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

~ ~ ~

DEFENDANT’S WITNESS

J. DOUGLAS ING

Watanabe, Ing & Komeiji, LLP
First Hawaiian Bank Center
999 Bishop Street, 23rd Floor
Honolulu, HI 96813

Fax: (808) 544-8399
Email:
douging@wik.com

Website: http://www.wik.com/Attorneys.aspx?AttorneyID=1001

James Douglas Ing was named by Judge Kevin S. Chang as a Trustee of Kamehameha Schools; senior partner of Watanabe Ing Kawashima & Kameiji, LLP - a law firm in which Kevin S. Chang was a former partner; served on the Department of Land and Natural Resources and the Commission on Water Resource Management; attorney for Trustees Oswald Stender and Gerard Jervis in their efforts to remove Trustee Lokelani Lindsey.

Firm Profile: Watanabe Ing Kawashima & Kemeiji LLP had its inception in the late 1960s. George R. Ariyoshi Governor of Hawaii from 1974 to 1986, was one of its founders.

Representative Clients: AIG Technical Services; Airlines Committee of Hawaii; Aloha Airlines, Inc.; American Savings Bank, F.S.B.; Black Press Ltd.; Dole Food Company Hawaii; First Hawaiian Bank; Grace Pacific Corporation; Hawaii Visitors & Convention Bureau; Island Insurance Company; Oceanic Cablevision, A Division of Time Warner; Parker Ranch, Inc.; The Queen’s Health Systems; Seibu Railway Co.; State Farm Automobile Insurance Co.; Tesoro Hawaii Corporation; Tokyu Corporation; Young Brothers.

Representative Members of Firm: Jeffrey N. Watanabe (Deputy Attorney General, State of Hawaii, 1968-1970); James Kawashima; J. Douglas Ing (Commissioner, State Board of Land and Natural Resources, 1981-1989; Commission on Water Resource Management, 1993-1995); Cynthia Winegar (Deputy Attorney General, State of Hawaii, 1978-1980; Arbitrator, Court Annexed Arbitration System).

* * * * *

THE CATBIRD’S NEST

TRACKING THE TRUSTEES!

* * * * *

JOHN GOEMANS: CRUSADER FOR A COLOR-BLIND AMERICA

~ o ~

RICE vs CAYETANO

No. 98-818

IN THE SUPREME COURT OF THE UNITED STATES

HAROLD F. RICE

Petitioner

v.

BENJAMIN J. CAYETANO, GOVERNOR OF

THE STATE OF HAWAI'I

Respondent

BRIEF OF AMICI CURIAE

STATE COUNCIL OF HAWAIIAN HOMESTEAD

ASSOCIATION, HUI KAKO'O 'AINA

HO'OPULAPULA, KALAMA'ULA HOMESTEAD

ASSOCIATION AND HAWAIIAN HOMES

COMMISSION IN SUPPORT OF RESPONDENT

Filed July 28, 1999

- - - - -

CONCLUSION

Amici respectfully request that the decision of the court

of appeals be affirmed.

DATED: Honolulu, Hawai'i, July 28, 1999.

Paul Alston

William M. Tam

Lea Hong

Counsel for Amici Curiae

David M. Forman

Co-counsel for State Council of

Hawaiian Homestead Associations

and Hui Käko'o 'Äina

Ho 'opulapula

Karen M. Holt

Co-counsel for Kalama 'ula

Homestead Association

Rice vs Cayetano Brief

JOHN GOEMANS: CRUSADER FOR A COLOR-BLIND AMERICA

* * * * *

GOOGLING FOR...

J. DOUGLAS ING

&

ALOHA & HAWAIIAN AIRLINES BANKRUPTCY

&

JOSHUA GOTBAUM

&

COLBERT MATSUMOTO

&

ROY HUGHES

&

LOUISE K. Y. ING

&

MARC TILKER

&

STANFORD CARR

&

JAMES WATANABE

&

JAMES KAWASHIMA

&

DAVID C. FARMER

&

STEVEN GUTTMAN

&

KAMEHAMEHA SCHOOLS

&

NATHAN AIPA

&

COLLEEN WONG

&

LOUANNE KAM

&

LYN & EARL ANZAI

&

JUDGE ROBERT FARIS

&

JUDGE LLOYD KING

&

JUDGE EDEN E. HIFO

&

JUDGE BARRY KURREN

&

JUDGE KEVIN CHANG

&

JUDGE DAVID EZRA

&

GOVERNOR GEORGE ARIYOSHI

&

GOVERNOR JOHN WAIHEE

&

GOVERNOR BEN CAYETANO

&

GOVERNOR LINDA LINGLE

&

PRESIDENT BILL CLINTON

&

PRESIDENT GEORGE BUSH

&

PRESIDENT BARACK OBAMA

* * * * *

May 9, 2009

Kamehameha trustee
extensions requested

Terms expiring; report cites program continuity

By Rick Daysog

Advertiser Staff Writer

A court-appointed master for the Kamehameha Schools is recommending a one-year extension for trustee Robert Kihune, whose term ends next month.

In a 117-page report filed with the state Probate Court last month, attorney David Fairbanks also recommended a one-year extension for trustee Diane Plotts and two-year extensions for board members Douglas Ing and Nainoa Thompson.

"The potential for loss of substantial institutional knowledge, wisdom, continuity, momentum and even stability is great, and the threats of an interruption in the present, established path of governance, a less-than-smooth transition ... and interruption of important, newly implemented programs are very real," Fairbanks wrote.

Kihune, a retired Navy vice admiral, will step down June 30 after having served on Kamehameha School's board since 2000.

A Probate Court-appointed trustee screening committee recently named three finalists to replace Kihune. They included state Department of Hawaiian Homes Lands Chairman Micah Kane, state Community Development Authority Executive Director Anthony Ching and former Kamehameha Schools executive and ex-DHHL Chairman Ray Soon.

Deputy Attorney General Hugh Jones, whose office serves as the legal guardian for the estate, had no comment, saying he has not yet completed his review of Fairbanks' recommendations.

A trust spokesman also had no comment but said the estate will file a response to Fairbanks' recommendations with the Probate Court shortly.

Kamehameha Schools, which was established by the 1883 will of Princess Bernice Pauahi Bishop, is a nonprofit charitable trust that educates Hawaiian children.

It is one of the nation's largest charities and is Hawai'i's largest private landowner, with more than 360,000 acres.

In addition to extending current trustees' terms, Fairbanks also recommended that future board members receive a 10-year term.

Currently, all five trustees serve five-year terms and are eligible for up to two terms. Thompson's term ends next year, Plotts' tenure ends in 2011 and Ing's term ends 2012.

Trustees earn about $90,000 a year.

Fairbanks said he was satisfied with the progress made by Kamehameha CEO Dee Jay Mailer and her management team but expressed concern about continuity within Kamehameha's boardroom in light of the recent financial challenges faced by the trust.

His report noted that the value of the trust's endowment dropped by 20.4 percent from $9.44 billion on June 30, 2008, to $7.36 billion on Dec. 31, 2008, as a result of the global financial downturn and the national economy.

(Catbird note: Not to mention the greed, corruption and mismanagement of the current Kamehameha Schools’ trustees and management who they now want to EXTEND a couple of years ... so they can lose another $2 or $3 billion???)

