Bobby N. Harmon, CPCU, ARM
June 21, 2004
VIA fax only @ (559) 490-1919
Mr. James B. Farris
Senior Case Manager
American Arbitration Association
6795 North Palm Avenue, 2nd Ave.
Fresno, California 93704
RE: Mary Lou Woo, Trustee v. Bobby N. Harmon - Case No. 74 166 00491 03 JAFA
Dear Mr. Farris:
This responds to Steven Guttman’s letter to you dated June 19, 2004, in which he stated:
“During the arbitration hearing on June 15, 2004, in the above referenced matter, the Arbitrator requested that the Trustee provide her with the names of all the individuals whom the Trustee believes Mr. Harmon shall not communicate with in the future in connection with any issue related to this proceeding, the Settlement Agreement, his pending bankruptcy case, or any of the underlying litigation.
“This letter responds to the Arbitrator’s request. Listed below are the various individuals whom Mr. Harmon should be barred from communicating with in any manner, either directly or indirectly, by correspondence, copies of correspondence, emails, facsimiles, telephone or any other means of communication:
NAME AFFILIATION
Rev. David P. Coon Former Kamehameha Schools Trustee
J. Douglas Ing Kamehameha Schools Trustee
Gerard Jervis Former Kamehameha Schools Trustee
Francis Keala Former Kamehameha Schools Trustee
Robert Kihune Kamehameha Schools Trustee
Constance H. Lau Kamehameha Schools Trustee
Ronald D. Libkuman Former Kamehameha Schools Trustee
Lokelani Lindsey Former Kamehameha Schools Trustee
Henry H. Peters Former Kamehameha Schools Trustee
Diane J. Plotts Kamehameha Schools Trustee
William S. Richardson Former Kamehameha Schools Trustee
Oswald Stender Former Kamehameha Schools Trustee
Matsuo Takabuki Former Kamehameha Schools Trustee
Myron Thompson Former Kamehameha Schools Trustee
C. Nainoa Thompson Kamehameha Schools Trustee
Richard S.H. Wong Former Kamehameha Schools Trustee
Nathan Aipa Former Kamehameha Schools employee
Julian Ako Education: Na Kumu Book Advisory Group
Lyn Anzai Former Kamehameha Schools employee
Aaron Au Endowment
Wendell Brooks Former Kamehameha Schools employee
Wally Chin Former Kamehameha Schools employee
Michael Chun Kapalama Campus, headmaster
Dennis Fern Former Kamehameha Schools and Kukui, Inc. emp.
Gail Fujimoto Education - Kapalama High School head and Na Kumu Book Advisory Group
Guido Giacometti Former Kamehameha Schools employee
Mitchell Gilbert Former Kamehameha Schools employee
Neil Hannahs Endowment; Land Assets Division
Milton Holt Former Kamehameha Schools employee
Maryanne Inouye Compensation and benefits
Gilbert Ishikawa Former Kamehameha Schools employee
Louanne K.L. Kam Legal Affairs, Litigation Legal Division
Christine Lee Former Kamehameha Schools employee
Dee Jay Mailer Kamehameha Schools, CEO
Eric Martinson Former Kamehameha Schools employee
Hamilton McCubbin Former Kamehameha Schools CEO
Myron Mitsuyasu Internal Audit
Bruce Nakaoka Former Kamehameha Schools employee
Gilbert Tam Former Kamehameha Schools employee
Sabrina Toma Legal Affairs, Education Legal Division
Sandie Wicklein Former Kamehameha Schools employee
Colleen Wong Legal Affairs
Eric Yeaman Former Kamehameha Schools employee
James Ahloy Former officer/director Paradise Petroleum
James Cribley Current officer/director of P&C Insurance
Peter Lowe Former officer/director P&C Insurance
Clyde Mark Former Kamehameha Schools employee; former officer/director P&C Insurance
Rodney Park Former Kamehameha Schools employee; former officer/director P&C Insurance
Ron Poepoe Current officer/director P&C Insurance
Rocco Sansone Current officer/director P&C Insurance
Wallace Tirrell Current employee Kamehameha Investment
Kehau Abad Na Kumu Book Advisory Group
Kawika Eyre Na Kumu Book Advisory Group
Randie Fong Na Kumu Book Advisory Group
Keala Kwan Na Kumu Book Advisory Group
Kawika Makanani Na Kumu Book Advisory Group
Larry McElheny Na Kumu Book Advisory Group
Janet Zisk Na Kumu Book Advisory Group
Paul Alston Attorney for Mitsui Trust & Banking
Eugene M. Dominique Federal Insurance Co.
