Woo vs. Harmon - Witness John D. Marshall

David C. Farmer, Successor-Trustee vs. Harmon

(Formerly Woo vs. Harmon & Nicholson vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

—

DEFENDANT’S WITNESS

JOHN D. MARSHALL, Esq.

Nagle & Marshall, LLP
Three Waterfront Plaza, Suite 450
500 Ala Moana Blvd.
Honolulu, HI 96813

Attorney for Defendant in his wrongful termination/whistle blower lawsuit against Kamehameha Schools/Bishop Estate; Associate in the law offices of Fujiyama, Duffy & Fujiyama from 1984-1990; currently a partner in law firm of Nagle & Marshall, LLP. Representative corporate/institutional clients of this firm include: The Queen Emma Foundation; Dillingham Construction Pacific Ltd., SUN Industries Inc., Alaka’i Mechanical Corporation, Diversified Exterminators; St. Paul Fire & Marine Insurance Company; Western Heritage Insurance Company; Coregis Insurance Company; Allied Builders System; Of Counsel, Poelman & Langa, Maui.

~ ~ ~

LICENSED IN HAWAII: 1984

BORN: December 15, 1960 (Manila, Philippines)

HIGH SCHOOL: INTERNATIONAL SCHOOL

Makati, Philippines

Graduated in 1977

COLLEGE: UNIVERSITY OF NOTRE DAME

South Bend, Indiana

Graduated in 1981 with a Bachelors Degree in Business Administration.

LAW SCHOOL: UNIVERSITY OF SANTA CLARA

Santa Clara, California

Graduated 1984.

MEMBERSHIP: American Bar Assoc.; Hawaii State Bar Assoc.

PRACTICE: FUJIYAMA DUFFY & FUJIYAMA

(Associate from 1984-1990)

FURUTANI SATO KOMATSUBARA & MARSHALL

(Partner from 1990-1993)

LAW OFFICE OF JOHN D. MARSHALL

(1993 to July 31, 2001)

NAGLE & MARSHALL, LLP

(2001 through 2006)

http://www.hawaiilaw.com/members.htm

~ ~ ~

Aug. 25, 1967

Barging Ahead

When the U.S. was opening its frontier and beginning to build a national economy, Wells Fargo and Union Pacific earned a place in the country's history and legend. In existence as an independent nation for only 21 years, the Philippine Republic is still pushing back its own frontiers, and it has a carrier that is playing much the same part as the U.S. pioneers. It is Lusteveco (short for Luzon Stevedoring Co.), the biggest and fastest-growing commercial cargo handler in transportation-shy Southeast Asia.

Based in Manila, Lusteveco operates both on land and sea, and its frontier is formidable. Half of the country's 38,000 miles of roadway is ordinarily undrivable. Its waterways, which are more important than the land routes, trace a hazardous course among 7,000 islands ranging from Luzon in the typhoon-tossed north to Mindanao, 1,100 miles to the south where the seas are placid—except for roving Moro pirates.

Postwar Windfall. Braving such obstacles, Lusteveco deploys a fleet of 500 trucks on land, a small coastal navy of 16 tankers, 107 tugs and 448 barges at sea, and a string of modern warehouses at major ports. The company moves 80% of the country's vital interisland traffic: home-grown timber, coconut and sugar on its way to port for overseas markets; steel, machinery and other imports headed from Luzon to other parts of the nation. Lusteveco stevedores shoulder nearly all the Philippines' foreign trade borne by ships, which may be docked by Lusteveco tugs, provisioned at Lusteveco terminals, rescued by Lusteveco salvage teams, repaired at Lusteveco yards.

The company totted up record sales of $26 million last year, which is a long Philippine sea mile from its beginning in 1909, a decade after Commodore Dewey routed the Spanish colonialists in Manila Bay. Founded by a group of U.S. veterans of the Spanish-American War, Lusteveco got its modest start by bunkering coal-hungry U.S.

Navy ships, branched into commercial cargo handling as Philippine exports began to rise. When World War II came, the Navy commandeered all the company's facilities. After the Japanese conquest of the island nation, all seemed lost for Lusteveco—until it received a handsome postwar windfall. In 1945, with the approval of General Douglas MacArthur, the company was given a treasure in surplus LSTs, cranes and trucks to replace its lost equipment.

