David C. Farmer, Successor-Trustee vs. Harmon
(Formerly Woo vs. Harmon & Nicholson vs. Harmon)
U.S. District Court For the District of Hawaii
Judges: David A. Ezra; Kevin S. Chang
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DEFENDANT’S WITNESS
RICHARD TURBIN
From U.S. Lawyer Locator:
The Turbin Law Firm
Based on tradition established by its founding partner, Richard Turbin, the Honolulu based Turbin Law Firm is dedicated to providing the highest quality of legal services to its clients -- ordinary people who recognize the need to be represented by lawyers whose mission it is to battle and win both in and out of the courtroom. The Turbin Law Firm welcomes your inquiries and questions. Our lawyers and staff are dedicated to obtaining the best settlements and verdicts for our clients
The Turbin Law Firm is a trial lawyer firm whose practice is limited to representing plaintiffs in complex damage cases involving personal injury, wrongful death, professional, legal, and medical malpractice claims. The firm limits itself to a select group of clients in order to provide the highest quality and most sophisticated legal expertise possible.
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Suite 2730 Mauka Tower, Pacific Guardian Center, 737 Bishop Street, Honolulu,
HI 96813
Telephone: 1-800-528-4002 Facsimile: (808) 599-1984
LAW-OFFICES@turbin.net
http://www.uslawyerlocator.com/richard_turbin.shtml
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March 30, 2007
Billionaire's Gift Stirs Distrust
Some Hawaiians See Bid
To Undermine Home Prices;
'A Weird Reality Show'
By Robert Frank, The Wall Street Journal
In Hawaii's exclusive neighborhood of Kahala, wealthy residents generally keep to themselves inside gated estates and beachfront mansions. But last week, they couldn't help but notice their newest neighbors: a group of homeless Hawaiian families.
In one unusual experiment between rich and poor, a reclusive Japanese billionaire has handed the keys to three of his multimillion-dollar houses to needy Hawaiian families. The billionaire, Gensiro Kawamoto, told the local press that he hoped the gift would offer hope and opportunity to families who had little of either. He also said his experiment would encourage Kahala's rich to reach out to homeless families and give them jobs and assistance.
The families were chosen from more than 3,000 people who wrote to Mr. Kawamoto hoping to be chosen for the houses, which he purchased during the past two years. They will pay no rent and be responsible only for maintenance. Mr. Kawamoto, who retains ownership of the houses, has said he may offer eight or nine homes in total to homeless families in coming months.
"They will be living in heaven now," Mr. Kawamoto said as he handed over the keys to a $5 million, five-bedroom mansion to a homeless family last week. "Affluent people can help the least affluent people."
Yet while many Hawaiians are celebrating Mr. Kawamoto's gift, others are dubious. Mr. Kawamoto has spent an estimated $130 million to buy more than 20 houses in Kahala, a hushed Honolulu neighborhood of Tudor beach mansions and rolling estates that's considered the Beverly Hills of Hawaii. Mr. Kawamoto hasn't said what he plans to do with the properties, other than provide the homes for the homeless and perhaps open a museum or two for his art collection.
But some worry that the eccentric real-estate magnate -- better known for evicting low-income tenants than offering them free rent -- may be using the homeless to drive down property values. They say Mr. Kawamoto, an avid land speculator, plans to buy more Kahala houses at a discount so he can later sell them for a bigger profit.
"He may be trying to knock down prices so he can pick up land more cheaply," says Richard Turbin, an attorney who lives in Kahala. "I'm sure the homeless families are lovely people. But this is a recipe for disaster."
At the very least, it's a recipe for a culture clash between those at the top and bottom of Hawaii's extreme wealth gap. In his statements, Mr. Kawamoto said he hopes the families will bring a more "local" feel to the neighborhood, which is dominated by vacation homes for out-of-towners. Mr. Kawamoto says he wants more singing, dancing, parties and "Polynesian flair." He's calling his new homeless settlement the Kahala Ave. Mission.
"It's going to be my extended family," the media-shy Mr. Kawamoto told reporters. He declined to answer questions emailed to his attorney.
Kahala residents don't know quite what to make of their new neighbors. Some have started driving or walking past the homes to gawk at the new families, who are often out playing in the yards. Others are commenting on the homes' swimming pools, which Mr. Kawamoto had filled in with rocks to lower the maintenance costs. On an island where gardeners can cost $20 an hour and plumbers charge $200 just to show up, some locals wonder how the poor families will be able to foot the remaining maintenance bills.
"Putting these families in Kahala is like a weird reality show," says Joanne Lundstrom, chief executive of Mental Health Kokua, which provides services to the homeless. "It will be interesting to see what happens when these kids start going to school with the Kahala kids."
Some of the wealthy aren't waiting to find out. Carl Smigielski, a Kahala real-estate agent, says one of his clients pulled out of a deal to buy a $2.5 million house in Kahala after he heard about Mr. Kawamoto's plans.
