Woo vs. Harmon - Witness Steven Guttman, Esq.

Kessner, Duca, Umebayashi, Bain & Matsunaga
220 So. King St., 19^th Flr.
Honolulu, HI 96813

WASHINGTON, D.C.--The United States Trustee Program has launched an initiative to more aggressively use existing civil enforcement methods to curb abuse of the bankruptcy system, Martha Davis, Acting Director of the Executive Office for United States Trustees, announced today.

"Effective case administration is vital to ensure the American public that the bankruptcy system provides relief for honest but unfortunate debtors overcome by serious financial difficulties," Davis stated. "The Civil Enforcement Initiative emanates from the U.S. Trustee Program's long-standing commitment to enforce the Nation's bankruptcy laws and explore other meaningful strategies to bolster public confidence in the integrity and effectiveness of the bankruptcy system."

"The priorities of the initiative will require a concerted effort nationwide to use existing tools in a way that best accomplishes tangible results and improvements for case administration," Davis continued. "Many of our offices use such strategies today and we hope to build upon their experience. By focusing our resources on these priorities, we also seek to address some of the concerns that have been at the forefront of debate in recent years both before Congress and in other public venues. In the end, this is very much a community effort that will require communication and cooperation with private bankruptcy trustees and with the bankruptcy bench and bar."

Ensuring that Chapter 7 is not abused and that Chapter 7 debtors are held accountable.

Chapter 7 debtors who do not comply with the law will have their cases converted or dismissed, or their bankruptcy discharges denied or revoked. Enforcement measures include motions to dismiss Chapter 7 cases under 11 U.S.C. §§ 707(a) and 707(b), and complaints to bar or defer discharge under 11 U.S.C. § 727.

Protecting consumer debtors, creditors, and others who are victimized by those who mislead or misinform debtors, make false representations in connection with a bankruptcy case, or otherwise abuse the bankruptcy process.

Attorneys and bankruptcy petition preparers (non-attorneys who prepare bankruptcy documents for a fee) must engage in full disclosure, be free of conflicts of interest, and engage in ethical practices. Enforcement measures include motions for sanctions, contempt of court, and disgorgement under 11 U.S.C. § 329 for misconduct by attorneys, and complaints and motions under 11 U.S.C. § 110 for misconduct by bankruptcy petition preparers....

Fighting fraud and abuse by making criminal referrals and assisting United States Attorneys in criminal prosecutions.

The U.S. Trustee Program is a component of the Justice Department that oversees the administration of bankruptcy cases and intervenes in court to enforce the bankruptcy laws. There are 21 regions in the Program, each headed by a U.S. Trustee appointed by the Attorney General.

The Civil Enforcement Initiative took effect Oct. 1, 2001, with the start of the federal government's 2002 fiscal year. Previous U.S. Trustee Program initiatives have focused on issues such as enhancing the supervision of private trustees who administer Chapter 7 bankruptcy cases, increasing the efficiency and speed of Chapter 7 case administration....

NEW DISCOVERY (10-11-08): Additional facts regarding conflicts of interest between Steven Guttman and numerous parties related to this case:

NEW DISCOVERY (10-10-08): Additional facts regarding conflicts of interest between Steven Guttman, Robert Kessner, James Duca, AIG, Robin Campaniano, and others:

KESSNER DUCA UMEBAYASHI BAIN & MATSUNAGACentral Pacific Plaza, 19th Floor 220 South King Street
Honolulu, Hawaii 96813

Insurance Defense, Automobile, General Liability, Professional Liability, Workers' Compensation

