Bobby N. Harmon, CPCU, ARM
Louisville, Kentucky 40229-1655
August 21, 2004
VIA facsimile @ (808) 529-7177
Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
220 South King Street, 19th Floor
Honolulu, HI 96813
RE: Notice of Claim - Steven Guttman, Esq., Kessner Duca Umebayashi et al. -
Mary Lou Woo, Trustee v. Bobby N. Harmon - AAA Case No. 74-166-00491-03 JAFA
Dear Mr. Guttman:
This responds to your letter dated August 18, 2004, in which you write:
“You state in your letter of August 13, 2004, that ‘it appears that Trustee Mary Lou Woo does not wish to attempt to negotiate an out-of-court settlement of these claims in order to avoid further litigation.’ In light of your refusal to act in conformance with the settlement that had been negotiated and consummated, why would anyone contemplate having a further discussion with you? The expression ‘chutzpah’ comes to mind when reading your remarks, although the word is too generous to describe your behavior. You have shown a total disregard for honoring an agreement.”
As you well know, Mr. Guttman, the settlement was “negotiated” by you, behind closed doors, with your legal cohorts Louanne Kam, Susan Tius, Matt Tsukazaki, Jeffrey Sia, Kenneth Hipp, Bradley Tamm, and others. It wasn’t until months AFTER I had been coerced into signing the agreement, and began to question many suspicious issues, that I even began to learn of all the fraudulent and deceptive practices that were used to “consummate” the deal.
As a matter of fact, I did not learn of many of these fraudulent acts until AFTER you filed your demand for the current arbitration and provided, in your Exhibits, documents which I had never before seen. Also, it wasn’t until AFTER this arbitration was underway that I obtained, from Bradley Tamm, a copy of his facsimile dated April 6, 2002, addressed to you, Matt Tsukazaki and Susan Tius, in which he stated regarding my letter of March 30, 2004, to Gregory T. Dunn:
“TRANSMITTED HEREWITH IS A COPY OF A LETTER RECENTLY RECEIVED FROM MR. HARMON. APPARENTLY, HE IS SENDING NEARLY IDENTICAL LETTERS TO ALL OF US.
“I WOULD REQUEST THAT MR. TSUKAZAKI RELEASE TO ME A COPY OF ANY SIMILAR LETTERS SENT TO HIM, MS. TIUS, OR BISHOP ESTATES. I BELIEVE WE SHOULD ALL COOPERATE IN EXCHANGING SUCH INFORMATION FOR OUR MUTUAL BENEFIT AND THE PRESERVATION OF OUR CARRIER’S INTERESTS.”
You continue in your letter of August 16, 2004:
“You have no claims against the Trustee or myself. Despite your voluminous letters to various attorneys who represented various defendants in the prior litigation, you have yet to state a single cognitive claim against any of them. The Arbitrator specifically asked you to articulate any claim you had against anyone and you were not able to do so. If you truly have a legitimate claim to present, it is not logical for you to state that you will only articulate your so-called claim to a designated claims adjuster, particularly in light of the knowledge you should have gained through your past employment.”
Mr. Guttman, it is completely logical that I would not wish to present all the details of my claims directly to any of the parties in this case. For one reason, I would not want to allow you to collude further with each other in your defenses in these cases, or in your on-going pursuit of the sanctions against me in these arbitration proceedings.
Second, I have good reason to believe, and have repeatedly alleged, that the insurance brokers and/or insurance companies involved in the case are the same for Trustee Mary Lou Woo, Judith Neustadter, Susan Tius, Matt Tsukazaki, Robert Katz, Jeffrey Sia, Warren Price III, Kenneth Hipp, and other connected parties – thus making this an undisclosed “conflict-of-interest” issue. Some of these insurance entities may even have been the same parties named in my Racketeer Influenced and Corrupt Organizations (RICO) lawsuit. Since all of you have repeatedly refused to disclose the names of your insurance brokers and carriers, it would NOT be logical for me to divulge a great deal of information, or make more definitive charges, until I know the identities of these brokers and insurance companies. By dealing directly with you and your co-conspirators, instead of with an authorized representative of the insurance company, I would be enabling you to further conceal the names of these entities.
