U S Dept of Justice, David C. Farmer, Trustee vs. Harmon

THE UNITED STATES DEPARTMENT OF JUSTICE

OFFICE OF THE U.S. TRUSTEE

David C. Farmer, Successor Trustee
vs.
Bobby N. Harmon

(Formerly Mary Lou Woo vs. Harmon and James Nicholson vs. Harmon)

CV05-00030 DAE/KSC

United States District Court, District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

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DEFENDANT’S WITNESS

LYN FLANIGAN ANZAI, Esq.

Lyn Flanigan Anzai, is the wife of former Hawaii Attorney General Earl Anzai; Executive director, Hawaii State Bar Association; former Senior counsel, corporate investment division, Kamehameha Schools/Bishop Estate; former general counsel and corporate secretary for Hawaiian Airlines; former private practice attorney, Goodsill Anderson Quinn and Stifle; on the Boards of the East-West Center, Red Cross of Hawaii, YWCA of Oahu, Friends of the William S. Richardson Law School.

Hawaii State Bar Association
1132 Bishop St., Suite 906
Honolulu, HI 96813

Fax: 808-521-7936
e-mail: lflanigan@hsba.org

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NEW DISCOVERY (09/04/09):

GOOGLING FOR HAWAIIAN AIRLINES + BANKRUPTCY + EARL ANZAI + LYN ANZAI + JOSHUA GOTBAUM + JUDGE ROBERT FARIS + PAUL ALSTON + DAVID FARMER..." - (An Exhibit in CV05-00030 - U S Dept of Justice vs Harmon)

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NEW DISCOVERY (08/14/08): David Farmer’s undisclosed relationships with Marsh & McLennan; Mercer Consulting Services; Aloha Airlines; Hawaiian Airlines; Earl Anzai; Lyn Anzai; Joshua Gotbaum; AIPAC; Ben Cayetano; Linda Lingle; others:

March 17, 2002

Dead air deal rankles Aloha

By Susan Hooper, Honolulu Advertiser

The proposed merger between the state's two local airlines foundered because Hawaiian Airlines wanted to change the terms of the agreement, including eliminating the Houston consulting firm coordinating the deal, the chief executive of Aloha Airlines said in a statement today.

Hawaiian's proposal also would have given Hawaiian chairman John Adams the top spots in the merged airline, eliminating Greg Brenneman, the TurnWorks executive who had been orchestrating the merger, according to Glenn Zander, Aloha's president and chief executive officer.

"Aloha could not accept Hawaiian's new proposal because in our judgment, it was not in the best interest of the state, the traveling public or Aloha's shareholders and employees," Zander said.

The details emerged a day after Hawaiian said it was pulling out of the deal because it did not wish to extend what it called an April 18 "outside date for completing the merger." It said increasing costs and risks of the deal were factors.

The announcement surprised many in the state, including employees of both airlines and state legislators who as late as last Tuesday had held a hearing on the merger.

Today, Zander said Hawaiian's action was "regrettable" and said members of Aloha's board of directors voted unanimously to reject Hawaiian's proposal. He also praised Brenneman and TurnWorks for their work on the merger.

Hawaiian spokesman Keoni Wagner said tonight, "We don't necessarily agree with Aloha's characterization of the negotiations, but we also choose not to discuss publicly what would otherwise be private conversations."

The apparent power grab by Adams came even though he and his affiliated companies would have been the financial winners if the merger had gone through. Adams stood to receive assets valued at about $109 million. Adams, his companies and other Hawaiian shareholders also would have held a 52 percent stake in the new airline.

Under terms of the original merger, the shareholders of privately owned Aloha Airlines — many of them relatives of the company founders — would have gotten 28 percent of the merged airline, worth an estimated $56 million.

TurnWorks would have received a 20 percent stake in the company.

For more than a year, Aloha and its consultant have viewed TurnWorks and Brenneman as essential to the success of the merger, according to documents filed with the Securities and Exchange Commission last month that outlined how the merger came about.

Aloha's consultant, Mercer Management, initially approached Brenneman in February 2001 asking whether he wanted to invest in the airline. In July, Brenneman, a former top executive with Continental Airlines, met further with Mercer to discuss a possible investment and subsequent merger with Hawaiian.

Hawaiian officials, contacted in August, initially appeared cool to the idea but after the Sept. 11 terrorist attacks, and subsequent downturn in travel, they agreed to "discuss a possible merger involving the two airlines and TurnWorks," according to the documents.

On Sept. 22, according to the documents, Mercer and senior management officials of Aloha and Hawaiian met and Mercer proposed that both airlines should continue to include Brenneman and TurnWorks in the merger discussions as Brenneman "was likely to be an important factor in creating an agreement between the two airlines, leading the integration efforts, and running the combined carrier and in generating maximum value for shareholders of both companies."

On Sept. 25, the documents say, all parties agreed to proceed with merger talks. They also agreed "that the involvement of TurnWorks and Brenneman would be an important factor in consummating a deal, as past efforts to combine the two airlines were not successful."

TurnWorks officials said in a statement today, "We were surprised and disappointed (by Hawaiian's decision) ... The failure to extend the timetable essentially precludes completing this complex transaction....

The abrupt end to the merger, which was announced Dec. 19, leaves the future of the two airlines and of Hawai'i's interisland airline market uncertain. In announcing the deal three months ago, executives with both airlines said they needed to merge because conditions in the airline industry — and in the interisland market in particular — had made it impossible for them to survive separately.