"The recent dramatic downturn in the economy, significant losses in investments, the decline in the real estate market with attendant reductions in revenues and lower values, and their potential adverse impact upon the trust's educational programs including outreach programs, make it critical that the transition to an essentially brand new board of trustees be as smooth as possible," he said.

http://www.honoluluadvertiser.com/article/20090509/NEWS01/905090325/1001 ~ ~ ~

NEW DISCOVERY (04/17/09); More factual evidence of fraud, bad faith, racketeering, and undisclosed conflicts of interest, etc. between David Farmer, Ben Cayetano, Earl Anzai, Lyn Anzai, Robin Campaniano, Edward Liddy, Goldman Sachs, Barack Obama, Henry Paulson, The Nature Conservancy, The Hawaii Chapter of The Nature Conservancy, Suzanne Case, Peter Savio, Faye Kurren, Haunani Apoliona, OHA, Robert Rubin, Kamehameha Schools, Nathan Aipa, Bishop Museum, William Simon, HonFed, Investors Equity Life Insurance Co., Bank of Hawaii, Central Pacific Bank, Colbert Matsumoto, Dan Inouye, AIG, CV Starr, Hank Greenberg, ACE Insurance, Ace Greenberg, Chubb Group, Marsh & McLennan, Rocco Sansone, Mercer Consulting, Aloha Airlines, Bill Clinton, Yucaipa, Hawaiian Airlines, Douglas Ing, Henry Peters, Judge Rey Graulty, Judge Barry Kurren, Judge Robert Faris, etc:

April 17, 2009

A.I.G. Chief Owns Significant
Stake in Goldman

By MARY WILLIAMS WALSH, New York Times

Edward M. Liddy, the dollar-a-year chief executive leading the American International Group since its bailout last fall, still owns a significant stake in Goldman Sachs, one of the insurer’s trading partners that was made whole by the government bailout of A.I.G.

Mr. Liddy earned most of his holdings in Goldman, worth more than $3 million total, as compensation for serving on the bank’s board and its audit committee until he stepped down in September to take the job at A.I.G. He moved to A.I.G. at the request of Henry M. Paulson Jr., then the Treasury secretary and a former Goldman director.

Details about his holdings were disclosed in Goldman’s proxy statement and confirmed by an A.I.G. spokeswoman, who said they constituted “a small percentage of his total net worth.” Mr. Liddy had already owned some stock in Goldman Sachs before joining its board in 2003.

He has said that he considers his work at A.I.G. to be a public service, performed on behalf of the taxpayers, who ended up with nearly 80 percent of the insurance company. His goal is to dismantle the company and sell its operating units, using the proceeds to pay back the rescue loans. On Thursday, A.I.G. said it had sold its car insurance unit, 21st Century Insurance, to the Zurich Financial Services Group for $1.9 billion.

Along the way, Mr. Liddy has clearly disclosed that A.I.G. was serving as a conduit, with much of the rescue money passing through and ending up in the hands of A.I.G.’s trading partners.

Goldman has said in the past that it had collateral and hedges to reduce the risk of its exposure to A.I.G.

Still, his stake could represent a potential conflict and is likely to reignite questions about Goldman’s involvement in A.I.G., and about why taxpayer money was used to shield A.I.G.’s trading partners from losses, when asset values plunged everywhere and most investors suffered greatly.

Had A.I.G. simply declared bankruptcy, the financial institutions doing business with it would have ended up in court, as they did in the case of Lehman Brothers, fighting to get pennies on the dollar for their claims.

Instead, Goldman Sachs received $13 billion of the Federal Reserve’s rescue money to close out various contracts it had outstanding with A.I.G. It was one of the biggest beneficiaries of the government rescue.

A spokeswoman for A.I.G., Christina Pretto, dismissed any suggestion that Mr. Liddy’s financial ties to Goldman might have shaped his actions at A.I.G.

“A.I.G. is a large institution that engages in standard commercial activity with companies all over the world,” Ms. Pretto said. “These activities are handled in the normal, day-to-day course of business and rarely, if ever, rise to the level of the C.E.O.”

She said in particular that Mr. Liddy was not involved in the discussions of how to close out the contracts of A.I.G.’s counterparties in derivatives and other forms of trading.

“Discussions regarding these matters were handled exclusively by the Federal Reserve Bank of New York,” Ms. Pretto said.

According to Goldman’s proxy, Mr. Liddy holds 18,244 units of restricted stock, which would be worth about $2.2 million if they were sold at today’s market price. The rest of his holdings are in common stock. Restricted stock cannot be sold without incurring significant tax penalties, but the proxy said that Mr. Liddy’s restricted units would be converted to common shares on May 9.

Officials at the Fed, which initiated the bailout of A.I.G. last September, have said they were not happy about having to pour public resources into private sector companies, but felt that they had to do so to avoid a chain of losses at financial institutions all over the world.

http://www.nytimes.com/2009/04/17/business/17liddy.html?_r=1&em

~ ~ ~

March 17, 2009

Trustee Pay Revisited

by Rick Daysog

Trustees of the Kamehameha Schools received much deserved applause last month when they rejected a court-approved pay increase plan and instead took a 10 percent pay cut.

After all, it's the prudent thing to do in face of the trust’s weakened financial condition, members of the Kamehameha Schools ohana have said.

But others, including former Gov. Ben Cayetano believe the way trustee pay is set is still out of whack and opens the trust to the type of abuses that haunted the estate during the late 1990s.

Previously, trustee pay was based on a formula set by law which entitled them to up to 2 percent of the estate’s annual gross. That resulted in $1 million-a-year trustee pay checks that nearly got the trust's tax-exempt status revoked by the Internal Revenue Service.

Now, trustee pay is supposed to be set at reasonable levels. Every several years, a Probate Court-appointed panel is supposed to come up with recommendations on what those reasonable levels are.

In 2004, the panel approved raising trustees maximum pay by more than 69 percent, generating much criticism among the schools’ ohana and the state Attorney General.

Probate Judge Colleen Hirai approved that increase but trustees turned it down.

Last year, the panel approved a similar plan before trustees decided to take their pay cut. The increase was again opposed by some members of the Kamehameha ohana as well as by the Attorney General’s office.

According to Cayetano, the lack of a more permanent trustee compensation schedule exposes the trust to future controversies.

In the past, the lucrative trustee compensation served as the “root cause for the ethical and political problems” that plagued the estate during the 1980s and 1990s, Cayetano wrote in his recently published memoir “Ben.”

It not only led to corrupted trust but it also tarnished the state Legislature and the state judiciary.

No doubt, the ethical characters of current Trustees Nainoa Thompson, Douglas Ing, Robert Kihune, Diane Plotts and Corbett Kalama are unquestioned. All are dedicated to the trust’s mission of educating native Hawaiian children.

But in approving steep pay raises for the trustees, Cayetano see a potential for history repeating itself:

“One could only wonder whether the panel, the probate judge and the new trustees had learned any lessons from the Bishop Estate controversy,” he wrote.

The failure of the new trustees to ‘clean house’ left me wondering whether the problems that vexed the old trustees and the Bishop Estate would emerge again one day when the passing of time had blurred the reasons the reforms were made in the first place.”

Tags: Ben Cayetano, Kamehameha Schools, Trustee pay

* * * * *

NEW DISCOVERY (11-30-08):

THE BEST GOVERNMENT MONEY CAN BUY

* * * * *

NEW DISCOVERY (11-24-08): New Exhibit: “EQ 2048 - Deposition of Lokelani Lindsey taken on November 4 & 9, 1999". This document provides clear evidence that J. Douglas Ing had multiple conflicts-of-interest in this case and, since he was not a named Defendant in my RICO lawsuit against the former Trustees, he was not a legitimate signatory to the Settlement Agreement: Furthermore, since the Settlement Agreement was NOT SIGNED by any of the five Trustees actually named as Defendants, the Settlement Agreement was not legal or valid. (See Exhibit A)

http://www.kycbs.net/Lindsey-docs-Vol-1-p1-4.pdf

http://www.kycbs.net/Lindsey-docs-Vol-1.pdf

~ ~ ~

NEW DISCOVERY (11-17-08): From the following news article, it appears that Edwina Clarke was concurrently the Treasurer of Kamehameha Schools, as well as the president of its for-profit subsidiary, P&C Insurance, Inc., while Douglas Ing, Constance Lau and Diane Plotts were trustees – which, if true, would would be a breach of the IRS’s arms-length requirements, as well as constituting a real conflict of interest in the instant case.

