THE UNITED STATES DEPARTMENT OF JUSTICE
OFFICE OF THE U.S. TRUSTEE
David C. Farmer, Successor Trustee
Bobby N. Harmon
(Formerly Mary Lou Woo vs. Harmon and James Nicholson vs. Harmon)
United States District Court, District of Hawaii
Judges: David A. Ezra; Kevin S. Chang
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Lokelani Lindsey, is a former Kamehameha Schools/Bishop Estate Trustee and whistle-blower; designated Real Party in Interest in CV05-00030 by Arbitrator Judith Neustadter Fuqua.
c/o Kenneth Hipp, Esq., Marr Hipp Jones & Wang
1001 Bishop Street, Ste 1550
Honolulu, HI 96813
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LOKELANI LINDSEY PHOTO GALLERY
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GOOGLING FOR LOKELANI LINDSEY
+ JUDGE DAVID EZRA
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THE CATBIRD’S NEST
TRACKING THE TRUSTEES!
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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)
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NEW DISCOVERY (06-01-08):
Christian Filipino Victims Foundation
Whether from government or private "masters", if you are a victim you have come to the right place for relief (refer to schedule).
Richard Basuel presents the Bishop Estate scandal which he and many others are victims of.
BRING US YOUR SCANDALS: TOGETHER WE CAN STOP THE ABUSES AND CURE THE PROBLEMS. ONE WITH GOD IS A MAJORITY!
The friends of Christian Filipino Victims Foundation, led by Chairman Richard Basuel, ask you to elect former Bishop Estate Trustee Lokelani Lindsey as Mayor of Honolulu. Both are political prisoners.
Vote for Lokelani Lindsey for Mayor of Honolulu
After years of preparing for her leadership whistleblowers role, Lokelani bravely exposed Hawaii’s biggest scandal, which was the real reason she was put in jail. Richard Basuel has been and is being prosecuted as a scapegoat for Hawaiian sovereignty issue even though he is neither Hawaiian nor a Hawaiian sovereignist, and as a way to intimidate the Filipino vote in Hawaii, i.e. Honolulu Star-Bulletin, April 19, 2001, published that Richard Basuel and associates were, “claiming Hawaii as a foreign country”. (http://starbulletin.com/2001/04/19/news/briefs.html )
Contrary to certain allegations, the Filipino Victims Foundation is a Christian based group who promotes agreeing with the government, especially on tax issues. Jesus said to pay taxes, Matthew 22:18-20. Lokelani Lindsey and Richard Basuel are two Hawaii citizens prosecuted for agreeing with the government. The Affidavit of Richard Basuel, filed February 27, 2004 in the Hawaii Bureau of Conveyances as Document No. 2004-040689, states,
AFFIDAVIT OF RICHARD BASUEL
CITY AND COUNTY OF HONOLULU )
STATE OF HAWAII )
I, RICHARD BASUEL, am competent to testify herein, have personal knowledge of the herein, and hereby testify and aver that the following is true to the best of my knowledge,
1. Available on the internet is the following document attached hereto as Exhibit “A” Scandal 1 Appearance With Assistance Of Counsel And Request For Recusal Of VB Judge David A. Ezra; Declaration Of Lokelani Lindsey; Exhibits “1" - “4"; Affidavit Of Lokelani Lindsey; Certificate Of Service (“Lindsey Document”). The last page of this Lindsey Document was filed October 2, 2003 in USA v. Lokelani Lindsey, Cr. S-010318 (DAE RJ) and Cr. S-00-00482 HG, U.S. District Court for the District of Nevada. However, on October 16, 2003 this Lindsey Document was sent by fax transmission from David Alan Ezra to the U.S. District Court for the District of Nevada, which filed it on October 17, 2003, the next day.
2. Exhibit “B” hereto is a reprint of the October 4, 2003 Star-Bulletin article, describing the Lindsey Document. Apparently Judge Ezra jailed Ms. Lindsey primarily on the basis of the Lindsey Document, which he refused to consider as filed even though Ms. Lindsey filed it prior to the hearing which jailed her. The Lindsey Document was filed AFTER the ten day motion for reconsideration and other deadline(s) that would have allowed Ms. Lindsey to stay out of jail at least until her properly filed, but ignored, motions were given a fair hearing. Probably to this day, nether Ms. Lindsey nor her attorney do not know her motions were docketed and should have been given a fair hearing based on being docketed (however improperly).
