A former Honolulu police officer accused of having sex with an alleged prostitute has pleaded guilty in federal court.
Maulia LaBarre, 35, pleaded guilty Tuesday to one count of honest services wire fraud.
According to the U.S. Courts for the Ninth Circuit, honest services fraud criminalizes schemes to defraud that involve bribery or kickbacks.
In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:
- First, the defendant devised or knowingly participated in a scheme or plan to deprive [name of victim] of [his] [her] right of honest services;
- Second,the scheme or plan consists of a [bribe] [kickback] in exchange for the defendant’s services. The “exchange” may be express or may be implied from all the surrounding circumstances;
- Third, the defendant owed a fiduciary duty to [name of victim];
- Fourth, the defendant acted with the intent to defraud by depriving [name of victim] of [his] [her] right of honest services;
- Fifth, the defendant’s act was material; that is, it had a natural tendency to influence, or was capable of influencing, [a person’s] [an entity’s] acts; and
- Sixth, the defendant used, or caused someone to use, the mails to carry out or to attempt to carry out the scheme or plan.
According to acting U.S. Attorney Elliot Enoki, LaBarre admitted that he secretly used his position at the Honolulu Police Department to enrich himself by soliciting and agreeing to accept sex from an individual who had a pending criminal case involving prostitution charges.
In exchange, he would arrange to have her arresting officer not appear in court in the case.
The investigation was conducted by the FBI, Department of the Attorney General for the State of Hawaii, and Homeland Security Investigations.
LaBarre faces a maximum penalty of 20 years imprisonment when he is sentenced on Oct. 23.