Lusteveco's U.S. owners, including Edward M. Grimm and Charles ("Chick") Parsons, who was a Navy guerrilla in World War II (and later told about it in Rendezvous by Submarine), promptly set about rebuilding. By 1963, Grimm, Parsons and colleagues were able to sell their 50% interest for $6.6 million to a group of Filipino businessmen and investors headed by Jose B. Fernandez, now 43 and the company's chairman. U.S.-educated (Fordham, Harvard Business School) and a member of a wealthy Manila family, Fernandez tapped as president a young American: Donald I. Marshall, 37, son of one of Lusteveco's prewar managers and a Lusteveco staffer who joined the company afer graduating from Stanford Business School in 1950.

Missionary Zeal. Under Fernandez and Marshall, Lusteveco has barged ahead with a sort of missionary zeal. Sales have almost doubled since 1963, but the company is chary with dividends. It plows nearly all its earnings back into expansion. "Until we are sure we can meet the needs of the country," explains Fernandez, "we will continue to give that first priority and dividends second."

To meet those needs, Lusteveco has been spending some $4,000,000 a year on new equipment, which is a lot by Philippine standards. Its own yards at II-oilo turn out a new tug every six weeks, two new barges a month—most of them prestressed concrete creatures that carry 2,000 tons of cargo, are cheaper and easier to maintain than standard steel barges.

Standard as such hardware and experience may be in other parts of the world, it is in short supply in Southeast Asia, as U.S. military logistics experts have discovered to their chagrin. Lusteveco tugs and barges helped break the Saigon shipping bottleneck, and the company is bidding for similar work at Thailand's choked port of Bangkok.

Still, happy as he is to have the U.S. military business (which now accounts for 12% of sales), Fernandez finds that he is hard-pressed to "accommodate that Viet Nam effort," looks for the day when he can "bring back a lot of the equipment and put it to work" at home.

www.time.com/time/magazine/article/0,9171,841076,00.html

~ ~ ~

November 14, 2003

Wreckage of 'suicide' US warship found in Subic

SUBIC BAY FREEPORT ZONE -- Divers have found the wreck of the USS Lanikai, which US President Franklin Delano Roosevelt had sent on a suicide mission with 12 Filipinos among its 18-member crew, thus ending the search for what its lone officer aboard had called "the last surface warship to leave Manila and survive."

The century-old wooden ship sank during a storm in 1946, or 57 years ago, while anchored at the Subic Naval Base for repairs. It was found lying at a depth of 100 feet in the remote Nabasan Bay west of here on Oct. 5 by divers from Masterdive, a company commissioned by the Subic Bay Metropolitan Authority. "It's of great historical importance," retired Captain Victor Mamon, SBMA senior deputy administrator for operations, said on Thursday.

Whatever is known of the schooner, as wooden warships were called during World War II, was told by its own officer US Navy Lt. Kemp Tolley, according to Masterdive president Brian Homan.

Tolley, who retired as an admiral, left two memoirs. One was the book, "Cruise of Lanikai," which was published by the Naval Institute Press of the US Naval Academy in Annapolis, Maryland.

Another was an article in the January 1967 edition of Shipmate, the journal of the academy's alumni association.

In the book, subtitled "Enticement to War," Tolley disclosed the "top secret orders" received by Adm. Thomas Hart from Roosevelt on Dec. 3, 1941:

"Charter three small vessels ... " and send them " ... as soon as possible and within two days if possible after receipt this dispatch ... " to stations off the Indo-Chinese harbors where the Japanese invasion forces destined for Malaya then lay at anchor.

This task, he said in the footnote, was fully tackled in the article, "The Strange Assignment of USS Lanikai" in the September 1962 Naval Institute Proceedings. Tolley called the episode "bizarre."

Its mission in Indonesia in 1941, he revealed in the book, was to do "information patrol" and "provoke" the Japanese Army to war.

Built some years before the 1900s, the 87-foot vessel was, Tolley recalled, bought by "a group of wealthy Manila businessmen" for recreation.

