Bobby N. Harmon, CPCU, ARM
10951 Southgate Manor Drive, Apt. #4 Tel & Fax No. (502) 964-0694
Louisville, Kentucky 40229-1655
October 4, 2004
VIA fax only @ (808) 521-0597
Susan Tius, Esq.
Rush Moore Craven Sutton Morry & Beh
745 Fort Street
Hawaii Tower, 20th Floor
Honolulu, HI 96813
RE: Notice of Claim Against Susan Tius and Rush Moore Craven Sutton Morry & Beh
Ref. Harmon Ch. 7 Bankruptcy Case No 99-04339
Dear Ms. Tius:
This is a follow-up to my first Notice of Claim Letter dated December 12, 2003, in which I stated:
“This is a Notice of Claim against you and the law firm referenced above for racketeering, tax fraud, mail fraud, wire fraud, conspiracy to commit fraud, breach of attorney-client privilege, conflicts of interests, obstruction of justice, and other wrongful acts.
“As evidence attesting to the truthfulness of these allegations, I am providing you a copy of Bradley R. Tamm’s facsimile dated April 6, 2002, addressed to you, Steven Guttman, and Matt Tsukazaki. In this communication, Mr. Tamm attached a copy of my letter to Gregory T. Dunn dated March 30, 2002, and stated:
‘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.”
“I request that you promptly report this claim to your insurance carrier, and ask that their authorized Claims Adjuster contact me as soon as possible for further information.”
As I have not yet been contacted by your insurance carrier, or their independent Claims Adjuster, I am sending this newly disclosed information arising from the referenced Arbitration hearings to your attention. This information is contained in the Declaration of Steven Guttman in Support of Claimant’s Request for Attorneys’ Fees and Costs, dated September 2, 2004. In this lengthy document, there are many entries pertaining to direct contacts between Steven Guttman, Bradley Tamm, Matt Tsukazaki, and Susan Tius, which gives further evidence of conspiracy to defraud the estate for personal enrichment.
As examples, I refer you to the following entries in Steven Guttman’s time sheets:
04/09/03
SG STATUS CONFERENCE W/ ATTY TIUS; EMAIL W/ ATTY TSUKAZAKI RE MEDIATION STATUS
08/14/03
WI LTR TO ATTY TAMM
09/26/03
SG E-MAIL TO ATTY TAMM RE WITNESS LIST
10/14/03
SG REVIEW BNH LTR TO ROBERT TAMELER & ATTY LIABILITY PROTECTION SOCIETY
10/16/03
SG CONF. W/ATTY. TAMM RE ARBITRATION
SG TC FROM ATTY PETER OLSEN RE TAMM REPRESENTATION
10/17/03
SDF PREP FX TO P. OLSON RE CLAIM SUBMITTAL TO ARB & RESP WITNESS LIST.
10/22/03
SG REVIEW LTR FROM BNH RE ARBITRATION; WEB PAGE REVIEW COORDINATION; TC FROM ATTY TIUS RE ARBITRATION
11/06/03
SG TC FROM ATTY OLSON RE ARBITRATION /TAMM TESTIMONY
11/18/03
WI TCS WITH ATTY OLSON RE ARBITRATION
11/19/03
WI RVW LTR FROM ATTY OLSON & MEMO TO SG RE SAME
11/20/03
SG REVIEW LTR FROM ATTY OLSON RE TAMM TESTIMONY
12/12/03
WI RVW LTR RE ALLEGED WRONGDOING & MEMO TO SG
SG REVIEW BNH LTR RE CLAIM NOTICE.
04/30/04
WI COMPILE ENCLS & DRAFT LTR TO BRAD TAMM’S ATTORNEY
SG TC TO ATTY MT [MATT TSUKAZAKI] RE DIRECT WRITTEN TESTIMONY (L/M)
SG OUTLINE/REVIEW LTR TO ATTY OLSON RE TAMM TESTIMONY
05/03/04
WI RVS/FIN/PROCESS LTR TO ATTY TSUKAZAKI RE CASE STATUS
SG REVIEW LTR TO ATTY OLSON RE TAMM TESTIMONY; OUTLINE MTN LIMINE
SG TC W/ATTY MT RE WITNESSES.
05/10/04
SG TC FROM ATTY OLSON RE TAMM TESTIMONY
06/09/04
SG TCs W/ATTY OLSON RE TAMM TESTIMONY
SG TC FROM ATTY MT RE ARBITRATOR’S RULING
06/10/04
WI MEMO TO ATTY TAMM RE ARB DEMAND & WEBSITE DATA
SG TC TO BRAD TAMM RE ARBITRATION; TC W/ATTY TIUS RE ARBITRATION ISSUES
SG TC FROM ATTY OLSON RE TAMM TESTIMONY
06/11/04
SG MTG W/TAMM RE SUBPOENED TESTIMONY; REVIEW ARBITRATOR LTR RE ACCESS TO ARBITRATION
06/14/04
SG TC W/PETER OLSON RE TAMM TESTIMONY
06/18/04
WI MEMOS TO ATTYS MT & ST [SUSAN TIUS] RE ORDER & BH LTR
SG REVIEW MT E-MAIL RE BNH COMMUNICATIONS
06/21/04
WI RVW BH LTR RE CLAIM NOTICE
WI MEMOS TO ATTY MT & TRUSTEE RE BH DISPUTE LETTER
SG REVIEW ATTY MT E-MAIL RE BNH LTR
SG REVIEW BNH LTR RE CLAIM NOTICE
SG REVIEW BNH 13 PAGE LTR RE ARBITRATION ORDER
06/28/04
WI RVW ST MEMO TO ATTY MT RE INTERIM ORDER ENFORCE
06/29/04
WI MEMO TO ATTYS ST [SUSAN TIUS], MT [MATT TSUKAZAKI] & TRUSTEE RE 6/28 ORDER
SG TC W/ATTY TIUS RE ARBITRATOR ORDERS
SG E-MAIL TO ATTY MT RE ARBITRATOR ORDERS
07/08/04
SG TC TO ATTY MT RE STATUS
07/12/04
SG E-MAIL TO ATTY MT RE ARBITRATION DOCS
07/13/04
WI RVW ST & MT MEMOS RE ARB PLDGS
SG TC FROM ATTY MT RE FFICL.
SG TC FROM CLIENT RE STATUS; REVIEW PRICEWATERHOUSE LTR RE LEGAL COUNSEL
Although the brief entries of Steven Guttman do not disclose what was discussed in these communications, I maintain that the fact there were direct, undisclosed contacts among these parties provides clear evidence of collusion among the attorneys Bradley Tamm, Steven Guttman, Susan Tius and Matt Tsukazaki in this case.
I have already indicated to certain other parties against whom I have separate outstanding claims, that I would be willing to attempt to negotiate a global settlement with all parties involved in this matter. I would be willing to include you and Rush, Moore, Craven, Sutton, Morry & Bey in these proposed global settlement negotiations. More information regarding these separate claims can be found at:
www.the-catbird-seat.net/Claims-By-Harmon.htm
Please feel free to contact me if you have any questions or comments. Your prompt response to this letter will be appreciated.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
cc’s: Dee Jay Mailer, CEO, Kamehameha Schools
(via fax only @ 808-523-6313)
Mary Lou Woo, Trustee, c/o Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
(via fax @ 808-529-7177)
James B. Farris, Senior Case Manager, American Arbitration Association
(via fax @ 559-490-1919)
This is a leaf from
~ ~ ~
To go to the top of the tree