3. My circumstances are like those of Ms. Lindsey addressed in the Lindsey Document in that are both victims of abuse. For example, in my circumstances I was accused in the newspapers of promoting Hawaiian sovereignty even though there is nothing in writing that shows this. Obviously, I have been and am being persecuted as a Hawaiian sovereignty promoter as a warning to Hawaiian sovereignty supporters, but without risking an organized backlash from actual members of the Hawaiian sovereignty movement.
The Foreign Intelligence Surveillance Act Court is responsible for abuses against Hawaii citizens, including Hawaiians and Filipinos targeted to scare Hawaiians, such as Richard Basuel.
See also: http://fas.org/irp/agency/doj/fisa/
The "Exhibit A" referred to on that webpage is the 35-page pdf file containing bizarre
legal documents and opinions by Lokelani Lindsey. That 35-page document can be
downloaded directly from Richard Basuel's webpage by clicking on the following URL:
OR, in case that link goes dead or that webpage is taken down, the 35-page document can
also be downloaded by clicking here:
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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.
Hawai'i bankruptcies filed 1992-2000 that are still active:
1992: Hamakua Sugar Co. Inc.
1994: Papa Bay Inc.
1995: Lindsey, Marlene
Gray Line Hawaii Ltd.
Industrial Technology Inc.
Mahalo Air Inc.
Hawaiian International Service & Tours
Oahu Construction Co. Ltd.
Harmon, Bobby & Theresa
Multimedia Pacific Inc.
Hawaiian Super Prix LLC & Frontier Insurance Group
Hawaiian Grocery Stores Ltd.
Midpac Lumber Co. Ltd.
Cg Investments Inc.
Giacometti v. Arton Bermuda Ltd. (related to 1998 Sia case)
Source: U.S. Bankruptcy Court
The Honolulu Advertiser
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U.S. Department of Justice
Executive Office for United States Trustees
Office of Research and Planning
For Immediate Release
October 30, 2001
U.S. TRUSTEE PROGRAM LAUNCHES
BANKRUPTCY CIVIL ENFORCEMENT INITIATIVE
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."
These are the priorities of the Civil Enforcement Initiative:
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....
Jane Limprecht, Public Information Officer
Executive Office for U.S. Trustees
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New Discovery (11-17-07): Re: EQUITY No. 2048 - EXHIBITS RE DEPOSITIONS OF MARION MAE LINDSEY:
These documents, consisting of hundreds of pages, provide clear and material evidence of the many financial, professional, and political relationships between David Farmer, Bruce Graham and the Ashford & Wriston law firm, with the former and interim Trustees of Kamehameha Schools/Bishop Estate, Nathan Aipa, Governor John Waihee, and others. These Exhibits can be found on the internet at the Broken Trust Book website, under the heading, “Lindsey Deposition (3 volumes)”:
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Lokelani Lindsey is expected to testify as to the facts and circumstances of the Settlement Agreement, and to provide evidence, in the form of an Attorney of Record letter or similar document, that Kenneth Hipp, Esq. was her legally authorized attorney in Defendant’s RICO lawsuit, and that Mr. Hipp’s appointment was approved, in writing, by Federal Insurance Co.
Lokelani Lindsey is also expected to testify regarding her knowledge of the IRS “interim sanctions” regulations, including “arms-length” requirements between non-profit charitable trusts and their for-profit subsidiaries, and the unsuccessful lobbying efforts of Kamehameha Schools/Bishop Estate to defeat the passage of these interim sanction rules.
Ms. Lindsey is also expected to testify regarding her claims that her trial judge, David Ezra, was biased; that the government set her up with forged documents; that she was innocent, and targeted for political reasons. As she stated in her affidavit attached to her “Request for Recusal of Judge David A. Ezra” filed in U.S. District Court, District of Nevada on October 17, 2003 (CR. S-01-318 DAE/RJJ and CR. S-00-00482 HG):
I, LOKELANI LINDSEY, hereby declare and aver under oath the following:
I am concerned about people in authority attacking me and setting me up, more so that in the past; and especially for the life, health and safety of myself, my family, my friends, my associates, and my property and their property. I hold responsible Leslie Osborne, Michael Seabright, Thomas Stevens, and Rebecca McKenzie-Young, as the insurer of my life and their life, health and safety. I do this because:
1. I have insider knowledge of Bishop Estate corruption and cover up of same.
2. I have insider knowledge of corrupt attempts to seize control over the Bishop Estate.
3. I have insider knowledge of further attempts to or acts of abuse of Hawaiians.
4. I have insider knowledge of grand jury tampering in Hawaii.
5. I have insider knowledge of other political and financial corruption in this state, and the targeting of people and groups related thereto.
