Woo vs. Harmon - Witness Richard Wong

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

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DEFENDANT’S WITNESS

RICHARD S.H. WONG

c/o Kenneth Hipp, Esq., Marr Hipp Jones...
1001 Bishop Street, Ste 1550
Honolulu, HI 96813

Richard Wong is a former Kamehameha Schools/Bishop Estate Trustee; ex-husband of Mari Stone Wong; ex-brother-in-law of Jeffrey Stone; Defendant in EQ2048; Defendant in Harmon’s RICO lawsuit; Real Party in Interest in CV05-00030 - James B. Nicholson, Trustee vs. Harmon.

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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)

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

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

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NEW DISCOVERY (02-25-08):

October 4, 2007

Disney Confirms Hawaiian
Resort Plans

800-Unit Resort To Open In 2011

HONOLULU -- Walt Disney Parks and Resorts announced on Wednesday that it will open a resort in Hawaii.

Disney said the hotel should generate about 1,000 new jobs.

Disney officials said that its team of designers is working with cultural advisors and local architects to finalize what the resort will look like. They hope to break ground for the project next year.

"This resort hotel will give our guests another way to visit an exciting part of the world with a brand they trust," Walt Disney Parks and Resort Chairman Jay Rasulo said in a written statement. "We are looking forward to building a special family resort that honors the cultural diversity of Hawaii and reflects the spirit of aloha that makes this location so unique."

"To have a company of this quality and caliber choose us when they could have chosen anywhere in the world, means a lot to us," Gov. Linda Lingle said.

Disney bought the 21-acre property for $144 million from The Resort Group, Jeff Stone's company that oversees the development of the Ko Olina area.

"I think it's incredible. As many projects as we try and bring to Hawaii, I think bringing in the Walt Disney Co. to Hawaii is the perfect fit. I think it's the perfect fit for the community, I think they're sensitive, I think they know exactly what needs to be done," Stone said.

It is the only Disney resort that will not be attached to one of its theme parks.

Part of the project will also bring in 1,000 parking stalls, which will add to the number of available stalls for the public, Stone said.

http://www.kcra.com/money/14267992/detail.html

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New Discovery (11-17-07): Re: EQUITY No. 2048 - EXHIBITS RE DEPOSITIONS OF RICHARD WONG:

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 headings, “Wong Deposition” (2 volumes), and “Wong Exhibits”:

http://www.brokentrustbook.com/sources.html#depositions

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November 26, 1998

Trustees say estate paying
for personal legal services

Jervis and Stender say the other
trustees have a conflict of interest and
are wasting trust assets

By Harold Morse, Star-Bulletin

Bishop Estate trustees Gerard Jervis and Oswald Stender have filed petitions in Circuit Court objecting to a majority of fellow trustees voting for legal services in the personal interest of these trustees and not the estate.

Estate attorney William McCorriston disagrees. "The only assignments that I have been given pertain to trust matters and not to the personal interests of the trustees," he said.

Jervis says he could submit copies of three resolutions passed by votes of majority trustees Richard S.H. Wong, Lokelani Lindsey and Henry Peters over objections of Jervis and Stender.

The three board resolutions were passed "on or about Nov. 17," the Jervis petition says. They authorize Robert Bruce Graham of Ashford & Wriston and McCorriston of McCorriston Miho Miller Mukai to render specific legal opinions on subjects that "give rise to a conflict of interest between the personal interests of the trustees and their interests as trustees to act in the best interest of the estate."

Thorough legal work already has been done in these areas, Jervis says in his petition. "Therefore, the resolutions seek duplicative services, which are a waste of trust assets."

The resolutions also give Bruce Graham and McCorriston wide latitude in retaining additional consultants and expend trust funds, Jervis says. "Such granting of unlimited authority is improper and may result in further wasting of trust assets."

The petition says Jervis believes the purpose of the resolutions are to secure additional legal research, opinions and services, at estate expense, for individual trustees in their own defense in other proceedings.

"The effect of the resolutions is to transfer the cost of individual trustees' defense to the trust."

Jervis says this constitutes a direct conflict of interest between these individual trustees and their fiduciary duties. "Their personal interests do not necessarily coincide with the interests of the trust."

McCorriston said it seems someone wants the trust to go without legal representation in matters in court. "The trust has a very definite interest in having its own representation in court proceedings, separate and apart from the lawyers representing the individual trustees," McCorriston said. "The lawyers for Jervis and Stender are serving their clients' interest, not the interest of the trust."

"There are numerous other examples where trustees have acted in the best interest of the trust and deserve representation by the trust. The whole idea of conflict is being used for tactical advantage by various parties, McCorriston said.

http://starbulletin.com/98/11/26/news/index.html

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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RICHARD SUNG HONG WONG, MARI STONE WONG, and KATHLEEN WONG,
Plaintiffs-Appellants

vs.

BENJAMIN CAYETANO, EARL I. ANZAI, MARGERY BRONSTER,
THOMAS R. KELLER, LAWRENCE A. GOYA, CYNTHIA QUINN, HUGH R.
JONES, DOROTHY SELLERS, STEVE GOODENOW, JOHN TSUKIYAMA,
Defendants-Appellees

and

JOHN DOES 1-25, Defendants

NO. 27117

APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 02-1-2411)

JULY 26, 2006

DUFFY, ACTING C.J., AND CIRCUIT JUDGES AHN, NISHIMURA,
BORDER, AND HARA, IN PLACE OF MOON, C.J., LEVINSON,
NAKAYAMA, AND ACOBA, JJ., RESPECTIVELY, RECUSED

OPINION OF THE COURT BY DUFFY, J.