The US Navy took over the ship that was then with Luzon Stevedoring Co. Ltd. in Manila. Two days after Roosevelt's order, it was commissioned as a US "man-of-war" or an official warship in the naval yard in Cavite....

Aborted mission

In the book, Tolley shared "memories of the good things and the funny things and the heroic things" that they, especially the Filipino crewmen, did...

While the ship was being readied in Cavite, the Japanese attack on Pearl Harbor on Dec. 8, 1941 invalidated the mission....

www.asianjournal.com

~ ~ ~

April 19, 2007

U.N.: Pay Marcos' victims

A committee orders the Philippines to end a 21-year-old lawsuit

By Debra Barayuga

dbarayuga@starbulletin.com

A United Nations committee has said the Philippines is obligated to compensate human rights victims for the "unreasonable" delay in paying a $2 billion judgment issued in Honolulu against the estate of the late dictator Ferdinand E. Marcos.

On April 3 the Human Rights Committee also said the Philippines should provide "compensation and a prompt resolution of their case on the enforcement of the U.S. judgment" and "ensure that similar violations do not occur in the future."

In February 1995 a jury in the U.S. District Court of Hawaii awarded nearly $2 billion to the 9,539 victims or their heirs who were tortured, summarily executed or disappeared during Marcos' 20-year rule. That amount, with interest, is now closer to $4 billion, and not a penny has been paid.

"We're just ecstatic about the opinion," said Honolulu attorney Sherry Broder, one of five attorneys who have represented the human rights victims in ongoing litigation with the Marcoses and his estate for the past 21 years.

"This is another step toward collection, and it is a significant victory because justice delayed is justice denied," Broder said. "They were abused by Marcos and now by the Philippine court system. Affirmative action by the republic is required."

She said the decision is a "black mark" on the reputation of the Philippine courts.

The U.N. committee ordered Philippine officials to report back within 90 days of the decision to show how they have complied with it.

The victims filed suit against the Marcos estate in the Philippine courts nearly a decade ago in May 1997 to collect from Marcos assets in the Philippines. The Regional Trial Court in Makati dismissed the complaint, saying the victims had to pay a filing fee of $8.4 million, based on the $2 billion in dispute.

The Philippine Supreme Court took eight years before issuing its final decision, overturning the Makati court and finding that the filing fee should have only been $7.20.

The Human Rights Committee noted that the length of time the Philippine courts took to resolve such a matter of "minor complexity" was unreasonable and violated the victims' rights under the International Covenant of Civil and Political Rights.

Robert Swift, lead counsel for the plaintiffs, said the republic has filed "frivolous court filings" in the United States to obstruct the victims' efforts to collect the award, including the court-ordered distribution of $35 million in Marcos assets.

The assets were recovered from a Merrill Lynch account in the name of Arelma, a Panamanian corporation, which was found by a federal judge to have served "no legitimate purpose than to hide the assets of Ferdinand E. Marcos."

That distribution -- which equates to a first payment of $2,000 to the victims and their heirs -- has been delayed because the republic appealed the order to the 9th U.S. Circuit Court of Appeals, which unanimously affirmed the lower court's decision.

When the 9th Circuit refused to review the case en banc, the republic asked the U.S. Supreme Court to take the case. If the Supreme Court refuses the case, the victims could begin receiving their first payments by July, Swift said.

http://starbulletin.com/2007/04/19/news/story03.html

~ ~ ~

NEW DISCOVERY (05-26-08):

The Global Economy's Investment
In Prostitution

Another Perspective

Want to know a few of the results of the move towards the so-called "Global Economy" which has become the nirvana Corporate America seeks? Be very careful, you might not like what you find.

According to U.N. documents, 4 million women a year are sold into sexual slavery around the world. Understand, these documents aren't discussing some Mid- Eastern potentate's harem. What we're talking about is 500,000 women "imported" into Western Europe and 90,000 into Italy, alone. These women are kidnapped and sold into prostitution for the gratification of men like the late Larry Hilblom, the founder of DHL courier service. Hilblom, it should be added, also participated in the kidnapping and sales of many young women, as well.

The majority of these women, who are mostly just young girls, come from the countries once known as client states of the old Soviet Union, such as Albania and the Ukraine. In fact, the selling of girls for the sexual gratification of wealthy men has become a major export for many of the supposedly free nations from the former Soviet bloc.