March 11, 2004

Trust plans $9M
in HECO office repairs

The utility leases the downtown
space from Kamehameha Schools

By Rick Daysog, Star-Bulletin

Kamehameha Schools plans to spend $9 million to renovate Hawaiian Electric Co.'s downtown headquarters.

Under the terms of a proposed 20-year lease, Kamehameha Schools will spend $5 million over the next year to upgrade the historic Richards Street building, people familiar with the negotiations said.

The $6 billion charitable trust -- which owns the 40,000-square-foot structure and the land beneath it -- will add $2 million in tenant improvements in the next several years and another $2 million in the 11th year of the lease.

The deal underscores the interlocking relationships between the two organizations, but Kamehameha Schools officials said that trustees who also hold positions at HECO and its affiliated companies are playing no role in the lease negotiations.

Kamehameha Schools trustee Constance Lau heads HECO's sister company American Savings Bank, and trustee Diane Plotts is a director of HECO's parent Hawaiian Electric Industries Inc.

A third Kamehameha Schools trustee, attorney Douglas Ing, is a partner in the Watanabe Ing Kawashima & Komeiji law firm, which represents HECO on regulatory matters.

Kamehameha Schools' internal policies require board approval on all construction projects valued at $1 million or more. But people familiar with the deal said the HECO lease has not yet gone to Kamehameha Schools' board for review.

Under the Probate Court-mandated conflict-of-interest policy for the estate, trustees Ing, Lau and Plotts may have to recuse themselves if the lease goes to the board, leaving the five-member board without a quorum, people familiar with the trust said. The estate's board will then have to petition the Probate Court for instructions on handling the matter.

HECO, which has occupied the Richards Street offices since 1927, said its current lease will expire in November.

Lynne Unemori, HECO's director of corporate communications, said HEI's board played no role in the negotiations. One person familiar with the talks said Lau, Ing and Plotts were not involved in any of HEI's discussions on the matter.

Unemori declined to discuss the specific terms of the lease, saying the deal is not final. But she said the proposed deal makes business sense for both the estate and HECO.

People familiar with the negotiations said HECO's rent payments, currently set at $650,000 a year, will increase to $775,000 a year during the first five years of the lease. That annual rent will increase every five years to about $1.3 million during the final five-year period covered by the lease.

During the next 20 years, Kamehameha Schools stands to receive about $18 million in rent payments, or double the amount in planned tenant improvements.

HECO said its building requires significant repairs to its ventilation system and elevators. The building also requires major construction to comply with federal guidelines of the Americans with Disabilities Act, according to one person familiar with the discussions.

Unemori said HECO has looked at other downtown sites for possible relocation.

Kamehameha Schools' links to HEI are not limited to the boardroom.

HEI Chief Executive Robert Clarke's wife, Edwina, is Kamehameha Schools' treasurer, and HEI Chief Financial Officer Eric Yeaman previously served as Kamehameha Schools' chief financial officer.

HEI board member Oswald Stender is a former Kamehameha Schools trustee, while Ing's law partner Jeffrey Watanabe is an HEI director. Watanabe also is a board member of Oahu Publications Inc., the parent company of the Honolulu Star-Bulletin.

http://archives.starbulletin.com/2004/03/11/news/story3.html

~ ~ ~

NEW DISCOVERY (05-04-08): Undisclosed conflicts of interest between Randall Wulff, Larry Silverstein, 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, and others:

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
19th 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, 23rd Floor
Honolulu, HI 96813
Telephone: 808-544-8300

Roger Moseley
Moseley Biehl Tsugawa Lau & Muzzi
1100 Alakea Street, 23rd 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

~ ~ ~

NEW DISCOVERY (02-09-08): Kamehameha Schools made a “confidential” settlement agreement with the plaintiff in the John Doe vs. Kamehameha Schools case, which my former attorney, John Goemans, Esq., says, according to what he has learned from the IRS, violates the rules for a non-profit charitable trust:

~ ~ ~

February 8, 2008

Kamehameha Schools settled
lawsuit for $7M

By Jim Dooley, Advertiser Staff Writer

Kamehameha Schools paid $7 million to settle a lawsuit filed by an anonymous student who claimed the schools' Hawaiians-first admissions policy violates civil rights laws, according to an attorney involved in the case.

Terms of the confidential settlement have been a closely guarded secret since it was signed in May just before the U.S. Supreme Court was to decide whether to hear the case.

The settlement ended a four-year effort by a non-Hawaiian teenager, known only as John Doe, to enter the Kamehameha Schools system.

Attorney John Goemans — who planned the legal action, found the plaintiff and brought the case to Sacramento private attorney Eric Grant to litigate — revealed the amount of the settlement in an exclusive interview with The Advertiser.

"The amount of the settlement is important public information that should be disclosed by a charitable institution that receives tax-exempt status from the Internal Revenue Service," Goemans said in a telephone interview.

The lawsuit challenging the schools' admissions policy was the first case of its kind to reach the doors of the U.S. Supreme Court and stirred enormous controversy in Hawai'i.

Critics of the settlement pointed out that additional legal challenges could still be mounted against the admissions policy, and news of the $7 million that the schools paid could increase the chances of new lawsuits.

Local attorney David Rosen, who made news last year by actively seeking plaintiffs for a new challenge to the admissions policy, said yesterday he is preparing a suit against Kamehameha Schools.

Kamehameha Schools, previously known as Bishop Estate, is a nonprofit organization with assets of $7.7 billion.

Grant, appearing yesterday at a University of Hawai'i law school symposium on the lawsuit, known as John Doe vs. Kamehameha Schools, declined to discuss the settlement when told that Goemans had disclosed the $7 million figure.

Kamehameha Schools' lead attorney in the lawsuit, Kathleen Sullivan, a former dean of the Stanford University law school, also declined comment.

"Terms of the settlement are inviolate," said Sullivan, also a participant at the UH symposium yesterday.

Ann Botticelli, spokeswoman for the Kamehameha Schools board of trustees, also declined to comment on Goemans' statements or the size of the settlement.

The settlement says that anyone who discloses its contents is subject to a $2 million penalty, but Goemans said he was not a party to the agreement and never signed it.

Goemans, who is recovering from heart surgery, said yesterday that he was opposed to the $7 million settlement but that "it was the client's decision" to accept it.

PART OF TAX RECORD

Goemans said an attorney representing Grant breached the confidentiality clause by mailing a copy of the agreement to Goemans last year.

Goemans added that Kamehameha Schools must disclose details of the settlement on its 2007 tax return, which is due to be filed later this year, and on annual financial reports the charity is required to file with the state attorney general's office and with the state court.

Tax returns of nonprofit institutions such as Kamehameha Schools are public records under federal law. The institution's annual financial accountings — which date to its founding by Princess Bernice Pauahi Bishop in 1888 — are also open to the public.

Kamehameha operates three campuses — its flagship at Kapalama Heights on O'ahu, one on Maui and another on the Big Island — for the benefit of children of Hawaiian ancestry.

The institution plays a central role in Hawai'i society, in part because of its financial clout and in part because of its mission to educate children of Hawaiian ancestry. It is also the state's largest private landowner.

There are about 70,000 school-age children with Hawaiian blood, and 5,400 students were enrolled at Kamehameha's various schools last year. Kamehameha served 30,000 other children and adults through outreach programs and through its support of charter schools.

TO SUPREME COURT

Hawai'i federal Judge Alan Kay initially dismissed the John Doe lawsuit in November 2003, upholding the schools' argument that the admissions policy helped address cultural and socio-economic disadvantages that have beset many Hawaiians since the 1893 overthrow of the Hawaiian monarchy.

The plaintiffs appealed that decision to the 9th U.S. Circuit Court of Appeals, which overturned it in a three-judge decision in 2005. That ruling prompted protest rallies, prayer vigils and other gatherings around the state in support of the schools.