Third, as you know from my RICO lawsuit, one of my allegations against Nathan Aipa, Louanne Kam, and others, was the fact that they were not properly reporting legitimate insurance claims to me, as the Risk Manager, or to their insurance companies – including Kamehameha Schools’ own “captive”, P&C Insurance Company. Also, as I have stated in earlier letters to you, Matt Tsukazaki, Rodney Park, and Clyde Mark, these are legitimate insurance claims that I am pursuing at this time – not lawsuits. Therefore, it is only logical that I deal with authorized claims representatives of the insurance companies rather than presenting my case directly to you and your co-conspirators. Louanne Kam has already stated that she was the party responsible for DECIDING NOT TO SUBMIT my claim for tender of defense in the current arbitration to P&C Insurance Company, as well as my numerous other claims against Kamehameha Schools and related entities. These failures to submit legitimate claims to the insurance company are, in themselves, WRONGFUL ACTS, and ones which I intend to discuss in detail if and when I am ever contacted by any of the insurance carriers involved in these outstanding claims. Kamehameha Schools’ failure to report claims has cost the beneficiaries millions of dollars by giving the insurance companies a legitimate reason for later denying the claim - an example of which can be seen at www.the-catbird-seat.net/Methane.htm. For more recent examples of the dire consequences of entities trying to handle their own claims negotiations, I suggest that you check these sites out: www.the-catbird-seat.net/Kemper.htm and www.the-catbird-seat.net/FiringDobelle.htm.
Fourth, as you know in my RICO lawsuit I alleged that some of the major acts being perpetrated against the beneficiaries of Kamehameha Schools involved racketeering, money-laundering, illegal political contributions, and improper payments to Marsh & McLennan Companies. In these NEW CLAIMS, I am alleging that – even though my RICO lawsuit may have been settled – similar NEW acts of racketeering and other wrongful deeds have CONTINUED from that date to the present time. My outstanding claims involving you and Trustee Woo, pertain to the wrongful acts committed by YOU, and your co-conspirators, BEFORE, DURING and AFTER the settlement was “consummated”. My claims of fraud in the negotiation and execution of the Settlement Agreement, and my NEW CLAIMS against you and your co-conspirators, were NOT issues to be decided by the instant arbitration – as specifically stated by Judith Neustadter herself. Therefore, it was completely logical, and understandable, that I did not “articulate” any of these NEW CLAIMS at the arbitration hearings. Furthermore, given these circumstances, neither your interpretation, nor the arbitrator’s interpretation, of the terms of the Settlement Agreement are material as respects your reporting of these CURRENT CLAIMS to your respective insurance companies.
You continue in your letter:
“Despite the warnings and the interim orders, you persist with sending copies of letters to third parties and posting communications on your web page. We will follow up with a request for the entry of the monetary sanctions outlined in the Arbitrator’s interim orders and we will proceed with enforcement, including the assistance of the federal court sitting in Louisville, Kentucky.”
As I have advised you previously, I consider these “warnings” as improper threats intended to intimidate and keep me silenced about illegal activities I have uncovered both while employed by Kamehameha Schools/Bishop Estate and after these arbitration proceedings began. I also consider these threats as attempts to obstruct justice. Again, these are examples of “wrongful acts” that normally would be covered under the terms of most professional liability insurance policies; therefore, I do consider these as clear, legitimate claims against the Trustee and yourself. And, as we are talking about NEW CLAIMS which have no relationship to the Agreement or issues involved in this arbitration, I continue to maintain that the United States Constitution, grants me the First Amendment Right to continue to report illegal activities to proper regulatory and law-enforcement authorities, and to make these activities known to the public at large – be it by means of copies of letters to third parties; interviews with - or letters to - the media; or by posting this information on the Worldwide Web.
You conclude your letter by stating:
“Due to the rules of the American Arbitration Association and their unwillingness to deal with a vexatious individual such as yourself, we have had to continue to comment on your correspondence. Prior to the Arbitration I had advised you that neither the Trustee nor I would respond to your repetitious correspondence and our silence was not to be interpreted as an agreement with your remarks. I anticipate the Arbitrator will issue her final decision this month. Upon the issuance of her decision, we intend to limit our communications to the court process. Individuals who are unwilling to honor an agreement need to know that there are real consequences for their actions.”