Patrice A. Fray, AIC XL Insurance (Bermuda)
Kenneth B. Hipp Attorney for Former Trustees
Janet S. Hughes Internal Revenue Service
Hugh Jones Dept of the Attorney General, Hawaii
Robert S. Katz Attorney for Torkildson Katz, et al
Gensiro Kawamoto Purchaser/lessee of Kamehameha Schools real estate
Wilfred K. Kawano Island Insurance Co.
Judge Samuel King Federal District Court Judge
David A. Loo John Mullen & Co.
Benjamin Matsubara The Kamehameha Schools
Colbert Matsumoto The Kamehameha Schools
Terry Mullen John Mullen & Co.
Sanford Murata Trustee, Aloha Tower Associates Bankruptcy
J.P. Schmidt State of Hawaii, Insurance Commission
Jeffrey H.K. Sia Attorney for P&C Insurance
Sukamto Sia Purchaser/lessee of Kamehameha Schools
Susan Tius Attorney for The Kamehameha Schools
Arthur Tobin PriceWaterhouseCoopers
Michelle H. Tucker, CPA Chapter 7 Bankruptcy, Trustee [sic]
Mary Lou Woo Chapter 7 Bankruptcy, Accountant [sic]
“Mr. Harmon should be ordered to not communicate with any former, present, or future Trustee of The Kamehameha Schools, any officer or employee of The Kamehameha Schools, or any past, present or future officer, director or employee of any subsidiary or affiliate of The Kamehameha Schools. Mr. Harmon has been advised that any communication he may legitimately have with The Kamehameha Schools, including its subsidiaries and affiliates, must be directed through Honolulu attorney, Matt A. Tsukazaki, and the only legitimate subject matter that presently exists would be a question related to his retirement plan with The Kamehameha Schools.
“On June 18, 2004, the Arbitrator issued an interim order which is to remain in effect until the entry of the final Award in this proceeding....
“Just one day after the issuance of the interim order, Mr. Harmon sent copies of two letters dated June 17, 2004 and addressed to attorney Matt Tsukazaki to numerous individuals who have no relationship to this proceeding. Mr. Harmon’s actions are in direct violation of paragraph 1 of the interim order....
“Furthermore, Mr. Harmon sent copies of his June 18, 2004, letter addressed to the American Arbitration Association and which protests the Interim order to 57 different individuals and entities. His letter included direct quotes from a substantial portion of the order. Again, Mr. Harmon’s actions are in direct violation of paragraph 1 of the Interim order....
“On June 17, 2004, we checked the www.the-catbird-seat.net website and discovered that although the HarmonArbitration “Background” information was still present, Mr. Harmon had removed all the pleadings and correspondence which had been situated at this sub-directory. However, when checking the website today, we noticed that all the pleadings and letters have been reinstalled. Once again, this is in direct violation of the interim order....
“It is abundantly clear that Mr. Harmon has no intention of complying with the decisions and orders of the Arbitrator. The Trustee believes that unless the interim order is promptly and strictly enforced, the violations as noted will continue. The Trustee also believes that unless the final arbitration award includes a provision which promptly and severely levies substantial monetary penalties against Mr. Harmon for any violations of the order, he will continue to mock these proceedings and escalate his attacks on the Settlement Agreement thereby preventing the Trustee from bringing the Chapter 7 bankruptcy case to conclusion and wrecking havoc among the signators to the Agreement.”
