Bobby N. Harmon, CPCU, ARM
August 10, 2002
VIA Fax @ (808) 523-6001 & U.S. Postal Service
Matt A. Tsukazaki, Esq.
Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington
700 Bishop Street, 15th Floor
Honolulu, HI 96813-4187
RE: Your Letter of August 9, 2002 to Steven Guttman, Esq.
Dear Mr. Tsukazaki:
This is in response to your letter of August 9, 2002, to Steven Guttman, Esq. in which you state, “Enclosed please find copies of additional letters sent by Bobby Harmon to various individuals at Kamehameha Schools. We have repeatedly asked you to take immediate corrective action against Mr. Harmon to stop these acts of harassment. We again request that prompt action be taken against Mr. Harmon.”
In your letter you enclosed copies of the following Notice of Claim letters which I addressed to these entities on the dates indicated:
July 27, 2002 - P&C Insurance Company, Inc.
July 30, 2002 - Kamehameha Activities Association
August 1, 2002 - Arthur Andersen, LLP
August 2, 2002 - Miller & Chevalier
August 2, 2002 - Marsh Management Services, Inc.
August 3, 2002 - Kamehameha Schools
August 3, 2002 - PricewaterhouseCoopers LLP
August 5, 2002 - Rush Moore Craven Sutton Morry & Beh
August 7, 2002 - Kukui, Inc.
August 8, 2002 - Morgan, Lewis & Bockius
As you know, in each of these Notice of Claim letters I had asked the addressee to have their INSURANCE COMPANY promptly acknowledge receipt of these claims.
In your letter, you also state, “Mr. Harmon is reminded that the rules of court prohibit him from directly contacting parties who are represented by counsel. In the future, Mr. Harmon’s questions or claims should be directed to my office.”
Judging from this statement, it appears that I must point out to you again that these are NEW INSURANCE CLAIMS and, as I have not yet filed any new legal actions, it is my belief that these new claims would not be subject to the rules of any court. If, however, you still maintain that there are “rules” which would prohibit me from directly contacting these parties in order to report NEW insurance claims, then I ask that you please furnish me with letters from EACH of the above entities stating that you have been appointed counsel by them for the express purpose of representing them in these NEW insurance claims. I would also ask for written evidence that the INSURANCE CARRIERS for each of these entities have approved your appointment in accordance with the usual provisions in professional liability insurance policies.
Only one of your letter enclosures involves my previous RICO litigation. This is the copy of my letter to Sandie Wicklein, Personnel Director of Kamehameha Schools, which pertained to the IRS W-2 and 1099-R tax forms for the Year 2000. I believe that you are referring to this letter when you make the comment that your letter is to also inform me that “no response shall be forthcoming from any representative of Kamehameha Schools or P&C Insurance”, and that all inquiries should be directed through your office as legal counsel for Kamehameha Schools and P&C Insurance.
I would have no objection to addressing questions regarding these tax matters to your office except that numerous past inquiries directed to your office have gone unanswered. Also, your office has never provided me with documentation that you were, in fact, ever authorized by these entities, and their insurance carriers, to represent them in defending against my RICO lawsuit. As a matter of fact, the law firms of Marr Hipp Jones & Pepper, and Ayabe Chong Nishimoto Sia & Nakamura, also claimed to represent the Kamehameha Schools’ trustees and P&C Insurance Company in the RICO case. (Neither of these law firms, however, have ever furnished evidence of such representation to me, despite repeated requests.)
Therefore, if I am to direct all inquiries regarding these tax matters through your office as legal counsel for Kamehameha Schools and the directors and officers of P&C Insurance Company, then I must insist on being provided with documentation that you actually represented these named parties at the time of the settlement negotiations, and that you were doing so with their written consent and the written consent of their respective insurance carrier(s).
Although you do not make mention of this issue in your letter to Mr. Guttman, I wish to point out again that my first NOTICE OF CLAIM dated June 24, 2002, made against TORKILDSON, KATZ, FONSECA, JAFFE & MOORE, is a NEW CLAIM. As most Professional Liability Insurance policies are written on a “Claims Made” basis, I feel that it is extremely important that you promptly submit this claim to your INSURANCE COMPANY in accordance with the usual Claim Reporting provisions of these policies.
Your immediate reply to this correspondence will be greatly appreciated.
Very truly yours,
Bobby N. Harmon
cc: Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
220 South King Street, 19th Floor
Honolulu, HI 96813
Dr. Hamilton McCubbin, CEO
Kamehameha Schools
567 South King Street, Suite 200
Honolulu, HI 96813
Sandie Wicklein, Personnel Director
The Kamehameha Schools
1887 Makuakane Street
Honolulu, Hawaii 96817-1887
Janet S. Hughes, Mgr.
Employee Plans & Exempt Organizations
Internal Revenue Service
1244 Speer Blvd., Ste 442
Denver, CO 80204-3583
Ray Blanchard, Operations Mgr., AUR
Department of the Treasury
Internal Revenue Service
Ogden, UT 84201
Debra Sakai
Hawaii State Tax Collector
P.O. Box 259
Honolulu, HI 96809
Pension & Welfare Benefit Administration (& VIA fax @ (626) 229-1098)
U.S. Dept. of Labor, Los Angeles Regional Office
1055 E. Colorado Blvd., Suite 200
Pasadena, CA 91106-2341
P&C Insurance Company, Inc.
c/o Aon Insurance Managers
201 Merchant Street, Suite 2400
Honolulu, HI 96813
Marsh Management Services, Inc.
745 Fort Street, Suite 800
Honolulu, HI 96813
Kamehameha Activities Association
567 South King St., Suite 150
Honolulu, HI 96813
Arthur Andersen, LLP
737 Bishop St., Suite 2900
Honolulu, HI 96813
Miller & Chevalier
655 Fifteenth St., NW, Suite 900
Washington, DC 20005
PricewaterhouseCoopers LLP
1100 New York Ave., Suite 300E
Washington, DC 20005
Rush Moore Craven Sutton Morry & Beh
745 Fort St., 20th Floor, Hawaii Tower
Honolulu, HI 96813
Kukui, Inc.
6600 Kalanianaole Hwy.
Honolulu, HI 96825
T.M Kittredge, Esq.
Morgan, Lewis & Bockius
1701 Market Street
Philadelphia, PA 19103-2921
Marr, Hipp, Jones & Pepper
1001 Bishop St., Pauahi Tower, Suite 1500
Honolulu, Hawaii 96813
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