After the Sept. 11 attacks, both airlines lost tens of thousands of dollars a day and furloughed hundreds of workers. In recent weeks, as the Mainland economy has recovered, there have been signs of improvement in the local airline market.

Still, documents filed with the Securities and Exchange Commission show that Aloha is financially more vulnerable than Hawaiian. The privately held airline has more debt on its books and reported a $1.25 million loss at the end of the third quarter Sept. 30. The airline also has smaller and older aircraft and fewer flights to the Mainland.

Today Zander said Aloha has its own business plan to move ahead "on a stand-alone basis." Aloha spokesman Stu Glauberman said Zander will be meeting with Aloha's employees' union executives tomorrow.

Before the announcements over the weekend, the two airlines had been working on a joint application to take advantage of a special antitrust exemption granted by Congress last November to cooperate on some operations, such as routes, scheduling and pricing....

Gov. Ben Cayetano had been a supporter of the merger and said today, "The failure of the merger had nothing to do with the U.S. Department of Justice, the state Legislature or public opposition. This was a business decision that we will have to accept. The state administration will do its best to try to assure that Hawai'i will continue to have two viable interisland carriers."

State Sen. Ron Menor, D-18th (Mililani, Waipahu, Crestview), chairman of the Senate Commerce, Consumer Protection and Housing Committee, had opposed the merger and his committee took part in statewide hearings....

The mood among workers at Honolulu's interisland terminal was split between the two airlines today, with Aloha employees grim-faced and in no mood to talk about the failed merger, and Hawaiian employees buoyant.

Baggage handlers outside the Hawaiian half of the terminal this afternoon burst into ebullient giggles when asked how they and their co-workers felt about the merger being called off.

"We still have our jobs!" said Thad Estrada, one of the Hawaiian handlers. "Everybody is pretty happy right now. There had been a lot of stress lately, and then today, even though all the schedules and everything are still the same, everybody is smiling. It sure makes the day go better."...

Outside the terminal, Tammy Castro of Mililani and Diane Halemano of Makakilo grew tired of driving around the airport while waiting to pick up relatives, and parked in a lot to talk until their cell phones rang.

"Did you see about the merger?" Castro said. "Oh, I am so happy."

Castro said she'd signed a petition earlier, asking that the merger be stopped.

"They'd have a monopoly on the fares, and we'd have no one else to go to," she said. "We need a choice. People would lose their jobs and we already have enough unemployment. Besides," she added. "No offense, but I just love Aloha."

www.kycbs.net/MM-Mercer.htm

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NEW DISCOVERY (07-08-08): E-mail regarding witness Judge Susan Oki Mollway:

Check out James B. Nicholson, Trustee vs. Harmon - Witness Judge Susan Oki Mollway

Tuesday, July 8, 2008 4:43 PM

From: Mutant Ninja Cats

Re:

James B. Nicholson, Trustee vs. Harmon - Witness Judge Susan Oki Mollway

FYI: Susan Oki, Echi Oki, Dan Mollway, Airline Industry, SEC, and the Broken Trust Asian Pacific Bamboo Legacy in collusion with AIPAC Political influence in the powerful influential Defense Appropriation Committee members {Ted Stevens and Duke Cunningham} under Hawaii U.S. Senator Daniel Inouye's leadership...... and the stealth Political, Economic, and Socialized intents for the pending AKAKA BILL in Congress, documented, again, under "A Confederacy of Dunces" {Forbes}.

Hey CB....this one is the ultimate "insiders" in Hawaii regulatory Government for the Broken Trust cabals linked to the Hawaii Legislature members including their own Federal Reps in Washington protecting their Hawaiian Hui "inside" investors from Southeast Asia to Wall Street:

I talked with the State Ethic's Commissioner / Director, Dan Mollway....Ms. Susan Oki's husband... about the BIG conflicts of interests involving our case against the State DLNR, The Ombudsman Office Director, The DCCA Rico "Investigations" with huge Political cover-ups involving the ANZAI's and the Hawaii Judicial system protecting their own regulatory local hui investors linked to the Bishop Estate Trustees.

Dan Mollway was involved with the "separate" Investigations involving the DLNR Bureau of Conveyance Public land records being ILLEGALLY manipulated and tampered for "Controlled Business" practices by the private sector {Title Guarantee Company employees with Realtors linked to Hoiku Consultant private computers being placed strategically in Public Office Government Buildings linked to the Hawaii Legislature members and the KSBE investments under Headmaster Colbert Matsumoto}.

He claimed that the State Ethics Department was still in the process of their own "separate" investigations {with vague public follow-ups since last year} while the State of Hawaii Attorney General's office conducted their own internal "investigations" in conjunction with a Third Investigations by the Hawaii Legislature members with their Union supported employees!

This again, is the same as a California PYRO MANIAC investigating his own blazing Wild Fire, while creating numerous distracted small fires around the BIG MAIN BON-FIRE, to attention away from his malicious and well calculated deeds!