Lawyers for Kamehameha Schools then asked that all members of the appellate court review the matter and the full court reversed the three-judge panel's decision by an 8-7 vote in December 2006.

Grant then petitioned the U.S. Supreme Court to hear the case, and last May, on the eve of the high court announcement on whether it would take the case, the matter was settled out of court.

"We didn't think that there was a strong possibility (of losing) but that risk is always out there," J. Douglas Ing, chairman of the Kamehameha board of trustees, said in announcing the settlement in 2007. "There are no guarantees and there certainly were no guarantees from our lawyers that we would win the case."

Grant, the attorney for John Doe, said after the case was settled, "Obviously, a settlement is not exactly what either side wanted. But it is something both sides eventually came to terms on."

SPATS OVER FEES

Goemans is involved in a continuing dispute with John Doe, whose identity has never been revealed, and with Grant over how much money Goemans should receive for his part in the case.

Grant received 40 percent of the overall settlement — $2.8 million — although he had to sue the plaintiff and the plaintiff's mother in federal court in Sacramento last year to collect the money, according to Goemans and federal court records.

That collection lawsuit was filed in June after Kamehameha had paid the $7 million settlement. The dispute over the payment of Grant's fee was settled and dismissed in September.

Goemans said he asked John Doe and Jane Doe for 25 percent of the total settlement — $1.75 million — but has not yet received a response.

Grant filed a separate lawsuit against Goemans in California state court last year regarding how much compensation Goemans is owed for his part in the case.

That suit is still pending, although Goemans said he believes it is groundless and will be dismissed.

Grant yesterday declined comment on the collection lawsuit he filed in Sacramento against his own clients or the related action he filed against Goemans.

Goemans said he has received $20,000 in compensation to date from John Doe and his mother and is contemplating filing a new legal action of his own against them.

Honolulu Advertiser

~ ~ ~

February 9, 2008

School's $7M deal
raises ire, eyebrows

By Jim Dooley, Advertiser Staff Writer

Yesterday's disclosure of the $7 million payment made by Kamehameha Schools to settle a civil rights lawsuit prompted questions and anger from individuals on both sides of the schools' controversial admissions policy that gives preference to students of Native Hawaiian ancestry.

"It does seem like a lot of money. It sure would be if it was in my pocket," said University of Hawai'i law school professor Jon Van Dyke, who served as a legal consultant to Kamehameha in the lawsuit.

Van Dyke said yesterday he wasn't part of the settlement discussions and still believes the payment led to the right outcome for the school.

The settlement was signed in May just before the U.S. Supreme Court was scheduled to announce whether it would hear an appeal of the case. Terms of the settlement had been kept confidential until this week. John Goemans, an attorney for the plaintiff in the case, revealed the $7 million figure to The Advertiser.

The settlement meant that an earlier 8-7 vote by the 9th U.S. Circuit Court of Appeals in favor of Kamehameha's admissions policy is still the prevailing law.

H. William Burgess, a local attorney who filed legal papers with the U.S. Supreme Court supporting the plaintiff in the case, said yesterday, "Wow. The settlement was much larger than I thought."

Burgess said he still believes the case should have been heard by the Supreme Court so that legal questions surrounding the school's Hawaiians-first admissions policy were settled.

"I actually think the trustees of the Kamehameha Schools have a legal duty, when there's a legitimate legal question about what they're doing, to seek a resolution of the issue," Burgess said.

News of the $7 million payment provoked more than 500 online postings to The Advertiser that variously criticized school officials who approved the payment and the lawyers and the client who received the money.

Beatrice "Beadie" Dawson, a native Hawaiian attorney who is active in Kamehameha Schools affairs, said yesterday the settlement itself and now news of the $7 million amount "are like an open invitation for more lawsuits."

"I was very dismayed by news of the settlement last year and I was very surprised by the size of it today," Dawson said.

Hawai'i attorney David Rosen, who last year announced plans to file another legal challenge to the school's admission policy, confirmed this week that the lawsuit is taking shape but has not been filed.

He issued a news release yesterday reacting to the settlement amount that said, "The people of Hawai'i should be outraged that the trustees of Kamehameha Schools place a higher value on discriminating rather than educating."

Goemans, the lawyer who publicly revealed the $7 million figure, said he believes the settlement should be a matter of public record given Kamehameha Schools' status as a tax-exempt charitable institution.

Goemans helped bring the civil rights lawsuit against Kamehameha in 2003 on behalf of a non-Hawaiian student denied admission to the high school. The student and the student's mother, who live on the Big Island, have never been identified except as John Doe and Jane Doe.

Goemans also said the settlement is subject to review by the Internal Revenue Service and by the state attorney general's office, which oversees Kamehameha Schools' annual financial accountings filed with state Probate Court.

Attorney General Mark Bennett could not be reached for comment yesterday.

David Fairbanks, a Honolulu lawyer serving as the appointed "master" who must review Kamehameha's financial fillings for the Probate Court, did not respond to a telephone message for comment yesterday.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.

Honolulu Advertiser

~ ~ ~

February 9, 2008

$7M

An attorney involved in a challenge to Kamehameha Schools' Hawaiians-only policy reveals the amount of a settlement

By Ken Kobayashi, Honolulu Star-Bulletin

Kamehameha Schools made the first move to settle a legal challenge to their admissions policy giving preference to native Hawaiians and later agreed to pay $7 million, a lawyer involved in the case said yesterday.

John Goemans, an attorney for an unnamed non-native Hawaiian student who filed a lawsuit contesting the policy, said the charitable trust offered for the first time to talk about an out-of-court settlement last May, just days before the U.S. Supreme Court was to decide whether to hear the case.

Goemans, a former Big Island attorney recuperating in Florida from heart surgery, and Sacramento, Calif., lawyer Eric Grant, the lead attorney, represented the unnamed student and his mother.

"They (the schools) approached Eric and said we wanted to settle and we have to settle by Friday morning," when it was believed the high court was to make a decision about accepting the case, Goemans said.

He said it appeared the high court would accept their appeal of an 8-7 decision by the 9th U.S. Circuit Court of Appeals that upheld the policy.

"They (the schools) were worried about losing in the Supreme Court," Goemans said.

Goemans said he did not know how Grant and the Kamehameha Schools arrived at the $7 million figure.

The hotly disputed federal civil rights lawsuit caused a firestorm of controversy among Kamehameha Schools supporters who believed the challenge struck at the more than century-old admissions policy and the heart of the charitable trust's mission to educate children of Hawaiian ancestry.

The confidential settlement was announced on May 14. Those connected with the case repeatedly refused to disclose the terms.

Goemans said he was disclosing the amount because he said he recently learned from Internal Revenue Service officials that Kamehameha Schools, a tax-exempt charitable trust, cannot keep the figure confidential.

"Because exempt organizations operate in the public good, you got to report all your expenses with particularity, and you cannot keep information relative to those expenses confidential," he said. "It's in the public interest to have full disclosure."

Ann Botticelli, Kamehameha Schools spokeswoman, said yesterday the settlement contained a confidentiality clause.

"We intend to honor the terms, and we will not be discussing the settlement or John Goemans' assertions," she said.

Grant said yesterday he had no comment.

Kamehameha Schools, a multibillion-dollar charitable trust and the state's largest private landowner, was established under the 1883 will of Princess Bernice Pauahi Bishop. It educates more than 6,700 students at its flagship campus at Kapalama Heights, two other campuses on Maui and the Big Island, and 31 preschools throughout the state.

Senior U.S. District Judge Alan Kay upheld the school's Hawaiians-first policy, but a panel of the appeals court in San Francisco ruled 2-1 that the practice violated federal civil rights laws. That decision triggered statewide protests and marches by school supporters.

Later, a larger appeals court panel voted 8-7 to uphold the policy.

