Bobby N. Harmon, CPCU, ARM
10951 Southgate Manor Dr. #4 Tel No. (502) 964-0694
Louisville, Kentucky 40229-1651
July 15, 2002
VIA fax @ (215) 963-5299 & U.S. Postal Services
T. M. Kittredge
Morgan, Lewis & Bockius
1701 Market Street
Philadelphia, PA 19103-2921
RE: Notice of Claim Against Morgan Lewis & Bockius, et al.
Dear Mr. Kittredge:
Thank you for your letter dated June 28, 2002.
This claim is for alleged fraud, conspiracy to commit fraud, racketeering and other wrongful acts. These acts arose out of the “Morgan, Lewis & Bockius Report” which was commissioned by the interim trustees of Kamehameha Schools/Bishop Estate at a reported cost of $500,000.
As I was one of the “insiders” interviewed for this report, I contend the final report was biased, incomplete and fraudulent. There are a number of omissions of critical information that I provided to the interviewer from Miller & Chevalier and in my letter to Dr. Hamilton McCubbin, CEO, Kamehameha Schools, dated July 26, 2000. Additional details can be found in my letters to Dr. McCubbin dated May 15, 2002; May 23, 2002; May 28, 2002; May 29, 2002; June 5, 2002; and June 14, 2002, copies of which I am providing to you with this letter.
It is my contention that Morgan, Lewis & Bockius, in collusion with the interim Trustees, Miller & Chevalier, Mark McConaghy (PricewaterhouseCoopers), Gilbert Ishikawa, Nathan Aipa, Colleen Wong, Louanne Kam and others, conspired to deliberately discredit many of the findings of Robert Richards (the court-appointed Special Master) in order to get the lawyers, insurance companies and other racketeers “off-the-hook” and to enable them to continue the “cover-up” of illegal activities at the Estate.
Included in the “Richards’ Report” were the statements:
“In January 1998, Cades Schutte Fleming & Wright began work with reference to the IRS audit. There is no applicable trustee minute authorization or retention letter, but we do know from later correspondence to Miller & Chevalier that, pursuant to the instructions of the trustees, Michael Hare was to act as ‘local contact/counsel’ with reference to the audit. During the pendency of this action the firm billed ... $735,605.19 Total. ... This Master does not recommend surcharging the entire amount. ... The remaining sum, $511,609.94, is, however surcharged to all trustees, jointly and severally.”...
“Randy Roth was one of the authors of the Broken Trust article which criticized the actions of the trustees. In August (1997) his ‘claims were investigated.’ Then the claims of employee (Bobby) Harmon, who also criticized trustee conduct, were investigated.”
“Senior Federal Judge Sam King was also one of the authors of Broken Trust. In what can only be described as chilling and wholly inappropriate legal work, the firm spent 16 hours researching and drafting a memo ‘limits on freedom of federal judge regarding public statements on social issues and conclusions of law.’ This best illustrates the conclusion of this Master that no stone would be left unturned by the trustees in attempting to silence or at least discredit their critics. To charge the trust for such legal work is outrageous!” . . .
“This firm researched the issues of remedies in the event Mr. Harmon spoke about the conduct of trustees, in violation of the injunction gotten against him. What was the benefit to the trust? It is clear what the benefit to the trustees was, hope that employees would be silenced by fear of reprisal.”
< END OF QUOTE >
It is my belief that the omission of critical information in the “Morgan, Lewis & Bockius Report” was deliberate and that this constituted fraud, conspiracy to commit fraud and racketeering. Because of this false report, I contend that I suffered loss of reputation, loss of business opportunity, severe mental anguish and other damages in an amount exceeding one million dollars. My wife, Theresa Z. Harmon, has also suffered severe emotional distress arising from this fraud and deception.
I hope that this is sufficient response to your request for additional information. There are literally thousands of other documents relating to this case; however, I am unable to provide physical copies at this time due to the cost of reproducing them. As this case has been widely discussed in the media and on the internet, if you or your insurance company require additional information I would suggest the following websites: www.thecatbirdseat.net and www.starbulletin.com.
I trust that this information will be sufficient for you to report this claim to your insurance carrier(s). I would request that you have them verify receipt of this claim no later than July 23, 2002.
Thank you for your co-operation.
Very truly yours,
Bobby N. Harmon
enclosures (via fax only)
cc (w/o encls.):
Dr. Hamilton McCubbin, CEO
Kamehameha Schools
567 South King Street, Suite 200
Honolulu, HI 96813
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