HONOLULU – Gordon C.Y. Au, a Honolulu real estate broker, has been found guilty by a Honolulu jury on ten counts of Wilful Failure to File Return relating to the tax years 2002, 2003, 2004, 2005, and 2006.

Au failed to timely file his general excise tax returns and his individual state income tax returns.

At trial, Au claimed that he did not have to file tax returns because he claimed to be a Hawaiian national and claimed that the Kingdom of Hawaii was illegally overthrown.

Wilful Failure to File Return is a misdemeanor punishable by up to one year of imprisonment, a fine of up to $25,000, probation, or any combination of these.

Sentencing is scheduled for July 28, 2010, before the Honorable Michael D. Wilson.

The prosecution of Au is the result of a joint effort between the Department of the Attorney General and the Department of Taxation.

“All citizens have the responsibility to pay the taxes they owe to the State,” Attorney General Mark Bennett said.  “In conjunction with the Department of Taxation, we will vigorously prosecute those who willfully fail to pay their state taxes.”

Report by Janine Udui, Deputy Attorney General, state of Hawaii

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