Bobby N. Harmon, CPCU, ARM
Louisville, Kentucky 40229-1655
July 1, 2003
VIA fax only @ (559) 490-1919
Ms. Julie A. Schermerhorn, Supervisor
American Arbitration Association
6795 North Palm Avenue, 2nd Floor
Fresno, CA 93704
Re: 74 166 00491 03 JUSC - Mary Lou Woo, Trustee vs. Bobby N. Harmon
Dear Ms. Schermerhorn:
This letter is in response to Steven Guttman’s letter to you dated June 30, 2003, in which he states:
“After our telephone conversation of this date, I re-read Mr. Harmon’s June 23 letter. Quite frankly, I don’t understand your interpretation of his letter. I think both Mr. Harmon and I (see my letter dated June 20, 2003), were politely stating that we do not believe Mr. Batchelder can in good faith proceed as the arbitrator because of his relationship with Mr. Tamm. I also disagree with your interpretation of my June 20 letter.”
As I do not know the details of your conversation with Mr. Guttman, I do not know what your interpretation of my letter of June 23 might be. I do disagree with Mr. Guttman’s interpretation, however, which infers that I believe that Mr. Batchelder cannot in good faith proceed as the arbitrator because of his relationship with my previous attorney, Bradley Tamm. As I stated in my letter, “This is not meant to question his ability to maintain his impartiality in this situation.”
In his letter of June 30, Mr. Guttman goes on to state:
“On a separate but related matter, you may have noticed that whenever Mr. Harmon communicates in writing with your office, the Trustee and/or anyone else who may have a vague relationship to the matters at hand, he transmits copies of his correspondence to an extensive list of individuals. This practice of “sharing” information concerning a confidential Settlement Agreement is among Mr. Harmon’s activities which the Trustee is stating in this proceeding is a breach of the terms of the Agreement. Mr. Harmon is well aware of our grievances concerning his “sharing” practices. Pending resolution of the disputed issues, we would appreciate your instructing Mr. Harmon to limit his practice of transmitting copies of our correspondence to those individuals who are directly involved with this proceeding, which is your office and my firm.”
First, I must object to Mr. Guttman’s characterization of the “extensive list of individuals” as persons who may have a “vague” relationship to the matters at hand. I certainly believe that the Attorney General of Hawaii, the advisor to Governor Lingle, the Hawaii Insurance Commissioner, the IRS, the insurance companies that I am seeking to have provide counsel to me in this case, and the others that I am “sharing” this information with, all have substantial, concrete interests in these matters. If you need additional information regarding the relationships of these individuals to the matters at hand, I recommend the following website:
Secondly, I maintain that the “sharing” of information with law enforcement agencies, concerning what I consider to be racketeering activities, does not violate the Settlement Agreement. I could present lengthy arguments in support of this position; however, it is my understanding that the proper forum for these arguments lies within the Arbitration process itself, rather than being a matter to be addressed by your office.
Thank you very much for your direction and assistance in this matter.
Sincerely,
Bobby N. Harmon, CPCU, ARM
cc: Mary Lou Woo, c/o Steven Guttman, Esq. (via fax @ 808-529-7177)
Clyde Mark, President, P&C Insurance Company, Inc. (via fax @ 808-540-4301)
Casimer Fidele, Tradewind Insurance Company (via fax @ 808-521-7489)
Atty. Gen. Mark Bennett, State of Hawaii (via fax @ 808-586-1239)
Randy Roth, Office of the Governor (via fax @ 808-586-0006)
J. P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
Cliff Rones, U.S. Dept. of Justice, Criminal Div. (via fax @ 202-514-7021)
Federal Bureau of Investigation, Honolulu Office (via fax @ 808-566-4470)
Tai K. Lee, Special Agent, U.S. Dept. of the Treasury (via fax @ 808-539-2810)
Wade Clark, IRS, Criminal Investigation, Tempe Office (via fax @ 602-207-8010)
Janet S. Hughes, Mgr., Exempt Organizations, IRS (via fax @ 303-844-3596)