In this action for malicious prosecution, Defendants-Appellants Richard Sung Hong Wong (Richard), Mari Stone Wong (Mari), and Kathleen Wong (Kathleen) [hereinafter collectively, the Wongs] appeal from the February 4, 2005 final judgment of the Circuit Court of the First Circuit⁽¹⁾ in favor of Defendants-Appellees Benjamin Cayetano, Earl I. Anzai, Margery Bronster, Thomas R. Keller, Lawrence A. Goya, and Cynthia Quinn [hereinafter collectively, Cayetano Group], and Defendants-Appellees Hugh R. Jones and Dorothy R. Sellers [hereinafter collectively, Jones Group, and collectively with the Cayetano Group, Defendants].⁽²⁾

On appeal, the Wongs assign a single point of error: that the circuit court erred in "determining that [the Wongs] did bring or should have brought their state malicious prosecution claims" in their prior federal court action. The Cayetano Group counters that: (1) the circuit court did not err in concluding that the Wongs' claims were barred by res judicata; (2) the judgment must be affirmed as against Kathleen based on the circuit court's unchallenged conclusion that she failed to state a claim upon which relief could be granted; (3) the judgment must be affirmed as against Richard and Mari based on the circuit court's unchallenged conclusion that their claims are barred by collateral estoppel; (4) the judgment must be affirmed as against Richard on the basis that he released his claims; and (5) the judgment must be affirmed in favor of Cayetano on the basis that the Wongs failed to raise a genuine issue of material fact. The Jones Group similarly counters that: (1) the circuit court did not err in concluding that the Wongs' claims were barred by res judicata; (2) the judgment must be affirmed as against Kathleen based on the circuit court's unchallenged conclusion that she failed to state a claim upon which relief could be granted; (3) the judgment must be affirmed as against Richard and Mari based on the circuit court's unchallenged conclusion that their claims are barred by collateral estoppel; (4) the judgment must be affirmed as against Richard and in favor of the Jones Group based on the circuit court's unchallenged conclusion that he released his claims against them; and (5) the judgment must be affirmed in favor of the Jones Group on the basis that the Wongs failed to raise a genuine issue of material fact.

Based on the following, we affirm the circuit court's final judgment in favor of all Defendants.

I. BACKGROUND

Disposition of the instant action requires consideration of a federal court action filed by Richard and Mari pursuant to 42 U.S.C. § 1983 alleging federal civil rights violations, as well as consideration of various civil and criminal proceedings instituted with respect to the Estate of Bernice P. Bishop (Bishop Estate)⁽³⁾ and its trustees, of whom Richard was one. Accordingly, this opinion sets forth the background of each proceeding insofar as it is relevant to the instant case.⁽⁴⁾

A. Civil Probate Proceeding

On September 10, 1998, then-Attorney General of the State of Hawai`i Bronster⁽⁵⁾ filed a petition in the circuit court of the first circuit, sitting as a probate court In re Estate of Bernice P. Bishop, Deceased, First Circuit Equity No. 2048, alleging misconduct on the part of the five Bishop Estate trustees, including Richard, and seeking their surcharge and removal. Jones and Sellers were the deputy attorneys general assigned to litigate the petition. The Attorney General's office also began a criminal investigation, but established a "Chinese Wall" between the probate litigation team (including Jones and Sellers) and the team pursuing the criminal investigation (including Goya and Quinn).⁽⁶⁾...

www.state.hi.us/jud/opinions/sct/2006/27117.htm

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Richard Wong is expected to testify as to the facts and circumstances of the settlement, and to provide evidence, in the form of an Attorney of Record letter or similar document, that Kenneth Hipp, Esq. was his appointed attorney in Harmon’s RICO lawsuit, and that Mr. Hipp’s appointment was approved, in writing, by Federal Insurance Company. Richard S.H. Wong is also expected to testify regarding his past and present relationships with Defendant, Mari Stone Wong, Judge Kevin Chang, Judge Barry Kurren, Faye Kurren, Douglas Ing, Patrick E. Keller, Mikah Kane, Mark Construction, Constructors Hawaii, Mark Development, Mark Watase, Craig Watase, Jeffrey Stone, Kevin Showe, Ko Olina Resort, Patrick E. Keller, Lawrence Goya, Eric Seitz, Guido Giacometti, Susan Tius, Sukamto Sia, Nathan Aipa, Rodney Park, Wally Chin, Milton Holt, Colleen Wong, Lyn Anzai, Louanne Kam, Elisa Yadao, Ian Lind, Sally Apgar, Rick Daysog, Judge Colleen Hirai, Judge Alan Kay, Judge Michael Town, Judge James Duffy, Judge Alan Kay, Judge Michael Seabright, and others to be named upon discovery.

Richard Wong is also expected to testify while he was a state senator or Bishop Estate trustee, whether or not Mark Construction, or any of its subsidiaries or subcontractors, ever performed any work on his personal residence, and, if so, the nature and details of that work. Mr. Wong is also expected to testify regarding his involvement, as a legislator, with the federal financing and construction of the H-1 Freeway.

Internet References:

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.kycbs.net/IRS-Intermediate-Sanctions.pdf

http://starbulletin.com/1999/04/13/news/story1.html

http://starbulletin.com/1999/04/20/news/story2.html

http://starbulletin.com/1999/07/02/news/story2.html

http://the.honoluluadvertiser.com/1999/Dec/21/localnews2.html

www.state.hi.us/jud/22671.htm