Partners
ROBERT C. KESSNER — 1949 — Colgate University, B.A., 1970; Boston University, J.D., 1973 — Admitted to Bar, 1973, Hawaii; 1973, U.S. District Court, District of Hawaii — Member American and Hawaii State Bar Associations
JAMES N. DUCA — 1946 — Fordham University, B.A. (magna cum laude), 1966; Harvard University, J.D., 1969 — Admitted to Bar, 1971, Hawaii; 1971, U.S. District Court, District of Hawaii; 1982, U.S. Court of Appeals, Ninth Circuit — Member American and Hawaii State Bar Associations
CLYDE UMEBAYASHI — 1947 — University of Hawaii, B.B.A., 1969; J.D., 1980 — Admitted to Bar, 1980, Hawaii; 1980, U.S. District Court, District of Hawaii; 1980, U.S. Court of Appeals, Ninth Circuit — Member Hawaii State Bar Association
ELTON JOHN BAIN — 1945 — California State University, Fullerton, B.A., 1967; University of California, Hastings College of the Law, J.D., 1972 — Admitted to Bar, 1972, California; 1979, Hawaii; 1972, U.S. District Court, Northern District of California; 1979, U.S. District Court, District of Hawaii; 1980, U.S. Court of Appeals, Ninth Circuit — Member State Bar of California, Hawaii State Bar Association
EMMA S. MATSUNAGA — 1954 — University of Washington, B.S., 1976; University of Hawaii, J.D., 1980 — Admitted to Bar, 1980, Hawaii; 1980, U.S. District Court, District of Hawaii; 1980, U.S. Court of Appeals, Ninth Circuit — Member American and Hawaii State Bar Associations
MURIEL M. TAIRA — 1952 — University of Hawaii, B.A., 1974; University of Washington, J.D., 1981 — Admitted to Bar, 1982, Hawaii; 1982, U.S. District Court, District of Hawaii; U.S. Court of Appeals, Ninth Circuit — Member American and Hawaii State Bar Associations

Associates
BEVERLY S.K. TOM — 1954 — University of Hawaii, B.Ed., 1977; University of Oregon, M.S., 1980; Vermont Law School, J.D., 1990 — Admitted to Bar, 1990, Hawaii; 1990, U.S. District Court, District of Hawaii — Member American and Hawaii State Bar Associations
CORI ANN C. TAKAMIYA — 1968 — Santa Clara University, B.S., 1990; University of Hawaii, J.D., 1995 — Admitted to Bar, 1995, Hawaii; 1995, U.S. District Court, District of Hawaii — Member Hawaii State Bar Association
KATHY K. HIGHAM — 1953 — University of Hawaii, B.A., 1975; M.A., 1976; J.D., 1984 — Admitted to Bar, 1984, Hawaii; 1984, U.S. District Court, District of Hawaii — Member Hawaii State Bar Association
EWING MASON MARTIN III — 1971 — Abilene Christian University, B.A. (with honors), 1993; Texas Tech University, J.D., 1995 — Admitted to Bar, 1996, Texas; American Samoa; 1999, Hawaii; 1999, U.S. District Court, District of Hawaii — Member American Samoa and Hawaii State Bar Association, State Bar of Texas
SYLVIA HIGASHI — 1946 — University of Hawaii at Manoa, B.A., 1967; M.Ed., 1968; University of Hawaii, J.D., 1999 — Admitted to Bar, 1999, Hawaii; 1999, U.S. District Court, District of Hawaii — Member American and Hawaii State Bar Associations
STEVEN GUTTMAN — 1945 — California State College, B.A., 1967; University of California, Hastings College of the Law, J.D., 1973 — Admitted to Bar, 1973, Hawaii; 1977, U.S. District Court, District of Hawaii; 1977, U.S. Court of Appeals, Ninth Circuit — Member Hawaii State Bar Association
NAOMI COLE — 1968 — University of Hawaii, B.A. (cum laude), 1992; Saint Louis University, J.D., 1997 — Admitted to Bar, 1997, Hawaii; 1997, U.S. District Court, District of Hawaii; 1997, U.S. Court of Appeals, Ninth Circuit — Member Hawaii State Bar Association (Young Lawyers Division)
KAPONO F. H. KIAKONA — 1976 — University of Nevada, Las Vegas, B.A., 1998; Boston University School of Law, J.D., 2001 — Admitted to Bar, 2002, Hawaii; 2002, U.S. District Court, District of Hawaii

NEW DISCOVERY (09-19-08): “Prior Restraint” of free speech is unconstitutional and, in this case, was outside Judge David Ezra’s jurisdiction:

RE: CV05-00030 - David Farmer vs. Harmon - Exhibit: "The Freedom To Sing"
and Witnesses: Michael Mukasey and Alberto Gonzales

