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

Kane has served as chairman of the Department of Hawaiian Home Lands since 2003. He previously was chairman of the Hawaii Republican Party. He holds a master’s of business administration degree from the University of Hawaii.

Kane was one of three finalists. Also considered were Anthony Ching, executive director of the Hawaii Community Development Authority, and Ray Soon, a former Kamehameha Schools executive and former chairman of the Department of Hawaiian Home Lands.

The four Kamehameha Schools trustees with current terms are: Diane Plotts, Corbett Kalama, Doug Ing and Chairman Nainoa Thompson.

The position pays about $90,000 annually.

Kamehameha Schools, founded in 1883 by Princess Bernice Pauahi Bishop as a nonprofit trust, operates schools on Oahu, Maui and the Big Island for more than 6,700 students of Hawaiian ancestry. It is the state’s largest private landowner with more than 360,000 acres.

http://www.bizjournals.com/pacific/stories/2009/07/20/daily6.html

* * * * *

THE CATBIRD’S NEST

TRACKING THE TRUSTEES!

* * * * *

"KSBE TRUSTEE UPDATE, by Rick Daysog" - (An Exhibit in CV05-00030 - U S Dept of Justice vs Harmon)

Friday, July 17, 2009 5:14 AM

From:

Bobby N. Harmon, CPCU

To:

"President Barack Obama" <president@whitehouse.gov>, "U.S. Attorney General Eric Holder" <AskDOJ@usdoj.gov>, "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>, "Judge David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Judge Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Judge Barry M. Kurren" <tammy_kimura@hid.uscourts.gov>, "Securities & Exchange Commission Enforcement Division" <enforcement@sec.gov>, "U.S. Treasury Dept. Office of Inspector General" <hotline@oig.treas.gov>, "Office of Inspector General US Dept of Justice" <oig.hotline@usdoj.gov>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Judge Robert Faris" <hib@hib.uscourts.gov>, "SEC Office of The Inspector General" <oig@sec.gov>, "Hawaii State Bar Association" <info@hsba.org>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Mark Bennett" <hawaiiag@hawaii.gov>, "American Arbitration Association" <webcase@adr.org>, "Judith Neustadter" <Judy@tiki.net>, "Benjamin J. Cayetano" <bjcayetano@aol.com>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arthur Rath" <imua@spamarrest.com>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Hurd" <mcp@mediatehawaii.org>, "David Shapiro" <volcanicash@gmail.com>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "Judson Witham" <jurisnot3@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "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>, "Paul Alston" <palston@ahfi.com>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Laura Thielen" <dlnr@hawaii.gov>, "Vaughn & Lynda Robinson" <ronpaulslcutah@yahoo.com>, "Rebecca Christie" <rchristie4@bloomberg.net>, "Catbird" <the-catbird@hotmail.com>, "James Duca" <jduca@kdubm.com>, "Ian Lind" <diary@ilind.net>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Jack Cashill" <JCashill@aol.com>, "Marshall Chriswell" <mc@whistleblowers.org>, "Laser Haas" <laserhaas@msn.com>, "Lucy Komisar" <lkomisar@msn.com>, "Democrats.com" <activist@democrats.com>, "Debra Sweet" <debrasweet@worldcantwait.org>, "Jane Kirtley" <kirt001@umn.edu>, "John Jubinsky" <Jube@tghawaii.com>, "Yamil Berard" <yberard@star-telegram.com>, "Global Exchange" <communications@globalexchange.org>, "William K. Black" <blackw@umkc.edu>, "Carole Williams" <cjwms@up.net>, "Susan Tius" <STius@rmhawaii.com>, "Human Rights in China" <hrichina@hrichina.org>, "Michelle Malkin" <writemalkin@gmail.com>, "Phil J. Berg" <philjberg@obamacrimes.com>, "Amnesty International U.S.A." <aimember@aiusa.org>, "Michael Moore" <bailout@michaelmoore.com>, "California Anti-SLAPP Project" <info@casp.net>, "Thomas Fitton" <info@judicialwatch.org>, "Ron Branson" <VictoryUSA@jail4judges.org>, "ACLU of Kentucky" <info@aclu-ky.org>, "ACLU Online" <ACLUOnline@aclu.org>, "Louanne Kam" <lokam@ksbe.edu>, "Paul Kiel" <paul.kiel@propublica.org>, "Fiona Tarazi" <Fiona.Tarazi@propublica.org>, "Eric Martinson" <emartinson@tradewindcap.com>, "Bruce Nakaoka" <bnakaoka@tradewindcap.com>, "Oswald Stender" <info@oha.org>, "Crystal Rose" <mail@legalhawaii.com>... more

KSBE trustee update

July 16th, 2009 by Rick Daysog

The state Probate Court will hold a hearing tomorrow morning on a new Kamehameha Schools trustee.