< END OF QUOTATION >
The short answer to all that Steven Guttman has claimed above is that, as I stated in my letter to you dated June 18, 2004:
“Judith Neustadter Fuqua’s decisions clearly violate Respondent’s Constitutional First Amendment Rights to Freedom of Speech, and of the Press, and cannot be allowed to stand.
“To quote the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
“As I am not an attorney, and as P&C Insurance Company has not yet legitimately responded to my tender of defense in this case, I must respectfully request that Judith Neustadter’s decisions be set aside until such time as I obtain legal advice as to whether or not these decisions violate my Constitutional Rights to Freedom of Speech and of The Press.
“For the above reason, and for all the reasons I have presented in previous letters, I must again request that the American Arbitration Association immediately discharge Judith Neustadter Fuqua as the arbitrator in this case.”
“The Internet address for Respondent’s web page in question is:
www.kycbs.net/HarmonArbitration.htm
“By copy of this letter, I am hereby seeking the advice and assistance of a number of concerned citizens and public service organizations.”
Steven Guttman’s letter says nothing to address this most important legal issue of my First Amendment rights. Therefore, in absence of any legal argument to the contrary, I must assume that, as a citizen of the United States, I still have the Rights to Freedom of Speech and of The Press, and to petition the Government for a redress of grievances.
In addition to this short, but compelling, answer I hereby make the following observations:
1. I have never directly contacted many of the individuals Mr. Guttman has shown on his list. (Some contacts have been through their attorneys.)
2. Some of the persons on the list have been sent copies of my correspondence because of their governmental regulatory or law enforcement responsibilities. These persons include: Janet S. Hughes, Internal Revenue Service; Hugh Jones, Dept. of the Attorney General, Hawaii; the Honorable Samuel King, Federal District Court Judge; and J.P. Schmidt, State of Hawaii, Insurance Commission. I certainly believe that First Amendment guarantees would permit me to contact these agencies for complaints or reports of criminal activities.
3. I have no idea of why I would be prohibited from contacting Randall Roth as he has had no employment relationship with Kamehameha Schools.
4. Regarding the members of the Na Kumu Book Advisory Group, Kehau Abad, Kawika Eyre, Randie Fong, Keala Kwan, Kawika Makanani, Larry McElheny, Julian Ako, Gail Fujimoto, and Janet Zisk, several years ago individuals from this group contacted me regarding a book project for which they wished me to give an interview. The correspondence which Claimant is saying violates the Settlement Agreement and the “letter writing campaign” issue that is the focal point of this arbitration, was merely my response to a communication initiated by the Na Kumu Book Advisory Group. Including them on the list of persons with whom I am not to communicate is the best evidence I can imagine of the ongoing attempts by Trustee Mary Lou Woo to violate not only my First Amendment rights, but also the rights of those involved in this Na Kumu book project.
5. The Claimant lists Benjamin Matsubara and Colbert Matsumoto as affiliated with “The Kamehameha Schools.” These two individuals have served as Masters for the Estate of Bernice Pauahi Bishop; however, I believe that Claimant’s characterization of them as being “affiliated with” the Schools is misleading. The letter referred to on the website which Mr. Guttman would have removed, is my letter dated November 24, 1997, to Colbert Matsumoto. This letter was personally given to Mr. Matsumoto on this date, in the presence of one of my attorneys who had arranged the meeting. In no way can this letter be considered a breach of the Settlement Agreement, or a part of my “letter writing campaign.” A copy of this letter can be seen at the following internet address:
www.kycbs.net/AAA-ColbertMatsumoto-11-24-97.htm
6. Claimant has listed Jill Miura’s “Affiliation” as P&C Insurance. The initial letter that I sent to the attention of Jill Miura was dated May 27, 2003. This was a tender of defense letter regarding the instant arbitration and was addressed to P&C Insurance Company, c/o Aon Insurance Managers. I was asked to send this letter to Ms. Miura by P&C’s prior Captive Manager, Marsh Management Services, who had just informed me that P&C’s captive management services had been transferred to Aon. There is no way that this letter can be characterized as “harassment”, a breach of the Settlement Agreement, or as a part of a “letter-writing campaign.” This letter can be found at:
www.kycbs.net/AAA-P-C-5-27-3.htm
7. Claimant lists David A. Loo and Terry Mullen from P&C’s independent claims adjusting firm, John Mullen & Co. There is no law that states that a person cannot submit an insurance claim directly to the insurance company’s licensed claims adjuster. In this case, I was not receiving a proper response from Kamehameha Schools or P&C Insurance Company, so my action in sending the claim directly to John Mullen & Co. was not an improper act on my part. In no way did this action breach the terms of the Settlement Agreement, nor could it be considered “harassment” or as a part of an improper “letter-writing campaign.”