Other real-estate agents and some homeless advocates say that if Mr. Kawamoto truly wanted to address Hawaii's growing homeless problem, he would sell the Kahala homes and build low-cost houses in the island's less affluent areas with the proceeds. With Hawaiian real estate now among the world's most expensive, low-income residents are increasingly forced to live in tent communities at beaches and parks. "If he invested, say, $15 million in structures that weren't so high end, you could accommodate more people," Ms. Lundstrom says.
One reason locals are so skeptical is Mr. Kawamoto's past. Mr. Kawamoto, the son of a kimono maker who once owned more than 50 nightclubs and bars in Tokyo, became the poster child for Japanese land-grabbers in Hawaii during the late 1980s. He was famous for trolling the streets in his "Kawamotomobile" limousine to buy properties on the spot for cash.
He scooped up more than 150 homes in Oahu, which later fell into disrepair and became a blight. Mr. Kawamoto said it was the job of his property managers to maintain the houses, but the managers say he refused to authorize necessary repairs. He sold many of the houses in 2002.
Mr. Kawamoto also bought more than 400 homes in Northern California in the late 1980s. Yet in 2002, he notified hundreds of his tenants that they were being evicted and had 30 days to leave. The move sparked such an outcry that the state passed legislation forcing landlords to give tenants at least 60 days notice before an eviction.
But for now, there's little the Kahala residents can do to oppose his homeless plan. "We can only make sure he follows all the health and building codes," says Mr. Turbin, the attorney. "There's no law that says you can't rent your homes to homeless people."
http://online.wsj.com/public/article/SB117520680780153755-jIVuM_CUMGoduiHxz21mwWtJJVU_20070429.html
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January 14, 2005
Isle bankruptcy lawyers
enjoy boom in business
Local representation for
Aloha Airlines improves efficiency
By Dave Segal, Star-Bulletin
Is there an available Chapter 11 attorney in the courtroom?
The side-by-side reorganizations of Hawaiian and Aloha airlines might not be good for their employees and creditors, but the cases are providing a steady flow of income to the firms of the approximately 50 attorneys in town who specialize in business bankruptcies.
"Airline bankruptcy is a growth area. It's certainly not a bad time to be a bankruptcy lawyer," said Rich Turbin, the newly elected president of the Hawaii State Bar Association.
Gelber, Gelber, Ingersoll & Klevansky, one of the few firms in Hawaii with the resources to serve as the lead counsel in a commercial bankruptcy, was chosen to represent Aloha yesterday in a ruling that will make the bankruptcy less expensive and more efficient for the airline than if it had been forced to look for representation on the mainland.
But the selection of the Gelber firm did not come without a fight. The Office of the U.S. Trustee objected to the firm's hiring in federal Bankruptcy Court because the firm also represents the majority shareholders of Hawaiian Airlines' parent company and an investor group that is part of the leading reorganization plan for Hawaiian.
U.S. Trustee attorney Curtis Ching said the Gelber firm should remove itself from the Hawaiian Airlines case if it wants to represent Aloha, because not doing so would create conflicts since the two airlines are competitors in the interisland flight market. Ching said the Gelber firm would have access to confidential information of Aloha and that Hawaiian and Aloha have competing interests.
But Bankruptcy Judge Robert Faris sided with the Gelber firm while noting that the Hawaiian Airlines case appears to be coming to an end. Faris indicated it could be difficult for parent company Hawaiian Holdings Inc. and investor group RC Aviation LLC to find new local representation this late in the bankruptcy.
"About a week ago, one party (involved with Hawaiian Airlines) said he was finding it impossible to find local counsel who wasn't already involved in the (Hawaiian) case," Faris said.
Hawaiian Airlines attorneys typically charge about half of what is demanded by their mainland counterparts. For example, Los Angeles attorney Bruce Bennett, who represents Hawaiian Airlines trustee Joshua Gotbaum, bills at $645 an hour, while the trustee's local attorney, Tom Roesser, bills at $285 an hour. Brett Miller, the New York-based attorney who heads the Hawaiian Airlines unsecured creditors' committee, bills at $575 an hour, while Jim Wagner, the unsecured creditors group's top-charging local attorney, bills at $350 an hour.
Even when mainland counsel is necessary or desired, Hawaii attorneys still get their share of the money. Hawaii state bar rules of the U.S. District Court require that attorneys who are not members of the Hawaii state bar must have local counsel sponsor them. Therefore, if a Hawaii company needs representation locally and from the mainland, bankruptcy expenses will quickly escalate. Although the state has about 130 members in the bankruptcy law section of the Hawaii State Bar Association, most of them handle consumer debtors in chapters 7 and 13 cases.
Still, attorney Don Gelber does not think the two simultaneous local airline bankruptcy cases are straining the availability of Hawaii attorneys, despite how it might appear on the surface.
"I don't think it has a significant difference," he said. "Each case alone requires so many professionals that those roles will be filled by both mainland and local counsel, consultants and other experts. I think the fact that both carriers are in Chapter 11 proceedings may have some effect on the ability of counsel to serve in each case, but it all depends on the facts and circumstances."
