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A co-defendant in the federal racketeering case against former Honolulu business owner and alleged racketeering kingpin Michael J. Miske Jr. is back behind bars after being arrested for threatening and attempted to intimidate a witness to prevent him from providing information to FBI investigators. .
Preston Kimoto, 44, a former director of two Miske-owned companies, Kamaaina Termite and Pest Control and Oahu Termite and Pest Management, was arrested by federal agents on Tuesday, court records show. Witness tampering is punishable by up to 20 years in prison.
During an eight-minute hearing Wednesday morning before Magistrate Judge Kenneth Mansfield, Kimoto acknowledged his arrest and conceded his detention subject to review at a later date. Mansfield then revoked Kimoto’s bail and ordered his return to federal custody.
A preliminary hearing is scheduled for April 19 at 10:30 a.m.
Preston Kimoto had been released on bail pending trial shortly after his indictment and arrest in July 2020. But a judge revoked Kimoto’s bail and ordered him returned to federal custody for witness tampering. (Screenshot/Hawaii News Now)
Kimoto had been released on bail pending trial shortly after his indictment and arrest in July 2020. He was released on $50,000 bail secured by a $5,000 cash deposit, subject to house arrest with location monitoring. In November 2021, house arrest was replaced with a less restrictive curfew.
Two meetings in December
Kimoto is the first of Miske’s defendants to return to behind bars after violating the conditions of his release which, among other things, prohibited him from committing any offense in violation of federal, state or local law while he was released in this case.
According to an affidavit from FBI agents filed with the criminal complaint, Kimoto held two meetings in December with a witness who he said was, along with relatives of the witnesses, the only people who could link him to any of the offenses. of which he was accused. .
At the first meeting on December 16, Kimoto told Victim-A that the FBI would probably approach Victim-A and that it would be better for Victim-A and his loved ones if he didn’t tell the FBI.
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He then reminded Victim-A that he knew where she lived, worked, and where Victim-A’s children went to school.
In a second meeting on December 28, Kimoto reiterated to Victim-A that he/she should not speak to law enforcement and then Victim-A would not have to worry that anyone come to Victim-A’s home or Victim-A’s children’s school. attended.
Federal investigators were unaware of these meetings until admitted to by Victim-A in a March 20 interview. Previously, Victim-A said she feared for her safety and that of her family “based on the threats from Kimotos and her story.” of violence.
Over the next two weeks, investigators were able to download the contents of Witness-As’ phone, including text messages exchanged with Kimoto, contacts which included his name and contact details, and photographs, including one which placed Kimoto at the second meeting. .
Investigators also served a subpoena at the restaurant where the December 16 meeting took place and were able to obtain a receipt indicating that Kimoto’s credit card was used to pay for the meal, as described by Witness A. .
The federal racketeering indictment against Miske and his co-defendants charges Kimoto with participating in a racketeering conspiracy that Miske allegedly controlled and directed, and a drug trafficking conspiracy to distribute methamphetamine, cocaine, oxycodone and marijuana.
Mike Miske has been charged with numerous crimes including murder. (FBI/2020) Kidnapping Plot
Witness A appears to be linked to a third charge against Kimoto, who allegedly conspired with Miske and others to carry out the October 17, 2017 kidnapping of a 72-year-old accountant who was identified in court records. . only by the initials SL
The kidnapping was carried out by two members of the Miske company, Wayne Miller and Jonah Ortiz, allegedly on orders from Miskes. Miller and Ortiz both pleaded guilty and admitted to participating in the kidnapping. Ortiz is serving a long sentence in a federal prison in Louisiana. Miller is being held at an undisclosed location awaiting trial in the Miske case, where he is expected to be a key witness for the prosecution.
Miller admitted to arranging SL’s kidnapping on behalf of Miskes, according to court records. In a phone call to the accountant, someone using the name “James” said he needed help with business and personal tax matters. They agreed to meet near the old Fisherman’s Wharf at Kewalo Marina Ortiz told investigators that Miller was armed when they met the accountant.
When SL arrived, Miller and Ortiz identified themselves as police officers, displayed gold badges, and attempted to handcuff him. A struggle ensued, and SL was repeatedly punched and kicked and forced into the back of an older model black Ford Crown Victoria sedan.
SL’s hands were cuffed behind his back and a heavy bag was placed over his head, according to court records.
Miller and Ortiz then drove for what could have been hours, threatening to kill the accountant if he didn’t give them the money.
At one point Miller needed further direction on what to do with SL, and they went to the Queen Street offices that served as headquarters for Kamaaina Termite and Pest Control and other businesses owned by Miske where they met Kimoto.
According to previous court documents, this meeting was captured by the electronic surveillance in place at the time.
Surveillance footage shows what appears to be Miller arriving at Kamaaina Termite while the abduction was in progress, followed by Kimoto shortly after, according to court records. Afterwards, Kimoto and Miller left the building five minutes apart, followed shortly after by Miske leaving the office.
Federal prosecutors say Michael Miske used Kamaaina Termite and Pest Control as the headquarters of his criminal enterprise. The headquarters was allegedly used in a kidnapping attempt involving a 72-year-old accountant. (Cory Lum/Civil Beat/2020)
Additionally, federal investigators were later able to recover text messages exchanged between Miller and Kimoto on the day of the abduction, as well as phone records showing that Kimoto and Miller were in contact during the abduction.
SL eventually handed over a Visa credit card and he was released at Fishermans Wharf.
Patterns Revealed
Neither the indictment nor Ortiz and Miller’s plea agreements provide further information about the motives for the abduction.
However, additional details became public when an unredacted copy of an FBI report was mistakenly filed in court as an exhibit by John Schum, who was then representing defendant Delia Fabro-Miske.
The FBI Form 302 report was publicly available for a brief period before being replaced with a redacted version. During this short window, the document released details of a 2019 interview with Miller.
The unredacted version was filed in court on December 27, a day before Kimoto met Victim A and attempted to show her a court document that mentioned her and her family. It seems likely that this document was the same Form 302 filed in court. It is unclear how Kimoto had obtained a copy.
According to the unredacted document, Miller told investigators that a Honolulu businessman and investor solicited Miske and his group to kidnap and attempt to extort the accountant, S.L.
The kidnapping is said to be the result of a financial dispute stemming from the bankruptcy of a company run by SL, which caused the businessman to lose several hundred thousand dollars that he had loaned to the company, and which were not recovered during the bankruptcy.
When the SL company filed for bankruptcy in 2013, it listed more than $2.1 million in debt, with total assets of just $58,750.
According to Miller, Kimoto had known the businessman/investor and his daughter for approximately 10 years at the time of the abduction. It was apparently because of this family connection that Kimoto was asked to bring the abduction request to Miskes’ attention.
Miller was reportedly upset that he was not paid for participating in the kidnapping. The next day, Miller went to Kimoto to demand payment and then allegedly went to one of the businessman’s stores and tried unsuccessfully to intimidate him into paying.
News of the confrontation got back to Miske, who later told Miller’s girlfriend that the next time Miller goes to shake someone and it comes back to me like I did, I’m going to give them his PO (Parole Officer) number instead and they can run to him instead of putting me in deeper shit.
Following the revocation of Kimoto’s bail, prosecutors are expected to file a motion seeking the forfeiture of his bond. It’s unclear whether it would be just his $5,000 cash deposit or the full $50,000 value of the unsecured bond.
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