Does the mysterious Larry Harmon actually exist?

That question remains unresolved following a hearing yesterday morning at the Department of Commerce and Consumer Affairs. The hearing was to consider a complaint by the Hawaii Venture Capital Association that a new group formed during last year’s gubernatorial campaign used a confusingly similar name, Venture Capital Association of Hawaii.

During last year’s Democratic primary, the long-established Hawaii Venture Capital Association (HVCA) endorsed Neil Abercrombie. Soon afterwards, a new group calling itself the Venture Capital Association of Hawaii (VCAH) announced that it was endorsing Abercrombie’s main opponent, Honolulu Mayor Mufi Hannemann. The original group cried foul, alleging that the name of the new group was too similar to its own and was meant to confuse the public.

HVCA later filed a formal complaint asking the state to deny the new group’s use of the name because it was too similar to theirs.

The Articles of Incorporation filed by the new group listed “Larry Harmon” as its sole incorporator.

Attorney Jay Fidell, representing HVCA, said he has been unable to find any independent evidence that “Larry Harmon” really exists, despite the work of two private detectives. The questions about Harmon were expected to be considered during yesterday’s hearing.

But the new group’s attorney, Mark Mukai, derailed the proceedings by distributing copies a name change, dated January 7, to “Venture Capital Society of Hawaii.”

Mukai also objected to subpoenas issued by Fidell, including one addressed to Harmon and served at the address listed on the group’s business registration, saying they were issued too late.

“I spoke with Larry Harmon this morning,” Mukai told Hearing Officer Sheryl Lee Nagata. “He said he was not served with a subpoena.”

Mukai then asked Nagata to dismiss the complaint because the name change makes the issue moot.

However, Mukai said he wanted to be able to submit his own list of witnesses if the case goes forward.

“It seems this is some kind of a political thing,” Mukai said, indicating his witness list would include Governor Abercrombie, Duke Aiona, “and parties such as that.”

Fidell responded that having just received the name change, he had not yet been able to fully evaluate the issues.

“I question this document,” Fidell said. “I’m not sure it is a legitimate document.”

Fidell pointed out the name change was signed only by Mukai on behalf of the new group, using the title of “secretary”. However, Fidell noted, no documents are on record to indicate that anyone other than Harmon is authorized to act on behalf of the group. And Harmon can’t be found.

“The public record doesn’t indicate anyone is there,” Fidell said. Clearly, Fidell believes “Larry Harmon” is a fiction and wants an opportunity to pursue the issue by pressing this complaint. However, Fidell said he would also consider amending his complaint in light of the newly-filed name change.

Following a brief discussion, Nagata denied the motion to dismiss the complaint, although she indicated being “inclined” towards agreeing that the issue is moot. She set another hearing for March 9, but encouraged Fidell to file a new complaint if he wanted to pursue issues apart from the use of the “Venture Capital Association of Hawaii” name.

Before the hearing ended, Mukai turned to Fidell.

“You won your case, buddy. You should be happy,” Mukai said sarcastically. “How could it (the case) not be over? It’s a great victory for you.”

Following the hearing, Mukai declined to respond to questions about Harmon.

“I said on the record that I spoke to him this morning,” Mukai said, declining further comment.

When Fidell persisted in asking his own questions about Harmon, Mukai turned and warned: “If you keep pushing it…it’s really not in your best long-term interest to keep pushing it.”

When Fidell questioned the apparent threat, Mukai added:”You’re going to look stupid, that’s what it means.”