It was an appeal by Grant of that 8-7 ruling that was on the doorsteps of the U.S. Supreme Court when the settlement was announced.

At the time, school officials indicated that the settlement calling for the dismissal of the lawsuit leaves intact the appeals court's 8-7 decision upholding the admissions policy.

But the dismissal does not guarantee that another lawsuit might surface and make its way to the high court, although it would first have to go through the federal trial and appeals courts, where the 8-7 ruling would be considered to be binding on the issue. But even if those who file the new lawsuit lose on those two levels, they could still ask the high court to review the case.

Honolulu attorney David Rosen said he has plaintiffs for a lawsuit to challenge the admissions policy. He said the settlement does not affect his case. Rosen said he expects the suit will be filed this year.

Goemans said Grant received 40 percent, or $2.8 million of the $7 million. Goemans said he is preparing to file his own lawsuit seeking to recover a "reasonable percentage" of the $7 million for his work in the case.

Goemans said he found the unnamed student and arranged for Grant to be the attorney for the student and his mother.

"I put the whole thing together," Goemans said. "But for me there would not have been a $7 million payment."

The student never was admitted to Kamehameha Schools because his case was pending. He has since graduated from high school and had been attending college, Grant said last year.

http://starbulletin.com/2008/02/09/news/story02.html

~ ~ ~

February 9, 2008

Amount of settlement
raises critical concern

By Robert Shikina, rshikina@starbulletin.com

Supporters and critics expressed surprise yesterday at the $7 million Kamehameha Schools paid a student to settle a lawsuit disputing its Hawaiians-first admission policy.

One Kamehameha Schools alumnus says disclosure of the settlement with the anonymous, non-Hawaiian student will prompt questions among Hawaiians.

"I'm not happy with $7 million," said Kamehameha Schools alumnus Jan E. Hanohano Dill. "Unfortunately, that's a lot of money, and it's going to create a lot of questions in the Hawaiian community whether it was right or wrong and to continue."

Dill, also a board member of Na Pua a Ke Ali'i Pauahi, a nonprofit group whose members include students, parents, and alumni of Kamehameha Schools, said he continues to support the school's decision.

"I don't know the details, and I think that's something that has to be cleared," he said. "You settle because you want to avoid costs that would be incurred as you go forward."

He added, "I have to believe that they understood that this was something good for the Hawaiian people. ... It will be clear as things unfold whether that was true."

Dill, who is also president of the nonprofit Partners in Development Foundation, said the admissions policy must eventually be addressed and that the settlement avoids this case but does not stop other cases.

Marion Joy, former vice president of Na Pua, called the settlement a "misuse of trust funds."

"The trust is continually going to be challenged," she said. "This is not going to be the last. ... As far as settling for the particular lawsuit, it's not in the best interests of the beneficiaries (of the 1883 will of Princess Bernice Pauahi Bishop)."

Kamehameha Schools declined comment.

Honolulu attorney David Rosen, who has sought potential clients to sue Kamehameha over its admissions policy after the settlement, sent out a statement yesterday that said the $7 million settlement was used to "buy off this case."

He added that the trustees should open a campus on the Leeward Coast of Oahu and possibly Molokai where increased educational opportunities are needed.

H. William Burgess, a retired attorney and founder of Aloha for All, a group opposed to Hawaiian sovereignty, said the settlement raises questions about the proper use of the trust funds.

"Normally, trustees, if they're doubtful about doing something, they ask the court to give them instructions," he said. "Yet in this case, the biggest charitable trust, probably in the nation, instead of welcoming the opportunity to get the highest court in the land to settle it, they pay $7 million to leave it open. And it is very much open."

http://starbulletin.com/2008/02/09/news/story03.html

* * *

From The Catbird Seat website:

The Wise Old Owl asks: How much of the settlement amount came from Kamehameha’s insurance companies, and how much came from the trust funds? How much did Kamehameha Schools (and/or their insurance company) spend for defense costs in this case before they decided to settle? Who is their insurance company? Their insurance broker? Who actually signed the Settlement Agreement?

http://www.kycbs.net/Bishop7.htm

~ ~ ~

NEW DISCOVERY (11-20-07): Steven Guttman and Alan Ma are attorneys for Grayline Hawaii in their long-running bankruptcy case, with relationships to Kamehameha Schools’ Trustee J. Douglas Ing, and CEO Dee Jay Mailer:

 

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

---o0o---

In the Matter of the Application of GRAY LINE HAWAI`I, LTD. or Permanent Approval to Bifurcate Its Certificate of Public Convenience and Necessity to Operate in the Over-25 Passenger Classifications on the Islands Maui, Hawaii, and Kauai to Polynesian Adventure Tours, Inc

NO. 21916

(DOCKET NO. 96-0217)

On the briefs:

Castroverde for appellants

Robert's Tours & Transportation,

Inc., PHT, Inc., Trans Hawaiian-

Hawai`i, Inc., Trans Hawaiian-

Kauai, Inc., Trans Hawaiian-

Maui, Inc., Trans Hawaiian-Oahu,

Inc.

J. Douglas Ing, Wray H. Kondo,

and Teri Y. Kondo (of Watanabe,

Ing & Kawashima) for appellee

Jack's Tours, Inc.

Rodney H. Ushida for appellee

Aloha-State Tour & Transportation

Co., Ltd.

Steven Guttman and Alan Ma for

appellee Gray Line Hawai`i, Ltd.

Thomas W. Williams and Peter Y.

Kikuta (of Goodsill Anderson

Quinn & Stifel) for appellees

Polynesian Adventure Tours, Inc.

and RDH Transportation Services,

Inc.

http://www.hawaii.gov/jud/21916.htm

~ ~ ~

November 19, 2007

Hawaii bankruptcies still active years later

By Jim Dooley, Advertiser Staff Writer

It's been almost 10 years since Sukamto Sia, the high-rolling former Honolulu bank owner and real estate dealer, filed a $300 million personal bankruptcy case — and it still hasn't been resolved.

Sia's case is not the oldest bankruptcy pending in Hawai'i. A computer search of court dockets showed that there are 22 open cases filed between 1992 and 2000, involving hundreds of millions of dollars in unpaid debts.

Several of the bankruptcies generated financial and social shockwaves when they were filed. Sia's case was notable because of his flamboyant lifestyle and the related financial collapse of the Bank of Honolulu.

The old cases, while still unresolved, have dwindled away to obscurity.

As they drag out there is "less money ... to pay creditors," bankruptcy attorney Dawn Smith said. "Usually there are administrative expenses that have to be paid to attorneys, accountants, appraisers and so forth."

Those expenditures can result in recovery of money owed to the bankrupt estate and later distributed to creditors, but Smith noted that for creditors "waiting years and years for payment means they've lost the use of that money and interest it could have been earning."

The oldest active case is the 1992 Hamakua Sugar bankruptcy, in which one of the largest sugar plantations in Hawai'i closed its doors, throwing some 700 employees out of work and idling cultivation of some 35,000 acres of land on the Big Island. The bankruptcy case was first closed in 1999 but reopened in 2004 to deal with a $36,000 fuel rebate apparently owed to the bankrupt estate. That collection issue is unresolved.

According to paperwork filed when the case was reopened, even if the money is collected, it won't come close to paying all the bills in the case.

"The total amount of unpaid administrative (expenses) in this case is $1.2 million," the Office of the U.S. Trustee reported. "There are over 1,200 administrative claimants comprised of government agencies, former employees, landlords, professionals, and others."

The oldest personal bankruptcy case still active here is that of Marlene Lindsey, sister of former Kamehameha Schools/Bishop Estate trustee Lokelani Lindsey.

The sisters were convicted in 2002 of federal money-laundering and tax charges connected to Marlene Lindsey's bankruptcy case. The bankruptcy remains open while Lokelani Lindsey, who once collected $1 million per year from the Bishop Estate and was one of the most powerful and controversial women in Hawai'i, makes $300 monthly restitution payments to her sister's bankrupt estate.