To: "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>

Cc: "Michael Mukasey <AskDOJ@usdoj.gov> ACLU Hawaii" <office@acluhawaii.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Andrew Winer" <winer@pacificlaw.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arnold T. Phillips" <arnold.t.phillips@verizon.com>, "Arthur Rath" <imua@spamarrest.com>, "Barry M. Kurren" <richlyn_young@hid.uscourts.gov>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Blossom Tong" <blossom.d.tong@marsh.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <mcp@mediatehawaii.org>, "Colbert Matsumoto" <service@islandinsurance.com>, "Craig Watanabe" <captiveins@dcca.hawaii.gov>, "Dane Field" <danefl@gucl.com>, "Dave Shapiro" <volcanicash@gmail.com>, "David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "Dorothy Sellers" <hawaiiag@hawaii.gov>, "Exececutive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Duca" <jduca@kdubm.com>, "James Paul" <jpaul@pjpn.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "John Goemans" <wip@kamuela.com>, "Judge Lloyd King" <hib@hib.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <jurisnot2@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "Kenneth Hipp" <khipp@marrhipp.com>, "Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Margery Bronster" <info@bchlaw.net>, "Marsh Affinity Group" <prosecure@marshpm.com>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Michelle Tucker" <michelle@sterlingandtucker.com>, "Nathan Aipa" <nathan@pitluck.com>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Office of the U.S. Trustee District of Hawaii" <ustp.region15@usdoj.goV>, "Paul Alston" <palston@ahfi.com>, "Peter Carlisle" <emeguro@co.honolulu.hi.us>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robert F. Miller" <info@robertfmiller.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "Susan Tius" <STius@rmhawaii.com>, "V K Durham" <vkdtdht@pionet.net>, "Valerie U. Katz" <clmrpt@islandinsurance.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Don Michak" <dmichak@journalinquirer.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Mark Burch" <burch@hawaii.edu>, "Laura Thielen" <dlnr@hawaii.gov>, "Michael Moore" <MMFlint@aol.com>, "John D Zalewski" <jzalewski@caselombardi.com>, "Robert M. Kohn" <rkohn@polhawaii.com>, "Haunani Apoliona" <info@oha.org>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "CPCU Society Hawaii Chapter" <kkanehiro@gmail.com>, "Hawaii Independent Insurance Agents Assoc." <hiia@hawaii.rr.com>, "Hawaii Insurance Bureau Inc" <dpeters@hibinc.com>, "Hawaii Insurers Council" <apowershawaii@yahoo.com>, "Reporters Committee for Freedom of the Press" <rcfp@rcfp.org>, "CND 48 Hours" <48Hours@CBSnews.com>, "American Bar Association" <dispute@abanet.org>, "Electronic Frontier Foundation" <information@eff.org>, "First Amendment Center" <info@fac.org>, "Council for the National Interest Foundation" <cnif@democracyinaction.org>, "Free to Know-Hawaii" <freetoknowhawaii@yahoo.com>, "ImpeachBush.org" <impeachbush@votetoimpeach.org>, "Wayne Madsen" <wmreditor@waynemadsenreport.com>, "National Whistleblower Center" <mc@whistleblowers.org>, "Editor New York Times" <managing-editor@nytimes.com>, "Greg Palast" <palast@gregpalast.com>, "Pension Benefit Guaranty Association" <participant.pro@pbgc.gov>, "Public Citizen" <publiccitizen@mail.democracyinaction.org>... more

Due to the discovery of NEW FACTS, I am updating the subject Exhibit and the witness information for U.S. Attorneys General Michael Mukasey and Alberto Gonzales, which you will find attached and on-line at:

As Judge David Ezra's Order constitutes a PRIOR RESTRAINT of my freedom of speech -- and that of all others who published their opinions in The Catbird Seat website, I regret that I must continue to submit each of these new and updated exhibits and witness descriptions for your review and approval in the event they may contain any prohibited "Protected Subject Matter". If you would like to avoid this approval process, then I would again suggest that we attempt a good-faith settlement of this case through confidential negotiation or mediation.

A prior restraint is an official restriction of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as "the most serious and the least tolerable infringement on First Amendment rights." Since 1931, the Court repeatedly has found that such attempts to censor the media are presumed unconstitutional.

In the 1976 landmark case Nebraska Press Association v. Stuart, the Court addressed the constitutionality of an order prohibiting the media from publishing or broadcasting certain information about Erwin Charles Simants, who was accused of murdering the Henry Kellie family in a small town in Nebraska. This case pitted the First Amendment rights of a free press against the defendant's Sixth Amendment right to a fair trial.

To ensure that Simants received a fair trial, the Nebraska Supreme Court modified the district court's order to prohibit reporting of confessions or admissions made by Simants or facts "strongly implicative" of Simants.

On appeal, the U.S. Supreme Court struck down the prior restraint order. The Court emphasized that the use of prior restraint is an "immediate and irreversible sanction" that greatly restricts the First Amendment rights of the press. "If it can be said that a threat of criminal or civil sanctions after publication `chills' speech, prior restraint `freezes' it at least for the time," Chief Justice Warren Burger wrote for the Court.

