Corruption in Hawaii: Greg Wongham and Eric - Whistleblowers shows Mega Fraud, Corruption in Hawaii - Part 2 - Forum

In 1992, the Trust invested approximately $31 million in Mid Ocean, Ltd. (Mid Ocean), a Bermuda-based insurance company, and acquired 310,000 Mid Ocean Class A shares. . . . In 1993, when Matsuo Takabuki retired as a Trustee of the Trust, Peters succeeded to Takabuki’s seat as a director of Mid Ocean. . . . Peters served as a Mid Ocean director until early 1998. . . . Peters’ service as a Mid Ocean director fell within his duties as Trustee and was a Trust opportunity. . . . While a director of Mid Ocean, Peters received substantial director’s fees and received options to acquire 6,000 shares of Mid Ocean stock. . . . The Mid Ocean fees and stock options are assets that belong to the Trust and not to Peters individually. . . . Peters has enriched himself at the expense of the Beneficiaries by retaining the fees and stock options for his personal benefit. (Note: Marsh & McLennan, and its subsidiary, Guy Carpenter, were major players in the creation and management of Mid-Ocean.)…

* * *

From Honolulu Star-Bulletin, 4/14/99, by Rick Daysog:

EMBATTLED EMPIRE . . . Larry Landry, former chief financial officer for the $4 billion John D. and Catherine T. MacArthur Foundation, which is a co-investor with the estate in a Boston-based investment fund and a Florida apartment complex, describes Peters as a savvy and thorough investment manager. . . . Deal promoters often approach large foundations and charitable trusts thinking they have deep pockets. But Peters brings a healthy skepticism to anyone who brings an investment to the estate, according to Landry….

“Henry is extremely bright and has the right kind of conservative (investment) philosophy,” said Landry, who now serves as CEO of Florida-based Westport Realty Advisers….

In his review of the estate’s 1994-1996 accounts, court-appointed master Colbert Matsumoto and the accounting firm of Arthur Andersen said the estate — during Peters’ tenure as acting asset manager — generated an embarrassing return on investment of minus 1%. During that period, the trust set aside more than $240 million in reserve for future losses….

That woeful performance came as Wall Street was in the midst of a record bull run in which investors could have made double-digit returns just by putting their money in an index fund…

Peters, charges stand out in lengthy Bishop Estate investigation. The state’s exhaustive investigation into the Bishop Estate appears to focus on trustee Henry Peters as a central figure in the two-year controversy that’s rocked the multibillion-dollar charitable trust….

In a September Probate Court petition to permanently remove several trustees, Attorney General Margery Bronster alleged that Peters took part in repeated acts of self-dealing and mismanagement. The state’s charges include: … Between 1993 and 1998, Peters received options to acquire 6,000 shares of stock as well as substantial director’s fees from a Bermuda-based insurance company, Mid Ocean Ltd. The estate was a big investor in Mid Ocean. Peters has since declined to exercise the stock options, which would have been worth more that $400,000 under Mid Oceans’s 1993 merger with competitor Exel Ltd. [another Marsh & McLennan financial venture]….

Peters directed trust managers and the estate’s former Royal Hawaiian Shopping Center subsidiary to hire his friends and relatives for unbudgeted positions and outside consulting work, according to the state. The employees included former state Rep. Terrance Tom, local attorney Albert Jeremiah and Office of Hawaiian Affairs trustee and former state Sen. Clayton Hee…

Starting in 1995, a company headed by Peters’ nephew received more than $1.3 million in nonbid and subcontracting work from the estate. . . . The company, Rhino Roofing, conducted renovation work on Peters’ Maili home….

Since 1995, Peters’ former employer, Dura Constructors Inc., received more that $2.7 million in nonbid work from the estate. . . . In one case, Dura billed the estate $465,000 to build an athletic locker room at Kamehameha Schools that was later deemed unsafe for student use. The trust would up correcting the building deficiencies itself and did not pursue Dura for the faulty work. Dura also conducted work on Peters’ Maili home….

Along with his fellow trustees, Peters received compensation well above that of comparable organizations. In 1997, each trustee earned about $840,000 in commissions.

Peters and fellow trustees also spent more than $900,000 of trust money to lobby Congress against the passage of federal legislation limiting salaries for board members of charitable trusts….

* * *

Reporter Sally Apgar, in the 02/18/00 edition of The Honolulu Advertiser, revealed that the ousted Bishop Estate trustees used the trust money to “enlist” the aid of U. S. Sens. Dan Inouye and Daniel Akaka in 1995 to influence fellow members of Congress to vote against “interim sanctions” regulations that threatened the trustee’s $1 million-a-year paychecks.

According to Apgar:

Thirteen confidential memos during the fall of 1995 through April 1996 detail the trustees’ strategy against the bill . . .

The memos express the trustees’ intent “to kill the measure” and their recruitment of influential contacts such as Inouye, Akaka and the Rev. Jesse Jackson. They also targeted others, including Sen. Daniel Patrick Moynahan of New York and even White House insiders such as Leon Panetta, then President Clinton’s chief of staff, to win support. . . .

The memos give a glimpse of the behind-the-scenes political power and influence the former trustees once wielded and describe a costly, intensive effort to protect their interests.

As previously reported, the ousted trustees hired former Gov. John Waihee and his Washington, D.C.-based law firm Verner Liipfert Bernhard McPhearson Hand to lobby against the federal legislation… Other Verner firm members enlisted in the effort included former Treasury Secretary Lloyd Bentsen of Texas, former Senate Majority Leader George Mitchell of Maine and former Texas Gov. Ann Richards….

The state Attorney General’s Office has said previously that the trust paid the firm more than $900,000 for its lobbying efforts on intermediate sanctions legislation between 1995 and 1998.

Waihee alone was in charge of swaying Erskine Bowles, then assistant to the president and deputy chief of staff, and Doug Sosnick, then assistant to the president and director of political affairs….

Mark McConaghy of PriceWaterhouseCoopers LLP, a longtime tax adviser to the trust, was charged with contacting Leslie Samuels, then assistant secretary for tax policy….

Congressman Neil Abercrombie (D-HI) is also mentioned in the memos. For example, the Oct. 12 memo said, “Congressman Abercrombie is prepared to speak to Rep. Gibbons, the ranking minority member, Charles B. Rangel (D-NY) and Andrew Jacobs, Jr. (D-Ind) as well as GOP Rep. Nancy Johnson….

* * *

Honolulu Star-Bulletin, 5/21/99, by Rick Daysog:

It is alleged that trustees Peters and Wong
helped conceal $350 million

Two weeks after a state judge temporarily removed four of the five trustees of the Bishop Estate, the state attorney general’s office today filed court papers in a separate proceeding spelling out why trustees Henry Peters and Richard “Dickie” Wong should be temporarily ousted from their $1 million-a-year jobs. . . . In an 89-page proposed findings of fact, Deputy Attorney General Hugh Jones argued that Peters and Wong helped conceal $350 million in trust income that should have been spent on the estate-run Kamehameha Schools, paid themselves $131,000 more than they were entitled to and failed to adopt strict conflict-of-interest policies at the trust….

The result of these actions deprived scores of native Hawaiian children of an education at the Kamehameha Schools, Jones said. . . .

Replies