The gas can {State of Hawaii DLNR Public Forgery Document Executive Order 3117 with a false Public misleading Official GAO Survey Map} with the match {The original suppressed DLNR Legal Access documents} and the remaining evidence with charred ruins {The Hawaiian Airline Pilot's family Bankruptcy proceedings implicating the KSBE and U.S. Trustees mishandling and suppressing the FRAUD} is all their for the "Investigators" conducted by the same Hawaii Buzzards and Vultures linked to the BROKEN TRUST Hawaii Legislature members, again, conducting their own Public Relation separate "investigations" for their Union memberships obtaining bribery gifts and favors {Oriental customs?}; The Hawaii State Ethics Director, linked to the Bamboo network Hawaii Judiciary system Huis with their own separate Public Relation damage control "investigations" to nowhere under the Hawaii AG's Office....promoting a Sovereign Hawaiian Bill, based on Illegal Political Constructive Fraud in Washington {1993 Simple Federal Apology Resolution to Hawaii by Senators Daniel Inouye and Akaka} while ignoring blatant Public Fraud and Political Corruption with OBSTRUCTION OF JUSTICE with HUGE CONFLICTS OF INTERESTS for: "SOCIAL EQUALITY AND POLITICAL JUSTICE FOR ALL" in Washington......

DOESN'T GET MUCH BETTER THAN THIS while Congress protects their own vested interests under the Political Department of Injustice cabals while helping spread American Democracy and American Values in the controversial Middle East and around the World!

Some interesting bit of side notes involving Ms. Susan Oki and her father....a former member of the famed 442 U.S. Military Regiment: My father, a former World War 11 Combat photographer in the South Pacific theatre, was married to a local Japanese during the War. He was a distant Political acquaintance and supporter for Jack Burns in Kailua, Oahu. They both belonged to the Kailua Lions Club and were both members of the private Lanikai Mid-Pacific Country Club....mostly all haole members after the War years.

My father was involved in a very fraudulent Hawaii land purchase and sale during the 1950s involving a corrupt Hawaii land surveyor and a fellow Irishman linked to the Hawaii Judges family members. After he relocated to San Francisco in the early 1960s, he retained a Hawaii attorney whom I believe was none other than Echi Oki.....from Honolulu, linked to the famed 442 Hawaii Military Brigade members whom he always supported due to the persecution of the local Hawaii Japanese community after Pearl Harbor.

Echi Oki, again, had close political links vis-a-vis their Military Service to Dan Inouye and their tight knit Hawaii 442 hui cabals.....prior and after the 1954 Hawaii Legislature Revolution. My father lost the Court case, despite the SELLER testifying in favor of my fathers allegations...... with huge conflicts of interests since the Judge was related to the Hawaii Judge {Taveras}.

Another side Note with the Airline Industry: I was personally involved with the earlier Bankruptcy proceedings with Frontier Airlines in Denver {1986} which later involved Drexel Burnham Wall Street investors linked to Frank Lorenzo and Carl Ichan in New York. Like Mr. Rodney Stich, the FAA investigator making allegations against United Airlines in Denver, I was singled out with several others for exposing blatant FAA rules and blatant Public Safety violations involving massive fraud and corruption benefiting short-cutting - Airline cost saving procedures...comprising massive Public Safety cover-ups and FAA regulatory with damage control omitted issues involving the new non-unionized, young and ignorant work force.

This all began with the across the board firings for the FAA Air Traffic Controllers soon after the Reagan - Bush Sr Tenure came into Office in 1981. The massive Airline De-regulations in Washington vis-a-vis Wall Stree profiteers, {i.e. - Michael Milken, Marc Rich, Ivan Boesky} during the roaring unregulated 1980s which became famous with the Movies: WALL STREET {Michael Douglas} and "BARBARIANS AT THE GATE".

AIPAC'S Norman Brownstein, based in Downtown Denver, vis-a-vis my former Brownstein political mole "girlfriend" , New York attorney Lisa Holstein, was responsible for helping Lorenzo with the Texas Continental Airline gang members to get out of their Prime gate and exclusive lounge commitments, including a faulty Automated Baggage system, involving more massive fraud and cover-ups at the new Denver International Airport were allowed to quietly relocate back to their Houston based "Texas Air Corp" headquarters.

In 1993, Clinton denied Frank Lorenzo, with his New York Attorney wife with Chase Manhattan Bank, as well as their Texas Air Corps - Colorado Resort land investors in Aspen & Vail {Phillip Winn Group}, to continue manipulating the SEC within the confines of the "insiders" under the lucrative "De-Regulated Airline Industry" mergers using Union Pension plans for lucrative leveraged acquisitions....compromising Public Safety and FAA violations with massive cover-ups in Washington.

Again, like former FAA investigator, Rodney Stich, doing his job, I became another Politcial liability, which is the former "inside" Dept of Justice / CIA lawyer, Norman Phillip Brownstein's expertise specialized job as Mr. Fix It at DIA; Protecting SEC Billionaire Fugitive's such as Marc Rich and HUD Director Phil Winn, while sheltering Drug Traffic cabals with Florida's Jack Devoe...for helping AIPAC's Political "cause" in Washington DC into vested SECURITY interests in the secular Middle East.....of course....always using OPM: The defrauded & obliviouos American Public Tax Payers left holding the bag on Wall Street to Main Street.

Brownstein's young, former single AIPAC New York mole attorney, Ms. Lisa Holstein, like others linked to AIPAC and David Steiner, as well as former CIA - U.S. federal prosecutor - Hawaii Public Safety Director, John Peyton, are reported deceased in New York and remote Africa?