Finalists include Department of Hawaiian Home Lands Chairman Micah Kane, Hawaii Community Development Authority Executive Director Anthony Ching, and former Kamehameha Schools executive, and ex-DHHL chairman Ray Soon to replace outgoing trustee Robert Kihune whose term ends tomorrow.

Unlike recent appointments to the trust's five-member board, this one has generated some discord in the Kamehameha ohana.

In May, the court-appointed master for the estate recommended extending Kihune's term by a year before backing away from the plan.

Shortly after the master made his recommendation, several prominent native Hawaiian women criticized the court-appointed screening panel for not considering a female among the finalists.

There are other logistical problems.

If the Probate Court ends up picking either Kane or Ching, it could conflict with a Kamehameha Schools internal policy against hiring or contracting current or former government official.

(The policy does not bar Soon from being hired because his employment as DHHL's chief occurred more than three years ago.)

The internal policy is part of the governance reforms implemented by Kamehameha Schools in wake of the late 1990s trust scandal.

It was meant to address the much-maligned practice of hiring or contracting with elected and appointed state officials such as former state Sen. Milton Holt, former state Sen. Marshall Ige, former state House Rep. Terrance Tom and ex-state Budget Director Yukio Takemoto.

The internal policy differs from the 1999 closing agreement with the Internal Revenue Service, which settled the IRS's long-running audit of the trust's finances and governance policies.

The IRS closing agreement only bans the hiring of current and former elected officials and not appointed officials such as Kane and Ching.

Of course, an internal policy banning the hiring of government officials is not binding on the Probate Court and the current board of trustees could chose to waive the internal policy in this case.

What's more, the position of a trustee is a gray area because experts argue that a trustee is not exactly an employee nor can they be considered outside contractors.

But what's troubling to some in the Kamehameha ohana is that the trustee screening committee didn't appear to take this internal policy into consideration.

If's far too late to redo the selection process but the proper thing the screening committee should have done is to acknowledge the potential conflict with the internal policy by petitioning the court for instructions, some legal experts say.

Otherwise, it makes it appear as the though the screening committee is ignoring the sad history of the trust's political activities during the 1980s and 1990s, they said.

Tags: Anthony Ching, Hawaii politics, Kamehameha Schools, Micah Kane, Ray Soon, Retired Adm. Robert Kihune, trustee selection

http://bizbites.honadvblogs.com/

* * *

July 17, 2009

Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, Ms. Neustadter, Judge Kevin Chang, Judge David Ezra, and All Concerned:

Due to the new discovery of facts that directly relate to this lawsuit which violates my constitutional rights of Free Speech and a Fair Trial, and Federal and State Anti-SLAPP statutes, I am adding the subject Exhibit.

You will find related information online at:

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

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

http://www.kycbs.net/Hawaiian-Home-Lands.htm

http://www.kycbs.net/Lost-Generations.htm

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

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

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

http://www.kycbs.net/CV05-00030-Witness-Kihune-Robert.htm

http://www.kycbs.net/CV05-00030-Witness-Libkuman-Ronald.htm

http://www.kycbs.net/CV05-00030-Witness-Matsumoto-Colbert.htm

http://www.kycbs.net/CV05-00030-Witness-Tam-Gilbert.htm

Mr. Farmer and Mr. Guttman, in spite of all this factual evidence (not just "political opinions" or "conspiracy theories" as you have previously alleged), I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.

However, if you and your insurance carriers are still not willing to attempt to negotiate or mediate settlement in these cases, then I ask that you perform your mandated review of these two Exhibits in accordance with Judge Ezra's Order, and advise me, whether or not, you find that they are relevant and if they contain any so-called "protected subject matter".