On behalf of the Hawaii active Whistleblowers Association International, Inc., aka HAWAII, I am here to defend Hawaiians and do encourage all Hawaiians to bring their evidence of abuse and cover up to me so that I can bring that and the above to the Grand Juries here and/or elsewhere....
The abuses against Hawaiians has been and is race based, (see Rice v. Cayetano) and thus civil genocide. These abuses are on a long, continuous conspiracy to steal the birthright and heritage, assets and rights of Hawaiians. The Internal Revenue Service, State of Hawaii and the Bishop Estate are mere Guardians for their Wards, the Hawaiians. The Guardianship must be broken and the Hawaiians freed from assaults similar to those perpetrated by Nazi Germany as revealed in the post World War II Nuremberg trails. The Trust was never broken, especially NOT by me. The Guardianship over the Hawaiian Wards continues, except that now the current Trustees and quasi-trustees (Internal Revenue Service and Hawaii Attorney General) have greatly enhanced the effective stripping of assets and rights from the Hawaiians. I was a Guardian and now I am merely a Hawaiian Ward of these abusive overlords who perpetuate the race based subjugation of the Hawaiians.
Bernice Pauahi Bishop intended for the trust she established to be governed for the purpose of preserving the Hawaiians their assets and heritage in perpetuity. However, the felonies which have been and are being committed in the wholesale attacks on the Bishop Estate are for another goal. The true goal of the current overlords is to put the Bishop Estate and other Hawaiian (such as OHA) assets into the General Fund of the State of Hawaii (and related destinations), and also let the State of Hawaii and the United States just keep the assets of the Hawaiians in trust under their jurisdiction.
If I go to prison, I will have an opportunity for many prisoners to join the Foundation and me in our march to the Grand Juries here and into many states.
I was arrested to block me from taking to the Grand Jury the evidence that I and others have of serious abuses in the Bishop Estate, abuses against the Hawaiians, and especially against the Hawaiian children. Among others we are especially looking for additional alleged indicting evidence against those which include Jack Borja, Rebecca McKenzie-Young, Leslie Osborne, Mike Chun, Oswald Stender, Randy Roth, Judge David Ezra (and his being counsel for Bank of Hawaii), and Ed Case, who all have alleged long histories of such abuses. The Grand Juries are the only appropriate Court to review these and related matters.
Although claimed by such parties to be a minor matter, the recent Bishop Estate loss of about $2 billion and sale of assets to cover up the losses, will also be reviewed by Grand Juries. The matter of thefts from the Kamehameha Schools and Heritage Center of artifacts and other precious items will also be reviewed....
I have been threatened with harm to myself, my family and friends, our lives, health and property, and am very worried these threats will be further carried out, including potentially by one or more of those people named above, directly or through others. A copy of this is being sent to my Las Vegas attorney, Judge David Ezra, the two prosecutors named above, and as appropriate.
Subscribed and sworn to before me
this 30th day of July, 2003
<s> Lokelani Lindsey
Notarized by E. Emalia Keohokalole
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May 28, 1999
A lien has been placed on all properties owned
by Lokelani and Stephen Lindsey
By Rick Daysog, Star-Bulletin
Weeks after she was permanently removed as a $1 million-a-year trustee of the Bishop Estate, Lokelani Lindsey faces new troubles from the Internal Revenue Service, which says she and her husband owe $230,003 in back taxes.
The IRS has placed a tax lien on all Hawaii properties owned by the former trustee and her husband, Stephen Lindsey, for 1997 income taxes.
The IRS filed notice of the federal tax lien May 17 with the state Bureau of Conveyances.
The Lindseys' personal tax problems emerged while a separate division of the IRS was in the middle of a four-year audit of the charitable trust. The filing of the lien also coincides with a wide-ranging state attorney general investigation into alleged financial wrongdoing by the Bishop Estate's trustees.