As it stands, most of the local attorneys who have Chapter 11 experience will end up representing both airlines. Unless an attorney is representing a bankrupt company, its creditors' committee or a trustee, the attorney is considered to be free of conflict and can get permission from other clients to participate in both cases.
Jerrold Gubin, a bankruptcy attorney with Honolulu-based Reinwald O'Connor & Playdon, said mainland counsel who need a local sponsor do not have to rely on those who specialize in Chapter 11 cases.
"I'm sure all the Chapter 11 specialists have been spoken for in the Hawaiian case," Gubin said. "But you could always use somebody else who's just a member of the bar."
http://starbulletin.com/2005/01/14/news/story6.html
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February 23, 2007
GOVERNOR LINGLE APPOINTS JEAN IRETON AS
DEPUTY DIRECTOR OF CORRECTIONS
For Immediate Release:
HONOLULU – Governor Linda Lingle has appointed Jean M. Ireton as deputy director of corrections for the Department of Public Safety. Ireton will work with Public Safety Director Iwalani White in overseeing the department’s Corrections Division, which includes the state’s four prisons and four community correctional facilities. She will start her new position on March 7.
“Jean is an effective manager who has been recognized by her colleagues for her work in law enforcement,” said Governor Lingle. “I am confident Jean will be a key part of the Department’s leadership team as our Administration continues to focus on improving management of the state’s corrections system.”
Ireton is currently the division director of the Career Criminal Unit of the City’s Department of the Prosecuting Attorney. She previously served as a deputy prosecuting attorney and has been a per diem judge with the District and Family Courts. Ireton was an associate with the Law Office of Richard Turbin and also had her own private law practice. She had a judicial externship with Intermediate Court of Appeals Judge Yoshimi Hayashi and an externship with Federal Public Defender Michael Levine....
Ireton received her law degree from the William S. Richardson School of Law and her bachelor’s degree from the University of Hawaii – Hilo. She is a graduate of Seabury Hall High School on Maui.
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May 5, 2004
House Speaker, Senate President Endorse John Kerry for President; Send Out Letter Announcing Fundraiser
By Malia Zimmerman, Hawaii Reporter
House Speaker Calvin Say and Senate President Robert Bunda sent a letter to potential supporters of John Kerry for U.S. President, asking them to attend a fundraiser at the home of wealthy, well-known tort attorney Richard Turbin and his wife, Rai Saint Chu.
Ironically, Say and Bunda fault President George W. Bush for "out of control government spending," while "ordinary people in this country are being placed on the backburner behind our president’s rich oil friends."
This comes just after House and Senate Democrats voted to override the governor’s veto of the 8 percent raise for public union workers with the Hawaii Government Employees Association.
Gov. Linda Lingle, a Republican, says Hawaii cannot afford the massive increase in pay, awarded by an arbitrator who did not understand the Hawaii State Budget and improperly interpreted a $1 billion fund for workers compensation as expendable, when it is required by law to stay intact. She says the increase will lead to a cut in government-funded programs and projects and will hurt the ordinary citizens.
Apparently it is fine for the Democrats to help special interest groups that help get them re-elected by sign waving, fundraisers and donations, but Republicans are banned from such activity.
Another irony, they cite the importance of "the right of individuals to exercise their free choice." If they truly believe that, they would allow parents and the public to vote on whether or not there should be local school boards in Hawaii. Lingle pushed for the question of whether Hawaii’s single board of education should be abolished and broken into between four to seven locally elected school boards, but Democrats refused to pass legislation to allow the question on the 2004 ballot. This despite polls that showed more than 70 percent of the public wanted the chance to vote on the issue in order to change the current system, which is rated at one of the worst in the nation in terms of test scores and dropout rates.
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Richard Turbin is expected to testify regarding his business, professional and personal relationships with Sukamto Sia, Guido Giacometti, Susan Tius, Nathan Aipa, Colleen Wong, Lyn Flanigan Anzai, Earl Anzai, Colleen Hanabusa, Todd Apo, Ko Olina, Herbert Horita, Royal Kunia, Mahalo Airlines, Curtis Ching, Judge Lloyd King, Judge Robert Faris, Mary Lou Woo, Hiram Fong Estate, Steven Guttman, David Farmer, Paul Alston, Judith Neustadter Fuqua, Randy Roth, Jerrold Gubin, Gensiro Kawamoto, Linda Lingle, Jean Ireton, John Peyton, Ron Rewald, Colbert Matsumoto, and others to be named upon discovery.
Internet References:
http://starbulletin.com/98/11/07/news/
http://starbulletin.com/98/11/10/business/index.html
http://starbulletin.com/98/12/11/business/index.html
http://starbulletin.com/98/12/17/business/story1.html
www.msnbc.msn.com/id/13411619/
www.kycbs.net/Broken-Trust-Book.htm
www.kycbs.net/GensiroKawamoto.htm
www.kycbs.net/Hawaiian-Air.htm
www.kycbs.net/IndonesianConnection.htm
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