the Prosecutor's Office to share in the proceeds of the forfeiture, Duarte said.
Punahou officials could not be reached for comment yesterday.
Higa said he is the victim in a case based on hearsay.
"I'm not pulling out of this because I'm admitting I'm guilty," said Higa, who now lives in Las Vegas. "I don't feel I'm getting a fair chance.
"I'm the one that's being robbed," he said.
Under state forfeiture laws, the proceeds of a crime or property acquired from the proceeds of a crime are subject to seizure. While the state has the burden of proof, the standard is lower than in criminal proceedings.
Prosecutors had filed a petition more than a year ago, seeking the forfeiture of the car, valued at about $15,000.
In court documents, prosecutors alleged that Higa had broken into a locked safe at the Sullivan Administration Building on Feb. 3 or 4, stole the money and other items, and 10 days later used cash to purchase the BMW from a private owner.
Higa, a former Punahou student whose father works there in maintenance, was arrested April 25 and questioned by police, but released without charges.
After the car was seized by police in July, Higa filed a claim seeking its return. He said he was the registered owner, and denied burglarizing Punahou School or using proceeds of a crime to purchase the car.
Victor Bakke, Higa's attorney, said the state's forfeiture laws are unfair to litigants because no one has the resources that the government has to fight these proceedings and win.
"They don't have to charge you, but they can take your property and the burden's on you to prove where you got it. What's to keep government from doing this to anyone and everybody?" Bakke said.
Duarte defended the forfeiture law, saying it is one of the most comprehensive statutes on the books. Other states have used it as a model because of the extensive due process provided, she said.
The state has the burden of proof, but Higa chose to terminate the litigation on the advice of his attorney before the state put on its proof, Duarte said.
In the settlement, Higa stipulated that police had probable cause to seize the car for forfeiture but he does not admit he committed a crime, Duarte said.
After numerous delays and after his case was transferred to another judge, Higa said he was ready to disprove all the allegations against him and show how he got the money to pay for the car.
But had the court ruled against him, he faced paying the prosecuting attorney's fees, which could range from $25,000 to $30,000 and which he cannot afford, Higa said.
As part of the settlement, prosecutors agreed not to seek attorney's fees and costs.
To date, no criminal charges have been filed and the case is closed, said Jim Fulton of the prosecutor's office. The case would only be reopened if someone came forward with new evidence.