The Rocky Mountain High - SILVERADO DNC Political Convention in Denver, Colorado, moving the Public cost over-run to a larger media exposure event with INVESCO Stadium {Bronco Pro Football Stadium...who are clients of NORM BROWNSTEIN, JACK HYATT, AND STEVE FARBER, now joined by former GOP Denver University CABALS - former Colorado RNC Chairman, Commercial Real Estate Investor and Resigned Department of Veterans Affair Director - James "De Oppressor Libre" Nicholson, linked to former Colorado RNC Chair, for convicted Swiss Ambassador - HUD Director - Phil Winn {DU Professor} with former DU Secretary of Interior Gale {CREA} Norton, as well as the latest new GOP University of Colorado connections to former U.S. Senator / UC President Hank Brown....involved in the "E Pluribus Unum" Wall Street article related to: THE 1993 Simple FEDERAL APOLOGY RESOLUTION TO HAWAII under Clinton with Political Constructive FRAUD and Public cover-up intents for the future Public subsidized AKAKA BILL in Congress....pending in Washington since 2000, after the U.S. Supreme Court decision over ruling the Hawaii Political Judicial system hidden under the Political Ninth District Circuit Court of Appeals, involving 'RICE V. CAYETANO' {Office of Hawaiian Affairs}.

Hope this "inside" information and insights can help you!

- little ninja cats with nonprofit coconut crab club

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NEW DISCOVERY (05-10-08): David Farmer’s undisclosed connections with AIPAC and “Bush’s Brain”, Karl Rove:

From: little ninja cats

Date: Sat, 10 May 2008 01:26:40 EDT

Subject: Check out The Raw Story | Official probing Rove now under investigation himself

To: sf.nancy@mail.house.gov, senator@akaka.senate.gov, ustrustee.program@usdoj.gov, admin@ehawaii.gov, jurisnot@yahoo.com, bobby_n_harmon@yahoo.com, hwburgess@hawaii.rr.com, Ken_Conklin@yahoo.com, rroth@hawaii.edu}

The Raw Story | Official probing Rove now under investigation himself

"While Rove Fiddled; The Bush was Burning"? or........White men who can't dance?

ck out:

Dismissed U.S. Attorney's Carole Lam {California} and Frederick Black {South Pacific}.

HATCH ACT and the 1978 Hawaii Constitutional Convention:

a} Congressional Defense Appropriation Committee members, previous Bureau of Indian Affair Chairman, Veterans Affair Committees, Intelligence Committees, Special Counsels {Iran - Contra / Central America International Committees} Bishop, Baldwin, REWALD, Dillingham & Wong, for Hawaii U.S. Senator - Daniel Inouye - Defense Chairman linked to: hidden Public Pork Barrel proceeds for the lavish Hokulia Canoe for Hawaiians only programs / Women Abuse Shelters for Two Political Hawaii Legislature members involved in 1992 U.S. Senate race allegations for Sexual Harassment allegations / Private Defense Contractor Brent Wilkes - Hawaii ADSC Company fronts - Lavish Hawaiian Private Vacations - Luxury Private Accommodations - Hawaiian "Entertainment" linked to Asian Pacific Advisory Council Politicians {Prince Hotels} - AIPAC Lobbyist for Akaka Bill; {Dismissed U.S. Attorney - Frederick Black, Political Appointee under former CIA Director / Vice-President / President George H. Bush linked to former U.S. Federal Prosecutors John Peyton - Kenneth Starr in collusion with former Hawaii District Judges {deceased}: Martin Pence, Harold Fong, & California District Judge: Brian Tamahana}.

b} Alaska U.S. Senator - Ted Stevens linked to hidden Public Pork Barrel projects {Bridge To Nowhere} with family member to self serving Alaska Contractors - Home remodeling projects as well as lobbying ANWAR Bill under the Department of Interior {CREA} with members with the Defense Appropriation Committee Political links to members of Congressional Committees {I.E. - Veterans Committee Chairman - Daniel Akaka, sponsor for the stealth Akaka Bill with no Public voice or vote in Hawaii, Obstruction of Justice in the South Pacific {Jack Abramoff - Tom Delay} and the Broken Trust legacy in Hawaii, in political exchanges for continued political support for a Case of War in Iraq and the ANWAR Bill.

c} California Congressman - Duke "Dukestar" Cunningham: Defense Appropriation Committee member - Veterans Affair Committees linked to lavish Political briberies with Private Defense Contractors and CIA agents linked to Iraq War Appropriations in Washington DC, Southern California, and Hawaii lavish vacations - "Entertainment" with obstruction of justice linked to political Dismissed U.S. Attorney Carole Lam, linked to Political dismissed U.S. Attorney Frederick Black in the South Pacific involving Jack Abramoff {AIPAC} linked to Grover Norquist and Tom Delay {CNP - PNAC}.

Aloha Mai Mo. Aloha Aku: Do the Disavowed Facts matter for Special Counsel Scott Bloch with Karl Rove under Alberto Gonzales and the Broken Trust Legacy in Washington DC?

catbirds - south pac

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NEW DISCOVERY (05-08-08): David Farmer’s undisclosed conflicts of interest with Hawaiian Airlines and Hawaiian Airlines’ Chairman and CEO, Mark Dunkerley:

May 10, 2004

Hawaiian Airlines' president in holding pattern

By Debbie Sokei, Advertiser Staff Writer

The future of the man credited in large part with turning Hawaiian Airlines into a profitable venture once again will be up to the group that wins the bidding to take over the airline.

