Attorney In Honolulu

Date set for school worker's enticement trial

A 45-year-old part-time elementary school worker, charged with sending a text message to meet a 13-year-old girl for sex, will go on trial the week of Aug. 22.

Douglas John Lopez of Ahuimanu entered a plea of not guilty Monday morning on a charge of first-degree electronic enticement of a child, a class B felony that carries a penalty of a mandatory 10-year prison term.

An Oahu grand jury indicted Lopez Thursday.

His trial will be before Circuit Judge Michael Wilson.

Before his arrest, Lopez worked one hour, two days a week as a part-time school lunch supervisor at Benjamin Parker Elementary School, and also worked as a Bishop Museum security guard.

It is the second Hawaii case in which the victim was a child — not an undercover agent — according to the state Attorney General's Office.

Lopez allegedly contacted a 13-year-old girl using a cellphone text message and arranged to meet her for sex.

He is free on $40,000 bail.

Lopez was arrested May 19 at the Kaneohe Zippy's restaurant. The indictment was a result of efforts by the Hawaii Internet Crimes Against Children Task Force, which includes the Department of the Attorney General, Honolulu Police Department, U.S. Attorney's Office and FBI.

The first case in the state in which a person was indicted for the crime involving a child instead of an undercover officer occurred on Maui in 2006. This is the first such prosecution by the state Attorney General's Office.

Lopez's is the 37th first-degree electronic enticement case in Hawaii.

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Hawaii Attorney: Failure of Foreclosure Law Inevitable ...

Http://www.civilbeat.com/articles/2011/06/17/11779-hawaii-attorney-foreclosure-bill-was-destined-for-failure/

Attorney Gary Dubin, Netra Halperin and I met with the Hawaii Department of Commerce and Consumer Affairs and the Attorney General's office on Tuesday. I met with Senator Roz Baker on Wednesday.

This was a bad move on Fannie's part because now the Legislators are calling Washington  (Senator Inouye is #3 in line for President... and our contingency is very accessible) - and now their ears are more open to the truth.  

Senator Baker thought this would work for everybody because all they have been hearing from the banks (BofA) is how much they "want" to modify....

I told Senator Baker - the banks can't modify - they wrote more than they can hold - all they want to do is get past the statute of limitations for fraud and we'll all be right back here at ground zero in four years - but with no defense. Now, she gets it. 

Hawaii needs to take over the mortgage loans written between 2003-2008.  Strip them to today's market value and reconstruct them with the homeowners at 2% for 30 years in lieu of litigation.  If the investor can prove they haven't been paid by the banks, TARP and/or insurance they can participate in a percentage of the revenue stream.  Otherwise - Aloha!

I think the key is to find out if they were paid for by the lenders, insurance or TARP because the HRS 490's don't care who made the payment - the debt is paid - its paid.  

Since there was $13 Trillion paid by the government - some of these that fell out of the Trusts had to have been paid.  Modifications may be easier on loose loans because they are already paid for (less loss).  But with that said if you enter into a modification agreement don't give up your rights to sue and remember that the statute of limitations for fraud is only 6 years - so after that you'll have a harder time opening up the fact that the loan was paid off - because now "you knew or should have know" or should be investigating.

  §490:3-602  Payment.   (a)  Subject to subsection (b), an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to a person entitled to enforce the instrument.  To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under section 490:3-306 by another person.

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