As of July 31, she had managed to pay $5,000 of the $35,000 she was ordered to repay in 2002.

Other cases include that of Mahalo Air, the startup interisland air carrier that launched service here in 1993 and shut its doors with a 1997 bankruptcy filing that is still active.

The financial failure of Gray Line Hawaii Ltd., the state's third-largest tour bus company, which shut its doors in 1997, is also generating paperwork in Bankruptcy Court.

In the Sia case, a lot has happened to the Indonesian-born businessman since he filed the bankruptcy action in 1998, listing among his debts tens of millions of dollars owed to gambling casinos in Las Vegas, London and Asia.

He was convicted in 2002 of bank and bankruptcy fraud related to the financial collapse and federal takeover of the Bank of Honolulu. He served three years in federal prison and was deported and forbidden ever to return to the United States.

Just a few months ago, he married Kelly Randall, who was his co-defendant in the fraud case, in a lavish wedding at the Hotel de Paris in Monaco.

A few friends from Honolulu attended the July nuptials, including state Senate vice president Donna Mercado Kim and Waikiki's "Ambassador of Aloha," entertainer Danny Kaleikini, according to news accounts of the event.

Attempts to reach Kim, Kaleikini and Linda Wong, another Honolulu friend of Sia's who attended the Monaco wedding, were unsuccessful.

Sia and Randall could not be reached. Sia's local bankruptcy attorney, Noah Fiddler, did not return telephone calls for comment.

Sia still owes more than $200 million to creditors around the world. Randall owes more than $1 million because of a series of transfers of assets Sia made to her, according to documents in the case.

Some creditors wonder where the money came from for the European wedding.

"I don't doubt there are still millions dollars out there which were never found," said Paul Alston, local attorney for an Asian bank owed more than $4 million.

The largest single creditor in the case is CommerzBank (Southeast Asia), which is owed some $41 million, according to case records.

According to accounts of the wedding published in two Singapore-based magazines, it was an exclusive and expensive affair.

Guido Giacometti, the court-appointed private trustee in charge of the Sia bankruptcy case, said he believes it will be closed in the next few months.

"We found all the pockets (of money) that we could," he said.

The Office of the U.S. Trustee, an arm of the Justice Department that oversees the administration of bankruptcy cases, stresses the need to close cases as quickly as possible, Giacometti said.

"We stay in close touch with the office," Giacometti said. "There are cases like this one which stretch out over years and I think the U.S. Trustee's office understands that."

He added: "This was a very complex case with international aspects and with connections to criminal proceedings. Next year it will be 10 years since the case was filed and I'm as anxious to close it as anyone else involved."

Carol Muranaka, assistant U.S. trustee in charge of the Hawai'i office, declined comment, referring questions to Steven Katzman, head of the U.S. Trustee's regional office in San Diego.

Katzman, who oversees bankruptcy administration in Southern California, Hawai'i, Guam and Saipan, was traveling and could not be reached for comment.

ACTIVE BANKRUPTCIES

Hawai'i bankruptcies filed 1992-2000 that are still active:

1992: Hamakua Sugar Co. Inc.

1994: Papa Bay Inc.

1995: Lindsey, Marlene

1996:

Gray Line Hawaii Ltd.

Industrial Technology Inc.

1997:

Mahalo Air Inc.

Kunimoto, Allan

Upland partners

1998:

Hawaiian International Service & Tours

Syntech, Ltd.

Ho'Ano Inc.

Sia, Sukamto

1999:

Oahu Construction Co. Ltd.

Harmon, Bobby & Theresa

Multimedia Pacific Inc.

Hawaiian Super Prix LLC & Frontier Insurance Group

Hawaiian Grocery Stores Ltd.

2000:

Lee, Tanya

Midpac Lumber Co. Ltd.

Cg Investments Inc.

Cabuloy, Vicente

Giacometti v. Arton Bermuda Ltd. (related to 1998 Sia case)

Source: U.S. Bankruptcy Court

Reach Jim Dooley at jdooley@honoluluadvertiser.com

~ ~ ~

From www.brokentrustbook.com:

Latest Developments as of May 12, 2007

"Almost certainly Hawai‘i’s book of the year" ... Click here for bestseller lists, and here for reviews.

This Week's Quote*:

"I just finished reading 'Broken Trust' and it is brilliant! I could not put it down. For every question I had, there was an answer in the book. It is clear, concise, historic, and hugely entertaining. This should be required reading for everyone, especially students. I am also dismayed and discouraged that, in so many ways, nothing changed.

Maybe I am naive, but it makes me angry that the still sitting judiciary is responsible not only for the debacle, but the perpetuation of the same skewed selection process. They have no shame, no remorse, no ethical or moral sense to make a change that is so obvious, only justification of their own behavior. That the 'interim trustees', despite the IRS mandates, public outcry, legal cases, etc, kept the BE staff attorneys on the payroll completely boggles my mind.

Thank you for having the courage and the sheer grit to write this book. Without this record, I have no doubt the players would continue minimizing the truth and erasing history to excuse actions that are truly inexcusable."

-Kathi Thomason, Accountant

~ ~ ~

Latest Developments as of February 19, 2007

This Week's Quote:

"I loved this book! Not only is the story amazing, and well-researched, but it is so well told. It was like reading a thriller; I could not wait to find out what would happen next. Who would have thought that a book about a charitable trust could be so exciting? Some of the characters are truly unforgettable. I guess truth really is stranger than fiction. I am still shaking my head at the fiduciary breaches and the conflicts of interest."

-Professor Mary LaFrance, University of Nevada School of Law

Last Week's Quote:

"I write a monthly column for Morningstar on fiduciary investment issues so naturally I have a deep interest in ensuring that non-profits invest and spend their money prudently. Nonetheless, I was not too keen on reading a 300-page book on a Hawaiian charitable trust while on my vacation. Boy, was I wrong! Broken Trust reads like a political thriller with a whole assortment of characters straight out of a Tom Clancy novel and plot twists that are always unexpected. What's most amazing, though, is that it all happened in real life. I really enjoyed this book; it was hard to put down. A great read!"

-W. Scott Simon, author of The Prudent Investor Act: A Guide to Understanding (2002)

~ ~ ~

October 6, 2006

From www.brokentrustbook.com:

Lokelani Lindsey's Handwritten Notes from Trustee Meetings:

Volume 1
Volume 2

Number One Nonfiction Book in Hawaii for Past Six Months

~ ~ ~

Bobby N. Harmon, CPCU, ARM



 

Las Vegas, NV 89118-2070

October 17, 2005

VIA facsimile @ (808) 529-7177

and e-mail: sguttman@kdubm.com

Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
220 South King Street, 19th Floor
Honolulu, HI 96813

RE:    CV05-00030 - Mary Lou Woo v. Bobby N. Harmon
Witnesses Judge Kevin Chang and J. Douglas Ing

Dear Mr. Guttman:

Due to the discovery of undisclosed conflicts of interests between Judge Kevin Chang and Kamehameha Schools’ trustee J. Douglas Ing, of the law firm of Watanabe, Ing, & Kawashima, I am hereby amending the witness descriptions for these two individuals.

You will find additional details on the following Web pages:

www.starbulletin.com/1999/09/03/news/story11.html

www.kycbs.net/CV05-00030-Witness-Ing-Douglas.htm

www.kycbs.net/CV05-00030-Witness-Chang-Kevin.htm

Please contact me if you have any questions, or if Mary Lou Woo, your law firm, and your respective professional liability insurance carriers, should wish to attempt to settle the referenced case through confidential, out-of-court negotiations.