Forty-year-old Mark Dunkerley, Hawaiian's president and chief operating officer, joined the airline in January 2003 after a career with British Airways and Belgian carrier Sabena Airlines.

Since Dunkerley joined Hawaiian, the carrier has posted 12 consecutive months of operating profits and has ranked as the nation's No. 1 on-time airline for the past five months.

But while Hawaiian's path appears clear and on track to emerge from Chapter 11 bankruptcy in September, Dunkerley's future remains in limbo.

"You'd like to think when the new owners come in and the current management team is doing a good job, you would think they would keep them," said Bill Oliver, consultant with the Boyd Group, a Colorado-based airline consulting firm. "Unfortunately, that is not always the case."

Several bidders have proposed to take Hawaiian out of bankruptcy, and one plan will be chosen by Federal Bankruptcy Judge Robert Faris on Aug. 31.

Hawaiian filed for bankruptcy in March 2003 after the airline failed to reach agreement with Boeing Capital Corp. on lowering the cost of leases for Hawaiian's planes.

Corporate Recovery Group LLC, a Wyoming-based turnaround company and one of the bidders, said it will bring in its own management team if its plan is selected.

Bruce Nobles, former CEO of Hawaiian and a member of CRG, said he hasn't had the opportunity to talk to Dunkerley about staying on should that company prevail. "It's premature for me to speculate if he will be part of the team," Nobles said.

Hawaiian Holdings Inc., the parent company of Hawaiian Airlines, and Vx Capital Inc., a San Francisco-based airline investment company, are also proposing to take over the airlines.

Both investor groups have said they would retain Dunkerley.

Stephen Compagni Portis, a partner in Vx Capital, said Dunkerley has an impressive track record.

"If we are going to make an investment of $30 million, we need to be highly confident in the man who is going to lead this airline going forward as CEO," Portis said. "In a short period of time, Dunkerley has achieved some very impressive top-line revenues and bottom-line profitability."

Steadier performance

Hawaiian reported operating profit of $77.5 million and net loss of $49.5 million for 2003, compared with an operating loss of $52.2 million and a net loss of $57.4 million in 2002. The company also reported positive cash flow of $87 million for 2003, compared with $71 million the year before.

John Adams, chairman of Hawaiian Holdings, hired Dunkerley when Adams was the CEO of the airline before the bankruptcy filing. Dunkerley would be promoted to CEO under Hawaiian Holdings' reorganization proposal.

A shadow, however, hangs over Adams' bid to regain control of Hawaiian Airlines. The SEC is investigating Adams and Hawaiian Holdings for a $25 million stock buy-back program offered in May 2002 that critics said enriched Adams and his companies.

The buy-back program was one of the reasons that Hawaiian ended up under Chapter 11 protection and why the court appointed a trustee, Josh Gotbaum, to oversee the airline.

Given past events, Dunkerley's loyalty to Gotbaum might come into question. But Gotbaum has nothing but praise for Dunkerley's performance and leadership.

"As COO, Mark has done a superb job at both developing a vision for Hawaiian Airlines and bringing the management team together to implement it," Gotbaum said.

Despite his apparent support for Dunkerley, Gotbaum declined an Advertiser request to interview Dunkerley for this story. He said he did not want investors to think the airline management team is siding with any particular bidder.

Experienced manager

Dunkerley is a licensed commercial pilot with a bachelor's degree from the London School of Economics and a master's degree in aeronautics from the Cranfield Institute of Technology in the United Kingdom. His first position in aviation came as assistant to the CEO of Miami International Airport from 1985 until 1989.

Dunkerley then worked for 10 years at British Airways in various management positions, including three years as senior vice president for the airline's Latin America and Caribbean division.

In 1999 and 2000, Dunkerley served as president and chief operating officer at Worldwide Flight Services, a Dallas-based airport ground service provider. A year later, Dunkerley moved to Belgium, Brussels, where he was chief operating officer of Sabena Airlines Group before joining Hawaiian.

Jim Donovan, spokesman for Panda Travel Inc., one of Hawaiian's vendors and creditors, said Dunkerley has been able to establish a positive relationship with his employees, even with the severe cost-cutting that followed the Sept. 11, 2001, terrorist attacks.

"Mark has done a very good job in building trust," Donovan said. "If you have trust and teamwork, you have a real good chance of success."

Some Hawaiian Airlines employees, who spoke to The Advertiser on condition of anonymity after an edict issued by Gotbaum barring employees from talking to the media, said Dunkerley is liked by the rank-and-file. He has an open-door policy and a positive, "hands-on leadership style," they said.

Robert Winner, committee chairman of the clerical unit of the International Association of Machinists union, echoed the workers' generally positive take on Dunkerley.

"I have worked for the company for 35 years and I have never seen the president of the company come down and work on the ramp loading and unloading bags like he has," Winner said. "He also worked with the cleaners, the employees at the lowest level. I think he gained a lot of respect from the employees for doing that."

Skeptic speaks out

The praise, however, is far from unanimous. Jeff Lilley, a pilot for Hawaiian Airlines, said the company's success wasn't Dunkerley's doing.

"He might be a fine COO, but he's not the reason why we are where we're at today," Lilley said. "The success of the airline was put in place a few years ago under the leadership of Paul Casey, his management team, the acquisition of the fuel-efficient aircraft fleet, the excellent product the employees are putting out and the rebound of tourists coming to Hawai'i."