I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "PSM" in these updated pages, and that you will NOT file any objections to my Motion.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

Additional References:

http://www.kycbs.net/

http://www.kycbs.net/Apartheid-Hawaii.htm

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

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

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

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

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

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

http://www.kycbs.net/CV05-00030-OUST-vs-Harmon.htm

http://www.kycbs.net/Freedom-To-Sing.htm

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

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

http://www.kycbs.net/Lost-Generations.htm

http://www.kycbs.net/RICO-in-Paradise.htm

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

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

http://voy.com/129276/

http://whistlersongs.blogspot.com

http://www.kycbs.net/Exhibit-KSBE-Trustee-Update.htm

* * * * *

GOOGLING FOR MICAH KANE

* * * * *

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 (06-07-09): Re: Undisclosed relationships of Steve Goodfellow, Linda Lingle, Charmaine Tavares, Hawaiian Telcom, Eric Yeaman, Walter Dods, First Hawaiian Bank, Bishop Museum, Timothy Johns, Mark Polivka, Carlyle Group, Sandwich Isles Communications, Robert Kihune, Gil Tam, Bank of Hawaii, Paul Allaire, Lucent Technologies, Judith Neustadter Fuqua, David Farmer, Dan Inouye, Central Pacific Bank, Daniel Akaka, Neil Abercrombie, Norman Mineta, AIG, Aon, Colbert Matsumoto, Island Insurance Co., Roy Hughes, Colleen Hanabusa, Micah Kane, etc.

www.kycbs.net/Goodfellows.htm

www.kycbs.net/Hawaiian-Telcom.htm

www.kycbs.net/SandwichIsles.htm

www.kycbs.net/Lucent.htm

www.kycbs.net/Sandwich-Isles-Lucent-Maui-Co.pdf

http://www.bishopmuseum.org/images/pdf/Annual_report.pdf

www.buildingindustryhawaii.com/0903/BI039_FinanceBonding.pdf

www.hawaii.gov/gov/news/releases/2005/News_Item.2005-07-18.0029

http://www.ttsfo.com/sbcteis/feis/text/13.pdf

~ ~ ~

NEW DISCOVERY (06-06-08):

June 6, 2008

OHA vows millions for Hawaiians’ housing

The money is bound for the state's Home Lands Department

By Richard Borreca, Honolulu Star-Bulletin

The Office of Hawaiian Affairs has agreed to give the state Department of Hawaiian Home Lands up to $90 million over 30 years to help fund housing projects for native Hawaiians.

In making the announcement yesterday at OHA's boardroom, Haunani Apoliona, OHA chairwoman, said the trustees approved giving up to $3 million a year to the state to help fund housing projects.

"In OHA's 30-year history, there has been no other OHA-DHHL financial partnership on the scale and magnitude of this one," Apoliona said.

Gov. Linda Lingle said the partnership will help the state to build homes for native Hawaiians and also help the state economy.

"The infusion of capital into the construction industry helps to preserve jobs in all sectors of our economy," Lingle said.

The OHA money will go to cover the interest payments for up to 30 years on revenue bonds used to fund a portion of the Hawaiian Home Lands construction budget.

The bond money goes to build housing projects across the state. According to Lloyd Yonenaka, a Hawaiian Home Lands spokesman, more than 1,000 housing units are planned and awaiting funding.

The Legislature approved Hawaiian Home Lands' request this year to authorize $100 million in revenue bonds for housing projects.

Lingle said the agreement means that Hawaiian Home Lands will be able to more quickly move to finance construction projects.

"OHA's assistance will enable DHHL to directly touch an additional 400 to 500 beneficiaries over the next 12 to 18 months with affordable housing opportunities," Lingle said.

Asked why the two agencies have not jointly funded housing projects for native Hawaiians in the past, Lingle said the two have previously felt they had "different job descriptions."

"The beneficiaries were saying, 'Why don't we get together?' It takes leadership and vision and they provided it," Lingle said, praising Apoliona and Micah Kane, Hawaiian Home Lands chairman.

Kane said the state has used money from commercial leases of department land to pay for housing projects, but the OHA money goes straight to the state.

"This money is specifically obligated to go to the revenue bond. The money will come to the department as revenue, and it will be applied to the bond," Kane said.

OHA has given $22.3 million to individuals to build homes throughout the state, including ones on Hawaiian Home Lands property.

According to federal law, the Hawaiian Homes Commission is responsible for the "rehabilitation of the native Hawaiian people through a government-sponsored homesteading program."

According to the law, native Hawaiians eligible for housing assistance are defined as those who have at least 50 percent Hawaiian ancestry

http://starbulletin.com/2008/06/06/news/story03.html

~ ~ ~

NEW DISCOVERY (01-12-08) - Re: Undisclosed relationships with Kamehameha Schools, Hawaii Nature Conservancy, Linda Lingle, Everett Dowling, Judith Neustadter Fuqua, Oprah Winfrey, Peter Young, Robert Kihune, Gilbert Tam, Hawaii Department of Land & Natural Resources, The Department of Hawaiian Home Lands, The Office of Hawaiian Affairs, Sandwich Isles Communications, Summit Communications, etc.