Mr. Guttman, I would point out that you are again attempting to confuse the issues by involving the American Arbitration Association, and Judith Neustadter, with these claims matters which were not at issue in the arbitration. This is also another example of your continuing avoidance of answering ANY of the logical, and factual, arguments in my letter of August 13, 2004, and in my previous letters to both you and to the American Arbitration Association. To prove my point, I would ask that you, the AAA, and any other interested party, simply review some of these letters at the following Worldwide Web address:
www.the-catbird-seat.net/Claims-By-Harmon.htm
The following related Websites provide even more factual, public information regarding various crimes and conspiracies involving a multitude of inter-connected, high-profile, political and business entities:
www.the-catbird-seat.net/AIG.htm
www.the-catbird-seat.net/AlliedWorldAssurance.htm
www.the-catbird-seat.net/AlohaHarken.htm
www.the-catbird-seat.net/Apollo.htm
www.the-catbird-seat.net/Bishop.htm
www.the-catbird-seat.net/Bishop2.htm
www.the-catbird-seat.net/Bishop3.htm
www.the-catbird-seat.net/Bishop4.htm
www.the-catbird-seat.net/BlackstoneGroup.htm
www.the-catbird-seat.net/BrokenTrust.htm
www.the-catbird-seat.net/BuzzardsOfParadise.htm
www.the-catbird-seat.net/ChubbGroup.htm
www.the-catbird-seat.net/ConnecticutConnection.htm
www.the-catbird-seat.net/ConsueloFoundation.htm
www.the-catbird-seat.net/Developers.htm
www.the-catbird-seat.net/FBI-4-12-98.htm
www.the-catbird-seat.net/GoldmanSachs.htm
www.the-catbird-seat.net/HarmonArbitration.htm
www.the-catbird-seat.net/IndonesianConnection.htm
www.the-catbird-seat.net/Investcorp.htm
www.the-catbird-seat.net/IRS.htm
www.the-catbird-seat.net/KSBE-Pension.htm
www.the-catbird-seat.net/Harmon-Trustees.htm
www.the-catbird-seat.net/Lawyers.htm
www.the-catbird-seat.net/MarshBirds.htm
www.the-catbird-seat.net/McCubbin.htm
www.the-catbird-seat.net/McCubbin-MorganLewis.htm
www.the-catbird-seat.net/Paradise.htm
www.the-catbird-seat.net/Prudential.htm
www.the-catbird-seat.net/RICO-BH.htm
www.the-catbird-seat.net/SandwichIsles.htm
www.the-catbird-seat.net/TheMeadows.htm
www.the-catbird-seat.net/Turnstone.htm
I should mention that these sites are being updated, and new sites added, almost daily as new information becomes available. I should also mention that these sites report only what is in the public domain, and do not contain information that I believe may be confidential under the terms of the Settlement Agreement. I do not intend to release any such “confidential” information to third parties EXCEPT TO AN AUTHORIZED CLAIMS REPRESENTATIVE of any of the insurance carriers which may be directly involved in these claims.
Please feel free to contact me if you have any questions or comments.
Very truly yours,
Bobby N. Harmon
cc: Mary Lou Woo, c/o Steven Guttman, Kessner Duca Umebayashi Bain & Matsunaga
(via fax @ 808-529-7177 and e-mail: sguttman@kdubm.com)
James B. Farris, Senior Case Manager, American Arbitration Association
(via fax @ 559-490-1919 and e-mail: Farrisj@adr.org)
Robert Kihune, Douglas Ing, Constance Lau, Diane Plotts, Nainoa Thompson,
Trustees of Kamehameha Schools (via fax @ 808-523-6313)
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
Susan Tius, Esq., c/o Rush Moore Craven Sutton Morry & Beh
(via fax @ 808-521-0597)
Matt A. Tsukazaki, Esq., Torkildson, Katz, Fonseca, Moore & Hetherington
(via fax @ 808-523-6001)
Henry H. Peters, Richard S. H. Wong, Lokelani Lindsey, Gerard Jervis and Oswald Stender, and Kenneth Hipp, Esq., c/o Marr Hipp Jones & Pepper
(via fax @ 808-536-6700)
Jeffrey H.K. Sia, Esq., Ayabe Chong Nishimoto Sia & Nakamura
(via fax @ 808-526-3491)
Robert S. Tameler, ALPS, Claims Administrator for Bradley Tamm and Greg Dunn
(via fax @ 406-728-7416)
Lori Chung, Aon Insurance Managers (via fax @ 808-540-4301)
Casimer Fidele, Tradewind Insurance Company (via fax @ 808-521-7489)
John Ashcroft, U.S. Attorney General (via e-mail: AskDOJ@usdoj.gov)
Mark Bennett, State of Hawaii Attorney General (via e-mail: hawaiiag@hawaii.gov)
Hugh Jones, Deputy Attorney General (via fax @ 808-586-1477)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)
Billy Beaver, Pension & Welfare Benefit Admin. (via fax @ 626-229-1098)
Ralph F. Boyd, Jr., U.S. Dept. of Justice (via fax @ 202-514-1116)
PricewaterhouseCoopers, c/o Warren Price III, Esq. (via fax @ 808-533-0549)
Marsh & McLennan, Honolulu Office (via fax @ 808-585-3510)
Terry Mullen, CEO/Pres., John Mullen & Co. (via fax @ 808-531-0053)
Lyn Flanigan Anzai, Hawaii State Bar Association (via e-mail: lanzai@hsba.org)
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