Dunkerley's part in Adams' management team, who some workers and Hawaiian Holdings shareholders still blame for the company's bankruptcy, could also cast a cloud over his prospects.

Even if Dunkerley isn't retained, an improving economy and growing numbers of tourists arriving in the Islands would suggest the airline will continue on an even keel.

"I don't think the profitability of the airline is going to turn whether he is there or not," said bankruptcy attorney David Farmer, who previously did legal work for a Hawaiian creditor.

"There are so many external factors — world events, the political climate — that will have a great deal (of impact) on Hawaiian's position in the market. It's all about hope and best guesses."

Reach Debbie Sokei at 525-8064 or dsokei@honoluluadvertiser.com

. Honolulu Advertiser, May 10, 2004

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May 8, 2008

Hawaiian CEO sells $2M in stock

By Rick Daysog, Advertiser Staff Writer

Hawaiian Airlines Chief Executive Officer Mark Dunkerley sold about $2 million in company stock this month, the company disclosed in a regulatory filing.

According to a filing with the Securities and Exchange Commission, Dunkerley sold 200,000 shares at $8.59 a share on May 2 and another 33,570 at $8.45 per share that same day.

The company said Dunkerley continues to own a "significant amount of the company's equity."

The sale — Dunkerley's first since he joined the company in 2002 — leaves the CEO with 225,000 shares of restricted stock. He also has options to purchase another 1.6 million shares.

Hawaiian Holdings Inc., the airline's parent, said Dunkerley was restricted in his ability to sell shares of the company's common stock to specific trading windows, and he chose to do so now for personal financial-planning reasons.

The company said that most of the stock sold, or 200,000 shares, were obtained by Dunkerley after he exercised a stock option granted to him in 2002. Those options were part of an incentive package to retain the executive when the airline was under Chapter 11 bankruptcy protection, Hawaiian Holdings said.

The option allowed Dunkerley to buy the 200,000 shares at $2.10 each. In selling the shares for $8.59 each, Dunkerley netted $6.49 a share, or a total of about $1.3 million.

Hawaiian's shares closed at $7.10, down 33 cents yesterday on the American Stock Exchange.

~ ~ ~

April 13, 2008

Hawaii CEOs average $2.3M in pay

By Rick Daysog, Advertiser Staff Writer

It's getting more expensive to send off a CEO than to keep one.

The abrupt resignations of the top executives of Central Pacific Financial Corp. and Hawaiian Telcom Inc. this year is going to cost those companies hundreds of thousand of dollars more than what they paid the CEOs last year.

Despite losing $5.8 million last year because of problem loans to California homebuilders, Central Pacific said it will pay CEO Clint Arnoldus $5 million, or more than five times his 2007 pay of $983,149, when he retires at year's end.

Hawaiian Telcom Inc. gave ousted CEO Michael Ruley a $1.2 million severance package, which includes $20,000 for personal travel, $22,000 for his family's health coverage and reimbursement of up to 6 percent for the real estate broker commission on the sale of his Kahala home. During Ruley's tenure, the company lost tens of millions of dollars and thousands of residential telephone customers, and is being investigated by the state Public Utilities Commission for poor service.

"This has nothing to do with the circumstances of their leaving," said Linda Lampkin, research director with ERI Economic Research Institute, which conducts executive pay and cost-of-living studies for employers. "Even though they may be leaving on less than ideal situations, the companies are bound by what the executives' contracts say."

The severance packages for Ruley and Arnoldus were among the key highlights of an Advertiser review of the pay policies of Hawai'i's publicly traded companies. The study, based on filings with the Securities and Exchange Commission by Hawai'i's eight largest companies, found that the average pay for a local CEO rose nearly 4.5 percent to $2.3 million last year from $2.2 million in 2006.

The 2007 average was equivalent to $6,525 per day and is more than 29 times the state's median household income.

Five of the 10 CEOs in this year's survey received pay raises but just two received a bonus last year. The bulk of the pay increases came in the form of stock options and other forms of compensation that aim to tie the executives' pay to company performance.

To be sure, the state's top bosses earned far less than their Mainland counterparts. According to ERI, CEOs of the nation's largest publicly traded companies saw their compensation increase by 20.5 percent last year to $18.8 million. The pay increase came as the companies' revenues grew by just 2.8 percent, ERI said.

For the third year in a row, Alexander & Baldwin's Allen Doane was the highest paid executive in Hawai'i, with a pay package of $8.6 million. That was up about 12.4 percent from his 2006 pay of $7.6 million.

Most of Doane's increase was performance-based as the company's stock price increased 19 percent and its earnings jumped 16 percent. A&B added that it returned $81 million to its shareholders last year in the form of dividends (non-taxable, thanks to Bush baby?) and stock buybacks.

Doane was followed by David Cole, CEO of Maui Land & Pineapple Co., whose 2007 pay more than doubled to $4.1 million. In its proxy statement, Maui Pine said its board gave Cole more than a $1 million to compensate him for the loss in value of his stock options.

Most companies would not comment on their CEO's pay and referred The Advertiser to filings with the SEC. Here's a snapshot of what those filings say:

Bank of Hawaii Corp. Chief Executive Allan Landon took home $2.6 million last year, which was up 15.9 percent from the previous year. Under Landon's stewardship, the company enjoyed healthy growth increase and benefited from its cost-cutting efforts.