Amazingly, many of these women are moved through our ally Israel. The reason Israel is a major center for these atrocities is that Israel has absolutely no laws against the sale or ownership of other humans. Now there is wonderful reason to continue our hundreds of billions of dollars in foreign aid to this moral back water of a country.

The main reason that these crimes can so easily occur is the demand by the world's corporations that there be few or no inspections at national borders and that, with corporations buying up governments just like ours at bargain prices, they own the decisions to investigate crimes and, of course, see no reason to investigate the very crimes they, themselves, are committing.

Now, of course, America is immune from these charges, aren't we. I mean, this is the country where politicians spend their entire careers shouting about their fairy tale world of "family values", right? Our government would immediately spring into action should even a hint of this crime appear within our borders, right?

Wrong, of course. Thai women were imported into the United States and forced into sexual slavery in New York, Houston and Toronto, according to stories in the LA Times, New York Times and Dallas Morning News.

How long will it take the corporate prostitutes in Washington, D.C., to even acknowledge these crimes? How many conservatives do you think are going to stand up in protest against these horrors against humanity? How many will demand hundreds of billions of dollars to fight these crimes against humanity? What is less than none?

Unless America wakes up to these violations against humanity and demands action from the blow hards in office, nothing, whatsoever, will ever happen. Why? Because the victims do not fall within the parameters these vile people respect. These are young girls from foreign countries that don't contribute to American political coffers, nor are they related to anyone who owns enough property to matter to American politicians. If they were all Republican, Christian, wealthy wives and daughters of campaign contributors then this would be a problem of cosmic proportion. They aren't, so the problem is ignored.

These crimes against women are only the most extreme examples of the damage that is being done to people all over the world in the name of corporate profits. Add in the disease ridden fruit coming into America from countries which have little in the way of health and safety laws and food covered with the pesticides that America banned so Corporate America sold its stock to the same Third World countries now supplying us with our daily fruits and vegetables and grains.

Consider the effects that corrupt rulers the world over have regarding the financial health of your retirement and investments and, if the idiots who hate government safety nets have their way, your Social Security. Consider the damage another episode like the Hunt brothers attempt to corner the silver market would have on America if it were done by a nation or groups of nations. Finally, consider the costs of a simple computer virus invading the systems which control what will be the world's financial institution.

You, as an individual, have absolutely nothing to gain in a global economy. In fact, you will be the loser if you continue to listen to the lies and do not begin fighting the mutation of your world into a world corporation where the wealthy would rule through unlimited economic power. As in all things, it is your choice but your inaction will affect billions of people for centuries to come.

http://www.anotherperspective.org/advoc150.html

~ ~ ~

John Marshall is expected to testify regarding the facts and circumstances in Defendant’s wrongful termination/whistle blower lawsuit against Kamehameha Schools/Bishop Estate, and his business, professional and personal relationships with Wallace Fujiyama; James P. Duffy; Robert Katz; Matt Tsukazaki; Jeff Watanabe; Island Insurance Company; Colbert Matsumoto; Robert Clarke; Edwina Clarke; Hawaiian Electric Company; Ben Cayetano; Linda Lingle; Kenneth Hipp; Marr Hipp Jones & Wang; St. Paul Travelers Insurance Co.; Mark Hastert; Queen Emma Foundation; Peter Savio; Queen Liliuokalani Trust; OHA; Clayton Hee; Kamehameha Schools/Bishop Estate; The Nature Conservancy; Faye Kurren; Judge Eden Elizabeth Hifo; Sanford J. Langa; Hana Ranch, Inc.; Oprah Winfrey; Maui Electric Co.; Maui County Council; Maui Planning Commission; Judith Neustadter Fuqua; Ferdinand Marcos; Imelda Marcos, Donald I. Marshall, Jose Reyes, Luzon Stevedoring, Samuel Pryor, General Douglas MacArthur, Sherry Broder, Jon Van Dyke, David C. Farmer, Ron Rewald, Ricky Zobel, The Queen Liliuokalani Trust, The Consuelo Zobel Foundation, Susan Ichinose, and others to be named upon discovery.