8. Mr. Guttman states in his letter of June 19, 2004, “... Mr. Harmon has been advised that any communication he may legitimately have with The Kamehameha Schools, including its subsidiaries and affiliates, must be directed through Honolulu attorney, Matt A. Tsukazaki, and the only legitimate subject matter that presently exists would be a question related to his retirement plan with The Kamehameha Schools. Yet, Claimant has included on her list the name of Maryanne Inouye, who is the Compensation and Benefits person who I have previously been contacting with questions related to these matters. As I have explained in many previous letters, I would be most willing to direct future letters to Mr. Tsukazaki if he will simply provide me with an Attorney of Record letter from any of these entities which sets forth his scope of duties. As I have stated before, Mr. Tsukazaki is not a licensed claims adjuster for any insurance company, and is not an authorized person to deny or to negotiate settlement of claims (including my original “whistle-blower” and RICO lawsuits). Also, Mr. Tsukazaki seems to believe it is acceptable practice to ignore written claims made against Kamehameha Schools as well as his own law firm, Torkildson, Katz, Fonseca, Moore & Hetherington. I would remind everyone that not reporting legitimate claims to Bishop Estate’s insurance carrier was a major issue in my RICO lawsuit, and one which I alleged cost Princess Pauahi’s beneficiaries millions of dollars. This document can be found at:
9. Mr. Guttman includes on his list the names of Gensiro Kawamoto and Sukamto Sia, both as “Purchaser/lessee of Kamehameha Schools real estate. These two individuals in no way participated in the Settlement Agreement, and have not been subjected to “harassment” from my “letter-writing campaign”. They have suffered no damages and, to the best of my knowledge, have not complained to the Trustee about any of my actions. There are ample, scurrilous reasons, however, that Kamehameha Schools and Torkildson Katz would like the Arbitrator to suppress the information contained on the internet at:
www.kycbs.net/GensiroKawamoto.htm
and
www.kycbs.net/IndonesianConnection.htm
10. Mr. Guttman includes the name of James Ahloy, former officer/director of Paradise Petroleum on his list. Again it appears that Mr. Guttman is attempting to suppress information that might be embarrassing to Kamehameha Schools and others, but which is public information and is in no way a breach of the Settlement Agreement. This web page is located at:
11. A large majority of the letters listed on the website were written to explain why I do not consider Judith Neustadter Fuqua to be a neutral arbitrator. They have nothing to do with the Settlement Agreement or the “letter-writing campaign” matter which was at issue of this arbitration. Therefore, they should not be subject to removal from the website.
12. The material on the website is copyrighted, proprietary property. All information at this site is a result of personal investigation and, to the best of my knowledge and belief, is public information. To order it removed now would cause Respondent personal financial loss. If the Arbitrator had intended for the Hearings to be closed, and all related documents sealed, then she should have so ordered from the beginning of the proceedings, and not waited until two days before the Hearings to declare that they were to be closed. Once I had placed these documents and letters on the internet, they became public information and there is no practical way to recall them.