Hawaiian Electric Industries Inc.'s CEO Constance Lau's 2007 compensation fell 53.7 percent to $1.7 million. But her 2006 package was skewed by a $2.2 million, one-time gain she received when she transferred her pension plan from HEI's American Saving Bank subsidiary to the parent company's plan.

Morton Kinzler, Barnwell Industries Inc.'s longtime CEO, saw his pay decline by 21.2 percent to $1.2 million while Dustin Shindo, chief executive of startup Hoku Scientific Inc., earned $745,462, which represents a 41.2 percent raise from the previous year.

Hawaiian Airlines Inc. CEO Mark Dunkerley saw his pay decrease by 5.8 percent to $2.3 million in a year in which Hawaiian won an $80 million judgment against go! airlines and signed a $4.4 billion deal to acquire 24 Airbus wide-body jets over the next 15 years.

The Honolulu Advertiser

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PHOTO GALLERY

http://www.op.gov.ph/photogallery_ph4-041608.asp

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NEW DISCOVERY (05-04-08): Undisclosed conflicts of interest between Randall Wulff, Larry Silverstein, Joshua Gotbaum, U.S. Attorney General Michael Mukasey, David C. Farmer, Steven Guttman, Roy Hughes, Colbert Matsumoto, James Watanabe, J. Douglas Ing, Diane Hastert, Bert Kobayashi, Warren Price III, James Duca, Chubb Group, Marsh & McLennan, AIG, Mark Dunkerley, and others to be named upon discovery:

April 21, 2004

Wulff Chosen to Head 9/11 Panel
on WTC Loss

Attorney was picked by judge in New York to help
on panel determining value of damages

By Josh Richman, STAFF WRITER, The Oakland Tribune

An East Bay attorney and mediator will play a pivotal role in determining the amount of loss resulting from the World Trade Center's destruction at the hands of terrorists Sept. 11, 2001.

Randall W. Wulff of Piedmont was selected Tuesday by U.S. District Chief Judge Michael B. Mukasey of New York to be chief umpire on a three-person appraisal panel that will address reconstruction costs as well as rental value and business interruption damages. Hearings are expected to begin later this year.

The battle over the monetary costs of the World Trade Center's destruction, and who will be paid how much for those costs, has become almost as twisted as the wreckage of the towers. And the battle has turned somewhat political, with New York officials touting the rebuilding of Ground Zero as crucial to the region's economic recovery.

World Trade Center leaseholder Larry Silverstein claims his insurers owe him almost twice their policy limits -- as much as $6.8 billion -- based on a switch in insurance forms that he believes recognizes the two impacts by two hijacked jet airliners as two separate losses. His claim went to a six-man, six-woman federal jury Monday after a 10-week trial.

After the jury -- and those in future proceedings involving other members of Silverstein's jury pool -- has determined the extent of the insurers' liability, it'll be up to Wolff's panel to determine what the actual losses are.

Wulff was with San Francisco's Farella, Braun and Martel from 1974 -- first as a trial lawyer, and from 1994 on as a "neutral" mediator -- until 2000, when he cofounded Oakland's Wulff Quinby Sochynsky, which exclusively provides mediation, arbitration and other alternative dispute resolution services.

He has helped settle almost 2,000 cases in the past 15 years, including the recent $1.1 billion settlement of the California class action against Microsoft. He also has helped resolve monetary disputes related to renovation of the Oakland Arena and construction of other high-profile projects from ballparks to Las Vegas casinos. And he has authored, edited or co-edited books on alternative dispute resolution.

His firm's Web site says his daily fee is $9,500 for cases in the Bay Area or Sacramento, $11,000 for cases elsewhere.

Wulff holds an undergraduate degree from the University of Oregon, attended the Netherlands Institute of International Business and holds a law degree from the University of California, Hastings College of the Law in San Francisco.

http://www.wqsadr.com/articles.html

REFERENCES

A sample of names follows here. A lengthier list of specific references from counsel and parties in cases where Mr. Wulff has acted as mediator is also available upon request....

Hawaii

Diane D. Hastert, Esq.
Damon Key Leong Kupchak Hastert
1600 Pauahi Tower, 1001 Bishop Street
Honolulu, HI 96813
Telephone: 808-531-8031

Bert T. Kobayashi, Esq.
Kobayashi, Sugita & Goda
First Hawaiian Center, Suite 2600
Honolulu, HI 96813
Telephone: 808-529-8700

Andrew Winer, Esq.
Winer Heheula & Devens
Pali Palms Plaza
970 North Kalaheo Ave, Suite A-300
Kailua, HI 96734
Telephone: 808-254-5855

David Schulmeister, Esq.
Cades Schutte Fleming & Wright
1000 Bishop Street, Suite 1000
Honolulu, HI 96813
Telephone: 808-521-9200

John T. Hoshibata, Esq.
Crabtree & Hoshibata
2300 Pauahi Tower
1001 Bishop Street
Honolulu, HI 96813
Telephone: 808-524-5644

Elton John Bain
Kessner Duca Umebayashi Bain & Matsunaga
19^th Floor, Central Pacific Plaza
229 South King Street
Honolulu, HI 96813

Warren Price III, Esq.
Price Okamoto Himeno & Lum
Ocean View Center
707 Richards Street, Suite 728
Honolulu, HI 96813
Telephone: 808-538-1113