Very truly yours,


Bobby N. Harmon, CPCU, ARM

cc’s:  Governor Linda Lingle, State of Hawaii (via fax @ 808-586-0006)

Mark Recktenwald, Director, Dept of Commerce & Consumer Affairs

(via Email: Mark.E.Recktenwald@dcca.hawaii.gov)

Alberto Gonzales, U.S. Attorney General (via Email: AskDOJ@usdoj.gov)

Mark Bennett, Hugh Jones, Dorothy Sellers, and Lawrence Goya,

Office of the Attorney General, c/o Hugh Jones, Deputy Atty. General

(via Email: hugh.r.jones@hawaii.gov)

Edward H. Kubo, Jr., U.S. Department of Justice (via fax @ 808-541-2958)

Charles L. Goodwin, Federal Bureau of Investigation, Honolulu Office

(via Email: HONOLULU@FBI.GOV)

Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)

Margery Bronster, Esq., former Hawaii Atty. Gen. (via Email: info@bchlaw.net)

Billy Beaver, Pension & Welfare Benefit Admin. (via fax @ 626-229-1098)

Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)

Edwina Clarke, President, P&C Insurance Company, c/o Ms. Alison Quinlivan, Marsh Management Services, Inc. (via Email: alison.quinlivan@marsh.com)

William K. Slate II, President/CEO, American Arbitration Association

(via fax @ 212-716-5905 and Email: Websitemail@adr.org)

Judith Neustadter Fuqua, Esq., Arbitrator (via Email: Judy@tiki.net)

Jeffrey Case, VP, Aon Risk Services, Inc. (via fax @ 808-540-4301)

Mr. Mike Coulter, Deputy Managing Director, Aon Insurance Managers

(via Email: mike_coulter@agl.aon.com)

Terry Mullen, President, John Mullen & Co. (via Email: tmullen@johnmullen.com)

J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)

Craig Watanabe, Insurance Division (via Email: captiveins@dcca.hawaii.gov)

Colbert Matsumoto, CEO, Island Insurance Co. (via fax @ 808-654-8456)

Michael N. Tanoue, Pacific Law Group (via Email: mtanoue@paclawgroup.com)

Michael G. Cherkasky, CEO, Marsh & McLennan (via fax @ 212-345-4838)

John D. Finnegan, CEO, The Chubb Corporation (via Email: info@chubb.com)

Mary I. King, St. Paul Travelers Ins. Co. (via Email: miking@stpaultravelers.com)

Lissa H. Andrews, Esq., Rush Moore LLP, Attorney for Federal Insurance Co. (via Email: landrews@rehawaii.com)

Council of the County of Maui (via Email: county.clerk@co.maui.hi.us)

Hawaii County Council (via fax: 808-961-8912)

Matt A. Tsukazaki, Esq., Torkildson Katz ... (via Email: mat@torkildson.com)

James Duca, Esq. (via Email: jduca@kdubm.com)

Sidney K. Ayabe, Esq., Ayabe Chong Nishimoto Sia... (via fax @ 808-526-3491)

Susan Tius, Esq., Rush Moore LLP (via Email: Stius@rmhawaii.com)

KSBE (former) Trustees Wong, Peters, Jervis, Stender & Lindsey

c/o Kenneth Hipp, Marr Hipp Jones... (via Email: khipp@marrhipp.com)

Roy F. Hughes, Esq., Hughes & Taosaka (via Email: hthughes@hawaii.rr.com)

Kobi L. Gibbs, Esq., ALPS, Claims Atty for Bradley Tamm and Gregory Dunn

(via fax @ 406-728-7416)

Robert F. Miller (via fax @ 808-521-3359 and Email: info@robertfmiller.com)

David A. Nakashima, Esq., Alston Hunt Floyd & Ing (via Email: dan@ahfi.com)

Richard Turbin, Pres., Hawaii State Bar Assoc. (via Email: richturbin@aol.com

Lyn Flanigan Anzai, Hawaii State Bar Association (via Email: lanzai@hsba.org)

American Bar Association (via Email: dispute@abanet.org)

Arnold T. Phillips, Esq. (via fax @ 808-528-5006)

Ian Lind, www.ilind.net (via Email: ian@ilind.net)

The National Business Center (via Email: webteam@nbc.gov)

Others...

www.kycbs.net/CV05-00030-Witness-Ing-Douglas-10-17-5.htm

~ ~ ~

J. Douglas Ing is expected to testify regarding his involvement and participation in any discussions or decisions made by Kamehameha Schools regarding Defendant Harmon’s various claims against Kamehameha Schools and its subsidiaries - in particular his claims against P&C Insurance Company.

J. Douglas Ing will be expected to produce copies of any letters, notes, memos, emails or other communications regarding his discussions and decisions regarding these claims.

J. Douglas Ing is also expected to testify regarding his personal, business, professional, financial and social relationships with the State of Hawaii, County of Hawaii, County of Maui, City and County of Honolulu, Judge Colleen Harai, Judge Kevin Chang *, Hugh Jones *, Lissa Andrews, Judge David A. Ezra, Judge Barry Kurren, Faye Kurren, Tesoro Hawaii, David Black, Constance Lau, Nainoa Thompson, Elisa Yadao, Edwina Clarke, Hawaiian Electric Co., Kirk Belsby, Cindy Winegar *, Guido Giacometti, Susan Tius, Lyn Anzai, Earl Anzai, Lawrence Goya, Gerard Jervis, Oswald Stender, Hugh Jones, William S. Richardson, Diane Plotts, Gilbert Tam, Robert K.S. Kihune, Sandwich Isles Communications, Summit Communications, Nathan Aipa, J.P. Schmidt, Randall Chang, William Rosehill*, Henry Peters*, Richard Wong*, Steven Guttman, Judith Neustadter Fuqua, Colbert Matsumoto, Island Insurance, Donna Tanoue, Michael Tanoue, Rocco Sansone, Marsh & McLennan, Jeff Stone, Ko Olina Partners, Robin Campaniano, AIG, Jeffrey Case, Aon, Haunani Apoliona, Daniel Akaka, Daniel Inouye **, George Ariyoshi, John Waihee, University of Hawaii Foundation **, Jeffrey Watanabe ***, Louise Ing ***, Alston Hunt Floyd & Ing, Judge Samuel King, Randy Roth, Judge Rey Graulty, Judge James Duffy, Dan Case, Steve Case, Suzanne Case, The Nature Conservancy, Elizabeth K. Lindsey Buyers, James Nicholson, David Farmer, Judge Robert Faris, Judge Lloyd King, Judge Karen Radius, Judge Eden Elizabeth Hifo (fka Bambi Weil), Lokelani Lindsey, Hamilton McCubbin, Dee Jay Mailer, Louanne Kam, Hawaii-American Water Co., Bill Clinton, Hillary Clinton, Yucaipa, John Jubinsky, and others to be named upon discovery.

Internet References:

Zoominfo Profile for Bobby N. Harmon, CPCU

www.zoominfo.com/Search/ReferencesView.aspx?PersonID=912950374

www.kycbs.net/Zoominfo-Profile-Bobby-N-Harmon-CPCU.htm

Chronologies

www.kycbs.net/BH-CHRON-88-96.htm

www.kycbs.net/BH-CHRON-97-99.htm

www.kycbs.net/BH-Settlement-Chronology.htm

Documents, News Articles and Related Links

www.ksbe.edu/about/trustees/trustee_ing.php

www.kycbs.net/Bishop5.htm

www.kycbs.net/Broken-Trust-Book.htm

http://www.professionalresults.com/wik/

http://www.opensecrets.org/1996os/detail/S0HI00084.htm

www.kycbs.net/BH-CHRON-88-96.htm *

www.kycbs.net/BlueGold.htm

http://starbulletin.com/98/09/22/news/story4.html *

http://starbulletin.com/1999/01/12/news/story3.html

http://starbulletin.com/1999/09/03/news/story11.html *

www.uhf.hawaii.edu/about-boardoftrustees.asp **

www.opensecrets.org/1998os/detail/N00001762.htm **

www.co.maui.hi.us/files/COW/Report/0246_13_ac_02-115.pdf

www.uhf.hawaii.edu/NewsEvents/2005/news-press_050703.asp **

www.terabiz.com/smiling.html ***

http://query.nictusa.com/cgi-bin/com_supopp/C00356261/

www.bizjournals.com/pacific/stories/2005/05/30/daily31.html

www.hsba.org/HSBA/Legal_Research/Hawaii/sc/23520.cfm

http://starbulletin.com/2000/04/22/news/story7.html

www.starbulletin.com/2000/05/09/editorial/editorials.html

www.starbulletin.com/2000/07/12/news/story2.html

http://starbulletin.com/2000/11/04/news/story2.html

http://the.honoluluadvertiser.com/2000/Sep/02/92localnews1.html *

www.kycbs.net/InsuranceCommissioners.htm

www.kycbs.net/AAA-McCubbin-7-21-0.htm

www.kycbs.net/McCubbin-7-26-00.htm *

www.kycbs.net/Claim-IRS-10-10-0.htm *

www.starbulletin.com/2000/11/03/news/story1.html

www.kycbs.net/Doc-Guttman-To-Kurren-12-20-99.pdf

www.kycbs.net/Settlement-Agreement-Signatures.pdf

www.kycbs.net/EQ2048-Anzai-McCubbin-4-27-0.pdf

www.starbulletin.com/2000/11/03/news/story1.html

http://starbulletin.com/2000/11/04/news/story2.html

www.starbulletin.com/2000/12/09/news/story3.html

www.hei.com/hoahana/2001.Q1/5.html

http://starbulletin.com/2003/05/05/news/story13.html

http://starbulletin.com/2004/03/28/news/index2.html

www.kycbs.net/Claim-Guttman-8-4-4.htm *

www.starbulletin.com/2004/08/15/business/

www.kycbs.net/Woo-1-31-3.htm

www.kycbs.net/Claims-By-Harmon.htm

www.kycbs.net/Claim-Woo-10-1-4.htm *

www.kycbs.net/Confessions.htm

www.kycbs.net/RICO-BH.htm

www.kycbs.net/McCubbin.htm

www.kycbs.net/McCubbin-MorganLewis.htm

www.kycbs.net/Harmon-Trustees.htm

www.kycbs.net/Developers.htm

www.kycbs.net/Alexander-Baldwin.htm

www.kycbs.net/BrokenTrust.htm

www.kycbs.net/PunaConnection.htm

www.kycbs.net/Hawaiian-Electric.htm

www.kycbs.net/Kajima.htm

www.kycbs.net/NatureConservancy.htm

www.kycbs.net/FiringDobelle.htm

www.kycbs.net/SandwichIsles.htm

www.kycbs.net/Summit-Communications.htm

www.kycbs.net/Claim-PC-HIC-12-29-0.htm

www.kycbs.net/Harmon-Trustees.htm

www.kycbs.net/Claim-PC-7-28-3.htm

www.kycbs.net/AAA-10-02-3.htm

www.kycbs.net/AAA-12-15-3.htm

www.kycbs.net/Claim-McCubbin-3-8-4.htm

www.kycbs.net/AAA-3-9-4.htm

http://starbulletin.com/2004/03/11/news/story3.html

www.kycbs.net/AAA-P-C-5-26-4.htm

www.kycbs.net/AAA-P-C-6-17-4.htm

www.kycbs.net/Claim-Guttman-8-4-4.htm

www.kycbs.net/Claim-MarrHipp-8-9-4.htm

www.kycbs.net/Claim-Guttman-8-10-4.htm

www.kycbs.net/Claim-Guttman-8-13-4.htm

www.kycbs.net/Claim-KS-9-11-4.htm

www.kycbs.net/Claim-Island-9-23-4.htm

www.kycbs.net/Claim-Woo-10-1-4.htm

www.co.honolulu.hi.us/refs/bill/text/resotrk.htm

www.kycbs.net/Claim-KS-2-7-5.htm

www.kycbs.net/Claim-KS-3-1-5.htm

www.kycbs.net/Claim-KS-4-12-5.htm

www.kycbs.net/CV05-00030-McCullough-6-18-5.htm *

www.kycbs.net/Claim-KS-6-29-5.htm

www.kycbs.net/CV05-00030-Guttman-8-5-5.htm

www.kycbs.net/Claim-KS-Offer-8-12-5.htm

www.kycbs.net/Claims-By-Harmon.htm

www.kycbs.net/Claims-Branch-Kamehameha.htm

www.kycbs.net/Claims-Branch-P-C.htm

www.kycbs.net/Claims-Branch-Commissioners.htm

www.kycbs.net/Claims-Branch-AttorneyGeneral.htm

www.kycbs.net/Claims-Branch-IRS.htm

www.kycbs.net/Claims-Branch-FBI.htm

www.kycbs.net/Claims-Branch-SEC.htm

www.kycbs.net/Bishop.htm

www.kycbs.net/Bishop2.htm

www.kycbs.net/Bishop3.htm

www.kycbs.net/Bishop4.htm

www.kycbs.net/Bishop5.htm

www.kycbs.net/Bishop6.htm

www.kycbs.net/Bishop7.htm

http://starbulletin.com/specials/bishop/story2.html

Equity 2048 -The Richards Report

Pages 1-26; Pages 26-49; Pages 50-75; Exhibit 2; Exhibit 2b

XL Reinsurance Policy No. XLRKS-01796

www.kycbs.net/Doc-EQ2048-XL-Policy-Dec.pdf

www.kycbs.net/Doc-EQ2048-XL-Policy.pdf

www.kycbs.net/Doc-EQ2048-XL-Policy-Append.pdf

Equity 2048 - Related Correspondence and Documents

www.kycbs.net/Doc-EQ2048-Mediation-Order-3-9-0.pdf

www.kycbs.net/EQ2048-Anzai-McCubbin-4-27-0.pdf

www.kycbs.net/EQ2048-AG-Trustees-4-27-0.pdf

www.kycbs.net/EQ2048-Miyagi-AG-4-27-0.pdf

www.kycbs.net/Doc-EQ2048-Seal-Docs-5-3-0.pdf

www.kycbs.net/Doc-EQ2048-PC-Peters-5-5-0.pdf

www.kycbs.net/Doc-EQ2048-AG-Witnesses-5-19-0.pdf

www.kycbs.net/EQ2048-XL-Miyagi-AG-5-26-0.pdf

www.kycbs.net/Doc-EQ2048-Form990-1998-pdf

www.kycbs.net/EQ2048-DiscoveryFees-5-30-0.pdf

www.kycbs.net/EQ2048-AG-Objection-6-23-0.pdf

www.kycbs.net/EQ2048-Federal-Response-6-23-0.pdf

www.kycbs.net/EQ2048-Deposition-Notice-7-21-0.pdf

IRS Closing Agreement for Kamehameha Schools

www.kycbs.net/KSBE-IRSagrmnt.pdf

www.kycbs.net/KSBE-IRSagrmnt2.pdf

The Na Kumu Book Advisory Group

www.kycbs.net/NaKumuBook-6-10-4.htm

www.kycbs.net/NaKumuBook-6-12-4.htm

www.kycbs.net/Doc-Guttman-To-AAA-6-19-4.pdf

www.kycbs.net/AAA-6-21-4.htm

Broken Trust: Greed, Mismanagement & Political Manipulation

www.kycbs.net/Broken-Trust-Book.htm

www.brokentrustbook.htm

Lost Generations: A Boy, A School, A Princess

www.kycbs.net/Lost-Generations.htm

Hawaiian Apartheid

www.kycbs.net/Apartheid-Hawaii.htm


TO GO TO THE WOO VS. HARMON WITNESS INDEX


www.kycbs.net/CV05-00030-Witness-Index.htm

Originally posted: July 1, 2005, by The Catbird

Last updated: January 13, 2010