United States v. Andrew K. Mirikitani

This is an appeal by a former Honolulu city official from a conviction for fraud and bribery under 18 U.S.C. § 666 . We withheld our consideration pending the Supreme Court’s decision in Sabri v. United States, — U.S. -, 124 S.Ct. 1941 , 158 L.Ed.2d 891 (2004), concerning the constitutionality of the statute. In light of that decision, we affirm the conviction.

Andrew K. Mirikitani was a member of the Honolulu City Council, and in that capacity he was provided with a budget for staff salary. Mirikitani misused his position, creating a kickback scheme that involved offering employees a salary bonus on the condition that they donate a portion of the bonus back to Mirikitani’s campaign fund. As a council member, Mirikitani was responsible for spending federal funds in an amount that easily exceeded $10,000. After a jury trial, Mirikitani was convicted of (1) obtaining by fraud and converting property of the City and County of Honolulu, in violation of 18 U.S.C. § 666 (a)(1)(A), and (2) bribery while intending to be influenced or rewarded in connection with a transaction of the City and County of Honolulu, in violation of 18 U.S.C. § 666 (a)(1)(B). For a more de tailed account of…