Bobby N. Harmon, CPCU, ARM
5597 Ness Avenue Tel & Fax No. (702) 222-2137
Las Vegas, NV 89118-2070
December 27, 2004
VIA fax @ (808) 586-1239
and e-mail: firstname.lastname@example.org
Mark Bennett, Attorney General
State of Hawaii
425 Queen Street
Honolulu, Hawaii 96813
RE: Breach of Agreement by Kamehameha Schools/Bishop Estate
Dear Attorney General Bennett:
This is to report an apparent breach of Bishop Estate’s agreement with your office that prohibited retaliation against any employee who came forward with information regarding the destruction or removal of trust documents, as reported in following article which appeared in the Honolulu Star-Bulletin on October 30, 1997:
Bishop Estate agrees
not to destroy files
The agreement also calls for a ban
on retaliation against KSBE
employees who come forward
By Jim Witty, Star-Bulletin
The attorney general’s office and Bishop Estate have struck an agreement behind closed doors that prohibits the destruction or removal of any trust documents and bans retaliation against any employee who comes forward with any information to the contrary.
The agreement, which carries the same judicial weight as an injunction, was hailed as a victory by both sides.
“We have achieved what we sought to achieve,” said Deputy Attorney General Larry Goya, who had sought a permanent injunction against the destruction of estate documents after a Bishop Estate employee said the secretary for trustee Lokelani Lindsey was deleting computer files.
Bishop Estate attorney Bill McCorriston said the prohibitions on destroying documents and retaliation were never matters of contention during four days of negotiations, but “the allegation that any record was destroyed or eliminated by any KSBE employee, including Mrs. Lindsey’s secretary” was not negotiable....
According to the stipulation signed by Judge Kevin Chang, the court made “no finding concerning any misconduct by any employee of KSBE regarding deletion, destruction or removal of any KSBE documents including computer records.”
“It’s a pass on the issue at this point,” said Howard Luke, attorney for the estate employees called in to be interviewed on the matter....*
< END OF QUOTATION >
As you no doubt are aware, I provided substantial evidence during the attorney general’s investigation into the wrongful activities of the former Bishop Estate Trustees (EQ 2048), including information regarding the removal and destruction of documents. I was also a named witness for the Attorney General in that case.
At the time of the Attorney General’s investigation, I had also filed a RICO lawsuit against the former Bishop Estate trustees; Federal Insurance Company; P&C Insurance Company; PricewaterhouseCoopers; Nathan Aipa; Louanne Kam; Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington, and others. From that time, and continuing to the present date, I have been harassed, threatened with further lawsuits, and retaliated against by Kamehameha Schools and their outside attorneys (principally Robert Katz and Matt Tsukazaki, of Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington), and by Steven Guttman, of Kessner Duca Umebayashi Bain & Matsunaga, in apparent violation of the Agreement described in the above-quoted news article.
As the Bishop Estate Agreement was “struck behind closed doors,” and as I do not have a copy, I cannot state for a fact that this harassment and retaliation violates the Agreement. Therefore, by means of this letter I am requesting that your office immediately investigate this situation, and take whatever action is warranted and necessary to enforce the Estate’s compliance with this Agreement.
Furthermore, as an Application for Compensation and Reimbursement of Expenses relating to my case was filed on November 22, 2004, by Steven Guttman with the U.S. Bankruptcy Court, and is currently scheduled for Hearing before Judge Robert J. Faris at 9:30 A.M. on January 19, 2005, I am hereby requesting that you provide to me a true, signed copy of the Bishop Estate Agreement as soon as possible for my review and presentation to the Court at this Hearing.
There are too many documents available which give evidence to my claims of harassment and retaliation that I have not included them with this letter; however, I can furnish these documents upon your request if you believe they will assist you in your investigation or prosecution of this case. Further information can also be found at the following website:
Your urgent attention to this matter is requested, and will be greatly appreciated.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
cc: Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
Governor Linda Lingle, State of Hawaii (via fax @ 808-586-0006)
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)
Lyn Flanigan Anzai, Hawaii State Bar Association (via e-mail: email@example.com)
Susan Tius, Esq., c/o Rush Moore Craven Sutton Morry & Beh
(via fax @ 808-521-0597)
Gerard Jervis, Lokelani Lindsey, Henry Peters, Oswald Stender, and Richard Wong, c/o Kenneth Hipp, Esq., 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)
Michael F. Perlis, Esq., Stroock & Stroock & Lavan, LLP, Atty for Federal Insurance Co. - (via fax @ 310-556-5959)
Lori Chung, Aon Insurance Managers - (via fax @ 808-540-4301)
Casimer Fidele, Tradewind Insurance Company - (via fax @ 808-521-7489)
PricewaterhouseCoopers, c/o Warren Price III - (via fax @ 808-533-0549)
Terry Mullen, CEO/Pres., John Mullen & Co. - (via fax @ 808-531-0053)
Mary Lou Woo, c/o Steven Guttman, Kessner Duca Umebayashi Bain & Matsunaga - (via fax @ 808-529-7177 and e-mail: firstname.lastname@example.org)
William K. Slate II, President/CEO, American Arbitration Association
(via fax @ 212-716-5905 and e-mail: Websitemail@adr.org)
James B. Farris, Senior Case Manager, American Arbitration Association
(via fax @ 559-490-1919 and e-mail: Farrisj@adr.org)
This is a leaf from
Confessions of a Whistleblower
~ ~ ~
To fly to the top of this tree
The Catbird Seat