110k98 k. Jurisdiction of the person.
C.A.9 (Hawaii),1993.
Defendants' claim that they were Hawaiian nationals did not defeat district court's jurisdiction over
prosecution for crimes occurring in Hawaii; defendants presented no evidence that federal
government recognized Kingdom of Hawaii or that defendants received any immunity arising from
existence of Kingdom. 18 U.S.C.A. s 3231.
U.S. v. Lorenzo
[14]
110 CRIMINAL LAW
110XXIV Review
110XXIV(L) Scope of Review in General
In this case, a group of "native Hawaiian activists" happened upon the redemption scheme. With
guidance from the North Dakota defendants, the Hawaiian defendants *1452 used the scheme
against a number of state and
federal officials against whom they had grievances. For example, appellant Nathan Brown obtained
a rural housing loan through the Farmers Home Administration, an agency of the Department of
Agriculture, to finance the purchase of his house. Brown later refused to continue making payments
on his loan, arguing that he was a citizen of the Sovereign Kingdom of Hawaii and that the land had
been illegally sold to him. After the government, represented by the U.S. Attorney's Office,
instituted a civil foreclosure action against him, Brown employed the redemption scheme against
District Court Judge Ezra, U.S. Attorney Daniel Bent, the Assistant U.S. Attorney who handled the
case, officials of the city and county, and individuals at the Farmers Home Administration. Brown
filed a tax return seeking a refund of $1,344,834.79.
Brown also was involved, along with Lorenzo, in a dispute with the State
of Hawaii Department of Land and Natural Resources ("DLNR"). Lorenzo and his family squatted
on land leased by the DLNR to flower growers. Lorenzo told the DLNR that he was a "sovereign
heir" entitled to occupy and possess Hawaiian crown lands. After the state evicted Lorenzo, he
employed the redemption scheme against various individuals involved in the eviction, filing false
1099 forms showing payment of compensation to twelve individuals including the governor of
Hawaii, the State Attorney General, the chairman of the DLNR, and other DLNR employees.
Lorenzo filed a tax return seeking a refund of $748,960. The IRS issued a refund check for
$458,348 which was intercepted from Lorenzo's mailbox after the IRS realized Lorenzo's return was
fraudulent.
The district court divided the case into three trials. Appellants Brown and Lorenzo were tried as
part of the second trial group. After trial, Brown was convicted by the jury of eighteen counts, and
the jury was unable to reach a verdict as to one count. He was sentenced to seventy-eight months in
prison. Lorenzo was convicted by the jury of fifteen counts. He was sentenced to thirty-three
months imprisonment and three years supervised release.
[13][14] Appellants Brown and Lorenzo contend that they are Hawaiian
nationals and therefore the federal district court had no jurisdiction to hear this case. We review the
district court's jurisdiction de novo. United
States v. Peralta, 941 F.2d 1003, 1010 (9th Cir.1991), cert. denied,
--- U.S. ----, 112 S.Ct. 1484, 117 L.Ed.2d 626 (1992). The appellants have
presented no evidence that the Sovereign Kingdom of Hawaii is currently recognized by the federal
government or that they have received any immunity arising from the existence of the Kingdom.
Accordingly, as all the violations occurred in the district of Hawaii, venue was proper under Rule 18
of the Federal Rules of Criminal Procedure and jurisdiction was proper under 18
U.S.C. s 3231.
WESTLAW: SH 995 F.2d 1448
CITATIONS TO: 995 F.2d 1448
RET. NO. ------ANALYSIS------ -----------------CITATION---------------- HEADNOTE
US Cert Den
1 in 126 L.Ed.2d 180
2 in 126 L.Ed.2d 183
3 in 114 S.Ct. 225
4 in 114 S.Ct. 227
5 SC Same Case 126 L.Ed.2d 487
6 SC Same Case 114 S.Ct. 589
Cir. 7
7th Cir., DN 93-1318
7 16 F.3d 193, 197
Cir. 8
J Dissenting Opin 8th Cir., DN 93-2852
8 J Dissenting Opin 17 F.3d 269, 272
Cir. 9
9th Cir., DN 92-50628
9th Cir., DN 93-50155
9th Cir., DN 93-50282 pendingth Cir., DN 93-
9 7 F.3d at 882 5
10 22 F.3d 900, 902
11 24 F.3d 1110, 1113 27
Anno 118 A.L.R.Fed. at 593
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