Roy F. Hughes
Hughes & Taosaka
900 Pauahi Tower
1001 Bishop Street
Honolulu, HI 96813
Telephone: 808-526-9744

Brad S. Petrus
Tom Teetrus & Miller
The Arcade Building
212 Merchant Street, Suite 200
Honolulu, HI 96813
Telephone: 808-522-0800

Milton M. Yasunaga
Cades Schutte Law Firm
1000 Bishop Street, Suite 1200
Honolulu, HI 96813
Telephone: 808-521-9200

John T. Komeiji
Watanabe Ing & Komeiji
999 Bishop Street, 23^rd Floor
Honolulu, HI 96813
Telephone: 808-544-8300

Roger Moseley
Moseley Biehl Tsugawa Lau & Muzzi
1100 Alakea Street, 23^rd Floor
Honolulu, HI 96813
Telephone: 808-531-0490

James T. Paul, Esq.
Paul Johnson Park & Niles
Pacific Tower, 1001 Bishop St., Suite 1300
P.O.Box 4438
Honolulu, HI 96812
Telephone: 808-524-1212

James Lawhn
Oliver, Lau, Lawhn, Ogawa & Nakamura
707 Richards Street, Suite 600
Honolulu, HI 96813
Telephone: 808-533-3999

http://www.wqsadr.com/randallwwulff.html

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January 11, 2002

Anzai recuses self
in airlines merger

The attorney general's
wife is counsel for
Hawaiian Airlines

By Lyn Danninger, Honolulu Star-Bulletin

State attorney general Earl Anzai said yesterday he has completely recused himself from oversight of the proposed merger of Hawaii's airlines because his wife is legal counsel for Hawaiian Airlines and worked on the merger.

"It was done at the very beginning. I'm not that stupid," he said. "I have not been in a single meeting or seen a single document."

As vice president, general counsel and corporate secretary for Hawaiian Airlines, Anzai's wife, Lyn, would have played a key role in the due diligence phase and other activities related the merger.

But she has not had any direct role in negotiations with the Attorney General's office, spokesman for Hawaiian Airlines Keoni Wagner said.

The state Attorney General's office will likely play a bigger role in any approval of the Hawaiian-Aloha merger than federal regulators.

Anzai said potential conflicts of interest are not unusual and he has always recused himself from past cases in order to avoid any appearance of a conflict.

Questions regarding potential conflicts of interest were first raised as far back as Anzai's legislative confirmation hearing to become attorney general. At one time, his wife had also worked as an in-house attorney for Kamehameha School which was then under investigation by the Attorney General's office.

http://starbulletin.com/2002/01/11/business/index3.html

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Lyn Anzai is expected to testify about her relationships with Defendant Bobby N Harmon, President Barack Obama, Bank of Hawaii, Trustees of Kamehameha Schools, Judge Robert J. Faris, Kamehameha Investment Corp., Peter Savio, Gensiro Kawamoto, CB Richard Ellis, Paul Alston, Gilbert Tam, Colleen Wong, Nathan Aipa, Louanne Kam, Henry Peters, Richard Wong, Gerard Jervis, Oswald Stender, Lokelani Lindsey, Elisa Yadao, Alan Yee, Maryanne Inouye, Rocco Sansone, Marsh & McLennan, Blossom Tong, Marsh Affinity Group Services, Irene Anzai, Earl Anzai, Margery Bronster, Steve Case, John Garibaldi, Paul J. Casey, Hawaiian Airlines, James Duca, Robert Kessner, Kazu Hayashida, Judge Kevin Chang, Judge David Ezra, Judge Samuel King, Steven Guttman, Mary Lou Woo, Judith Neustadter Fuqua, Curtis Ching, James B. Nicholson, Carol Muranaka, Ronald Libkuman, Robert K.U. Kihune, Francis Keala, Hamilton McCubbin, Dee Jay Mailer, Mark McConaghy, PricewaterhouseCoopers, Bob Dole, Elizabeth Hanford Dole, Robert Rubin, Goldman Sachs, Joshua Gotbaum, Michael Boyd, The Boyd Group, Lazard Freres & Co., John Waihee, Verner Liipfert Bernhard McPherson & Hand, Jared Jossem, Robert Katz, Matt Tsukazaki, Torkildson Katz Jossem Fonseca Jaffe Moore & Hetherington, Kenneth Hipp, Neil Hannahs, Dennis Fern, Bruce Nakaoka, Eric Martinson, Guido Giacometti, Susan Tius, Sukamto Sia, Renton Nip, William S. Richardson, Wayne Rogers, William Simon, Michael McKenzie, McKenzie Methane, Mark Bennett, Linda Lingle, Jean Rolles, East-West Center, Henry Kissinger, University of Hawaii Foundation, Colbert Matsumoto, Warren K.K. Luke, Bishop Museum, Mark Polivka, Judge Colleen Hirai, Judge Alan Kay, Judge Michael Town, Judge James Duffy, Judge Alan Kay, Judge Michael Seabright, Sherry Broder, David Farmer, Steven Katzman, James Cribley, Wayne Berman, Mercer Consulting Services, and others to be named upon discovery, with regards to ongoing racketeering activities, tax fraud, violation of IRS Section 4958, bogus-bid contracts, obstruction of justice in EQ2048 and other wrongful acts.