To determine whether the prior restraint order was justified, the Court applied a form of the "clear and present danger" test, examining whether "the gravity of the `evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger."

In applying this test, the Court articulated a three-part analytical framework, which imposed a heavy burden on the party seeking to restrain the press. First, the Court examined "the nature and extent of the pretrial news coverage." Second, the Court considered whether other less restrictive measures would have alleviated the effects of pretrial publicity. Finally, the Court considered the effectiveness of a restraining order in preventing the threatened danger.

The Court found that the trial judge reasonably concluded that the "intense and pervasive pretrial publicity" in the Simants case "might reasonably impair the defendant's right to a fair trial." However, the trial judge did not consider whether other measures short of a prior restraint order would protect the defendant's rights. The trial judge should have considered changing the location of the trial, postponing the trial, intensifying screening of prospective jurors, providing emphatic and clear instructions to jurors about judging the case only on the evidence presented in the courtroom or sequestering the jury.

The Court also found that the effectiveness of the trial judge's prior restraint order to protect Simants' right to a fair trial was questionable. Because the prior restraint order is limited to the court's territorial jurisdiction, it could not effectively restrain national publications as opposed to publications within the court's jurisdiction.

Moreover, it is difficult for trial judges to draft effective prior restraint orders when it is hard "to predict what information will in fact undermine the impartiality of jurors." Finally, because this trial took place in a town of 850 people, rumors traveling by word of mouth may be more damaging to the defendant's fair-trial rights than printed or broadcasted news accounts. In short, the probability that the defendant's fair-trial rights would be impaired by pretrial publicity was not shown with "the degree of certainty" needed to justify a prior restraint order.

Because the "barriers to prior restraint remain high and the presumption against its use continues intact," prior restraint orders are rarely upheld. As a result, editorial decisions about publication of information the government deems sensitive are generally left solely to the discretion of news organizations. Nevertheless, government officials and private individuals occasionally attempt to stop publication....

The Reporters Committee for Freedom of the Press
© 2003 RCFP. 1815 N. Fort Myer Dr., Suite 900, Arlington VA 22209 (703) 807-2100

The May 7, 1999 order regarding orders to show cause requires the former trustees immediately to resign offices and directorships in the trust’s subsidiary and affiliated organizations... P&C Insurance Company, Inc., is a captive insurance company, the sole stock holder which is Pauahi Holdings Inc.

The Attorney General respectfully invites the court’s attention to the annual report publicly filed on March 28, 2000 by P&C (Ex. 1). The annual report lists Henry H. Peters as a director. The Attorney General is unable to determine whether the listing is incorrect; or whether Peters remains a director in violation of court order. The Attorney General’s several inquiries of the trust concerning this matter remain unanswered despite the passage of three months (Ex. 2).

1. I am a deputy attorney general, and I am familiar with the case records and files in Hawaii First Circuit Court Equity No. 2048 going back to approximately August 1997.

2. I have personal knowledge of the facts contained in this declaration and am competent to testify to them.

3. Exhibit 1 is a true and correct copy of the annual report of P&C Insurance Company for the year ending Dec. 31, 1999, filed in late March 2000.

4, Exhibit 2 is a true and correct letter of my February 15, 2000 letter to counsel for the trust asking for verification that Henry Peters had resigned from P&C and the effective date of the resignation. I have never received a response to that letter.

Finally, we also requested some time ago copies of Henry Peters’ letters of resignation from directorships and ex officio positions, and specifically from P&C Insurance Company. Although the resignation letters of the other trustees were filed with the Court, Peters’ were not.

Insurance Company Clients
American International Underwriters	Amwest Surety Insurance Company
Argonaut Insurance Company	Baptiste Insurance Group
Contractors Bonding and Insurance Company (CBIC)	Farmers Insurance Group
Gulf Underwriters Insurance Company	Kemper Insurance Companies
Lexington Insurance Company	Majestic Insurance Company
Mutual Assurance Group	Pacific Insurance Company
Signal Mutual Indemnity Association	State Farm Group
TIG Insurance Company	Tokio Marine and Fire Insurance Co, Ltd.
Transamerica Group/AEGON USA, Inc.	Wausau Insurance Company
Western Indemnity Insurance Company	Zurich American Insurance Company

Non-Insurance Company Clients
AIG Claim Services, Inc.	Honolulu Shipyard, Inc.
Kapiolani Medical Center	The Queen's Medical Center
Safeway, Inc.	St. Francis Medical Center