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'I'm not sure I would
trust this person with my
UNIVERSITY OF HAWAII LAW PROFESSOR
AND 'BROKEN TRUST' CO-AUTHOR
James Duca, the Lindseys' tax attorney, said the former trustee intends to pay the taxes. Duca said he has had general discussions with the IRS to come up with a payment schedule.
Duca attributed Lindsey's failure to pay the taxes in part to payments she made to support many of her relatives. He said Lindsey also incurred huge attorneys' fees defending herself from various legal actions.
In addition to the attorney general's investigation, fellow trustees Oswald Stender and Gerard Jervis sued for Lindsey's removal as a trustee, saying she breached her fiduciary duties and was unfit to serve. On May 6, Circuit Judge Bambi Weil permanently removed Lindsey after a five-month trial.
Duca said he does not know how much Lindsey will end up owing on her 1998 taxes, since she recently filed for an extension.
It is also unclear whether Lindsey would face additional tax consequences arising from the IRS audit of the Bishop Estate.
The IRS has been investigating whether trustees were paid excessive compensation and whether they took improper benefits.
Some observers believe that Lindsey's financial problems underscore her unfitness to serve as a trustee. For the year ending June 30, 1998, the 60-year-old Lindsey earned more than $1 million as one of the five trustees of the Bishop Estate. Since becoming a board member in 1993, her pay has averaged about $900,000 a year.
"I'm not sure I would trust this person with my retirement plan," said Randy Roth, University of Hawaii law professor and co-author of the 1997 "Broken Trust" article criticizing the trustees' management of the Bishop Estate.
According to Duca, the federal tax liens were attached to all of the Lindseys' properties in Hawaii.
According to state land records, the Lindseys own an East Honolulu home, bought in 1994 for $1.25 million, and a Maui property, acquired in 1984 for $60,000.
A lien essentially is a creditor's claim against a debtor's property. If the debt is repaid, the lien is usually removed. If debt is not paid or worked out, the creditor can take steps to seize the property.
Duca said Lindsey has given "no thoughts" to filing for bankruptcy to protect her assets.
He also had no comment on Lindsey's plans to appeal Judge Weil's removal order. Attorneys Michael Green and David Gierlach, who are handling the removal issues, could not be reached for comment.
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Lokelani Lindsey is expected to testify regarding her relationships with Defendant; William S. Richardson, Michael Chun, Bina Chun, Rockne Freitas, Oswald Stender, Gerard Jervis, Douglas Ing, Rocco Sansone, Marsh & McLennan, Gilbert Tam, Nathan Aipa, Colleen Wong, Louanne Kam, Rodney Park, Laurian Childers, Christine Lee, Paul Cathcart, Alika Neves, Alika Thompson, Stacy Rezentes, Al Jeremiah, Jr., Calvin Say, Marshall Ige, Terrance Tom, Allan Young, Lance Tachino, James Duca, Kenneth Hipp (Ms. Lindsey’s purported attorney in Harmon’s RICO Case), Robert Katz, Matt Tsukazaki, P&C Insurance Company, Federal Insurance Company (Chubb Group), Steve Crouch, William Chee, Paul Alston, Edward Kubo, Judge Lloyd King, Judge Robert Faris, Judge Eden Elizabeth Hifo (fka Bambi Weil), Judge Kevin Chang, Judge David Ezra, Judge Barry Kurren, Judge Patrick Yim, Elizabeth K. Lindsey Buyers, Linda Lingle, J.P. Schmidt, Robert Miller, Colbert Matsumoto, Benjamin Matsubara, Michael Tanoue, Jack Borja, Atlantic Pacific International (API), Sabrina Toma, Carol Muranaka, David Farmer, and others to be named upon discovery.
Broken Trust: Greed, Mismanagement & Political Manipulation
Lost Generations: A Boy, A School, A Princess
IRS - PricewaterhouseCoopers, Arm’s Length and Intermediate Sanctions
IRS Closing Agreement for Kamehameha Schools
Bias Complaints / Motions to Recuse
Documents, News Articles and Related Links
Equity 2048 -The Richards Report
XL Reinsurance Policy No. XLRKS-01796
Equity 2048 - Related Correspondence and Documents