Bobby N. Harmon, CPCU, ARM
September 18, 2004
VIA fax only @ 808-523-6001
Mr. Matt Tsukazaki, Esq.
Torkildson, Katz, Fonseca, Moore & Hetherington
700 Bishop Street, 18th Floor
Honolulu, HI 96813-4187
RE: Notice of Claim Against Robert Katz, Matt Tsukazaki, and Torkildson, Katz, Fonseca, Moore & Hetherington, LLC
Dear Mr. Tsukazaki:
Based upon new evidence disclosed in Arbitration Case No. 74 166 00491 03 JAFA, Mary Lou Woo vs. Bobby N. Harmon, I am hereby advising you of new counts of fraud, conspiracy to commit fraud, racketeering, and other wrongful acts involving the claims that I previously reported to your firm in my letters dated June 24, 2002; July 6, 2002; August 3, 2002; August 10, 2002; November 4, 2002; January 8, 2003; August 13, 2003; December 12, 2003; and June 17, 2004. For your information, your professional liability insurance carrier has never responded to any of my Notice of Claim letters. As a consequence, I find it necessary to continue to send new information to your attention rather than to your insurance company.
The new information to which I refer is contained in Steven Guttman’s Declaration in Support of Claimant’s Request for Fees and Costs, received on September 2, 2004. A large percentage of the total charges in this billing resulted from conferences, telephone calls, and e-mails between you and Trustee’s attorney, Steven Guttman, Esq., of Kessner, Duca, Umebayashi, Bain & Matsunaga. There are also listed conferences between Guttman’s office and John Mullen & Co., the independent claims adjuster for your purported client in this case, P&C Insurance Company, Inc.
For only one example, among many, I quote the following entry in Mr. Guttman’s time-sheets which were attached as Exhibit A to his Declaration:
02/26/04
WI RVW LTRS FROM ATTYS TSUKAZAKI & LIBKUMAN
SG TC FROM ATTY RINA STONE RE JOHN MULLEN
SG REVIEW LIBKUMAN LTR (.10); TC FROM ATTY MT RE ARBITRATION ISSUES (.30)
Ronald Dale Libkuman, Esq. has the following factual connections to this claim:
> Ronald Libkuman was one of the interim trustees for Kamehameha Schools/Bishop Estate during my RICO lawsuit; was serving at the time the Settlement Agreement was signed; and may have been one of the unidentified signatories to that Agreement;
> Ronald Libkuman was the recipient of several letters in my so-called “letter-writing campaign” which was an issue in this arbitration;
> Ronald Libkuman has been named in my Claims Letters, an example of which can be found at: www.the-catbird-seat.net/Claim-KAA-7-30-2.htm;
> A short biography on KSBE’s website (1999) stated: “For the last eight years, Libkuman has been acting as an arbitrator or mediator in all types of legal disputes,” suggesting a possible connection with the American Arbitration Association and/or the arbitrator Judith Neustadter Fuqua.
> Ronald Libkuman was one of Respondent’s named Witnesses on the date of Steven Guttman’s review of his letter and the telephone call from Attorney Matt Tsukazaki regarding this arbitration.
While the brief notes in Steven Guttman’s time sheets do not disclose any details of the letters from you and Ronald Libkuman, I maintain that the simple fact that you and Ronald Libkuman had direct, undisclosed contact with Steven Guttman to discuss matters relating to the arbitration, is a severe breach of ethics and further evidence that the secret settlement negotiations your office, Kamehameha Schools, P&C Insurance Co., and others, in my bankruptcy case were a part of a vast conspiracy to deceive and defraud the bankruptcy estate.
In other words, the fraud and racketeering activities involving KSBE and P&C, their outside attorneys and independent contractors, that I first revealed to various regulatory and law enforcement authorities in 1996 and 1997, and the attempts to coverup these wrongful activities, have continued to this date.
To resolve these long-outstanding claims against you and your firm, I request that you promptly forward this letter to your professional liability insurance carrier for their immediate response. I will provide them more information and documentation regarding these claims as soon as I am contacted by their authorized claims representative.
If your firm, and/or your insurance carrier, would prefer to join with other entities against which I have similar claims outstanding, I suggest that you contact Kamehameha Schools or P&C Insurance Company to discuss the possibilities for negotiating a global settlement with all parties. I have already written to these two entities suggesting this course of action.
Thank you for your cooperation in this matter.
Sincerely,
Bobby N. Harmon
cc’s: Robert Kihune, Douglas Ing, Constance Lau, Diane Plotts, Nainoa Thompson,
Trustees of Kamehameha Schools
(via fax only @ 808-523-6313)
Robert Kihune, Ronald Libkuman, Constance Lau, David Coon, Francis Keala, Interim Trustees of Kamehameha Schools, c/o Sidney K. Ayabe, Esq., Ayabe Chong Nishimoto Sia & Nakamura
(via fax only @ 808-526-3491)
Gerard Jervis, Lokelani Lindsey, Henry Peters, Oswald Stender, and Richard Wong, former Trustees of Kamehameha Schools Bishop Estate
c/o Kenneth Hipp, Esq., Marr Hipp Jones & Pepper
(via fax only @ 808-536-6700)
Dee Jay Mailer, CEO, Kamehameha Schools
(via fax only @ 808-523-6313)
President, P&C Insurance Co., Inc.
(via fax only @ 808-523-6313)
Casimer Fidele, Island Insurance Company
(via fax only @ 808-539-9738)
Mary Lou Woo, c/o Steven Guttman, Kessner Duca Umebayashi, et al.
(via fax only @ 808-529-7177)
James B. Farris, Senior Case Manager, American Arbitration Association
(via fax only @ 559-490-1919)
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