13. A number of the names on Mr. Guttman’s list are apparently there only because they were named in one or more of my claims letters addressed to various entities. All these individuals were named by me in NEW CLAIMS that arose AFTER the Settlement Agreement was signed. Therefore, these claims cannot be considered a breach of the Settlement Agreement, and the mere reporting of these claims cannot be deemed to be “harassment” or a part of my “letter writing campaign”. The only claims that have received a response from an authorized insurance company claims adjuster have been my tender of defense to Island Insurance Company, and my claims to Bradley Tamm and Greg Dunn. The rest of these claims have not been responded to by a licensed adjuster – including my claims against Matt Tsukazaki, Torkildson, Katz, Fonseca, Moore & Hetherington, and Steven Guttman, Kessner Duca Umebayashi Bain & Matsunaga. The following letters listed on the website constitute legitimate reports of NEW claims which were NOT released by the Settlement Agreement, and cannot be considered as part of a “letter-writing campaign”:
www.kycbs.net/AAA-P-C-6-21-2.htm
www.kycbs.net/AAA-Hipp-Claim-6-24-2.htm
www.kycbs.net/AAA-PWC-Claim-6-25-2.htm
www.kycbs.net/AAA-P-C-7-27-2.htm
www.kycbs.net/AAA-KAA-Claim-7-30-2.htm
www.kycbs.net/AAA-Marsh-Claim-8-2-2.htm
www.kycbs.net/AAA-PWC-Claim-8-3-2.htm
www.kycbs.net/AAA-Tamm-Claim-9-1-2.htm
www.kycbs.net/AAA-Kukui-Claim-2-24-3.htm
www.kycbs.net/AAA-XL-Claim-2-27-3.htm
www.kycbs.net/AAA-Katz-8-13-3.htm
www.kycbs.net/AAA-Guttman-Claim-12-12-3.htm
www.kycbs.net/AAA-KS-Claim-12-12-3.htm
www.kycbs.net/AAA-Tius-Claim-12-12-3.htm
www.kycbs.net/AAA-Tsukazaki-Claim-12-12-3.htm
www.kycbs.net/AAA-AonClaim-1-26-4.htm
www.kycbs.net/AAA-AonClaim-1-27-4.htm
www.kycbs.net/AAA-P-C-1-28-4.htm
www.kycbs.net/AAA-P-C-2-25-4.htm
www.kycbs.net/AAA-McCubbin-Claim-3-8-4.htm
www.kycbs.net/AAA-Katz-Claim-6-17-4.htm
www.kycbs.net/AAA-P-C-6-17-4.htm
www.kycbs.net/AAA-Guttman-Claim-6-19-4.htm
For the above reasons, and others to numerous to begin to describe, I continue to maintain that there can be no legitimate reason, or practical way, for removing the ENTIRE sub-directory www.kycbs.net/HarmonArbitration.htm and its related entries scattered throughout the website.
Even if deleted, this information will be retained for years to come on hundreds of search engines around the world in their “cached” files; in postings in thousands of individual blogs, and in public interest sites such as freerepublic. and Transparency International. Someone once told me (I believe it was one of my lawyers), “How do you un-ring a bell?”
Although removal of the entire sub-directory would be a violation of First Amendment guarantees, I do have a practical solution to this problem. I would be willing to voluntarily REDACT any material from any of my letters or documents that Mary Lou Woo and Steven Guttman reasonably consider to be confidential or attorney-client privileged information under the terms of the Settlement Agreement. This would include quotations of any of the terms of the Settlement Agreement itself. If this suggestion would be acceptable to the Arbitrator, then I would ask Mr. Guttman to list those documents containing such confidential material and describe those portions which he believes should be redacted.
Thank you for allowing me the freedom to present this response.
Sincerely yours,
Bobby N. Harmon
cc: Mary Lou Woo, Trustee,
c/o Steven Guttman, Esq., Kessner Duca Umebayashi Bain & Matsunaga
(via fax only @ 808-529-7177)
Attorney General John Ashcroft
U. S. Department of Justice, www.usdoj.gov
(via e-mail: AskDOJ@usdoj.gov )
Lyn Flanigan Anzai, Executive Director
Hawaii State Bar Association, www.hsba.org
(via e-mail: lanzai@hsba.org )
Public Citizen, www.citizen.org
(via e-mail: ckenny@citizen.org )
First Amendment Center at Vanderbilt University, www.firstamendmentcenter.org
(via e-mail: info@fac.org )