STOP THE HARKEY’S NOW
I URGE YOU TO WRITE THE STATE ATTORNEY GENERAL’S OFFICE SENDING SAME TO THE GOVERNOR AND THE NEWS MEDIA EVERYWHERE ESPECIALLY 60 MINUTES NEWS ATTENTION: STEVE KROFT AFTER READING THIS. LET THEM KNOW YOU HAVE BEEN VIOLATED. THE MORE COMPLAINTS, THE MORE PRIORITY. PLEASE PASS THIS ON TO OTHERS.
Many of you have been receiving communications from Dan Harkey about me. Until now, I had no way of responding. The same tactics being used against me have been used on other investors like Jerry Fisher.
I have investigated Dan Harkey since January of 2008. In the thousands of hours I have spent I’ve discovered he has been intentionally dishonest. He states in his DVD sales presentation there would be no management fees. It even says this on a sign on the back wall at his seminar, “NO MANAGEMENT FEES.” Then he plays stupid or thinks I’m stupid and asks not only for a management fee, but an increase in that fee. This is called misrepresentation, fraud and theft. Through the use of false promises and representations, Dan Harkey took in upwards of $ 1 Billion dollars from investors all of who trusted him including myself. I don’t want any of you to think I’m here to slander Dan Harkey. I’m not! I’ve never had that intention at all in any way. I’ve only wanted honesty from our transactions.
In 2004, Harkey told me at his office in San Juan Capistrano it was nearly impossible for me to loose my money stating we would have to have a nuclear bomb attack for me to loose my money, that it was well insulated by the loan to value ratios. But I understand the LTV’s are false. He also said 3-5% of my portfolio would go into foreclosure, but I would get my money back within 15-18 months. Harkey advised me in person and in writing to diversify my money, my life savings, in order to lower my risk. I followed his advice and instead, 100% of my portfolio, which consists of 6 fraction[al] deed investments, has gone in the hole and I haven’t gotten back my money as he represented I would. It’s been far past the 15-18 months as well.
Harkey told me of the extensive measures he took to select good borrowers, that he didn’t do 2nd trust deeds anymore because of peoples money he lost before. But I found all that to be a giant lie. In my view, this man is mentally sick. A pathological liar who stalks his victims praying on the elderly telling them anything to get their money. Did any of you realize this crime is national? I found in Deer Canyon Preserve in Utah, the property was fraudulently conveyed and there was no evidence I owed Harkey any money as he claimed. He opend the escrow for this property originally with First American Title and Escrow in Salt Lake. But to close the escrow, First American wanted proof of a Loan Policy, clear title for deceased investor Saul Izam, whose partner, Phyllis Morgan, needed to provide an affidavit and death certificate, a 100% vote, as required by Utah state law, [showing] all the investors wanted to sell, and a list of other requirements.
But instead, Harkey moved the escrow, which is not unheard of, to attorney John Hanlon who buffaloed the deal under the carpet breaking Utah law and wrongfully transacting the sale. Hanlon was dishonest with me and I believe he conspired for monetary gain [on] the sale of the property. I have confirmed from separate attorneys in the area that real estate ponzi schemes are abundant in this area of Utah. Though I wrote the State Bar and the Department of Insurance, both referred the matter to civil litigation(s). Both departments refused to investigate and evaluate the transaction.
Harkey quotes to you from my numerous letters such as the one sent to President Obama. But have any of you asked how Harkey got hold of my letter to the President and why it’s in his possession? How is it Harkey’s business to have this? I wrote Pat Bates, a Supervisor in Orange County. But instead she felt more inclined to give my communications to Dan Harkey. Her office is located at 333 West Santa Ana Blvd., Santa Ana, CA 92701. Don’t you think she should have done the right thing and tried to help or report it to law enforcement instead of aiding the Harkey’s? Do you think she should be working for the people?
To my fellow Estancia and Andalucia investors. Did you know a sale occurred at Estancia in 2008 between the developer and someone named Pappas? I never saw any money from that sale and Harkey never told me it took place. Even when we were in escrow for properties in the beginning, Gwen Melanson wrote to First American Title and Escrow claiming I was part of the LLC in order to obtain money that didn’t belong to Point Center. Did you know I signed the paperwork for the current sales long ago? Are you aware in no way have I ever asked at any time for my money to come from any of you? That’s right! I’ve never asked for it to come from investor proceeds. It is to come from Dan Harkey himself.
Did you know in 2008, I recommend[ed] a Commercial Coldwell Banker agent to market Andalucia? On 1-30-08 , I spoke to Coldwell Banker Commercial agent Michael Lynch, (760) 778-3430 out of their Palm Springs
I’ve asked for proof of fair market values in addition to other information since 2009 for my investments and I’ve asked for it for the current sales in Estancia and Andalucia. Harkey still has not provided this. His accomplice Jeffrey Benice, who hides behind the title of attorney specializes in criminal law if you check his website. In my survey of law firms, it is rare for an attorney to specialize in criminal and civil law. Now Jeff Benice is representing investors in a law suit Harkey originally filed through a Los Angeles law firm of whom refused to respond to me and First American's attorney. This law suit is against First American Title and Escrow for the Mi Arbolito project in Balboa Park, San Diego, CA. This would be under title law and I can tell you an attorney can not effective and specialize in so many complex areas of law. Purportedly Benice has received around $3,000,000 in legal fees of our money. These two would like all of you to believe everything is a result of the economy. But this has no relevancy to the situation. How do I know? I have a paper trail showing otherwise that has been presented to Harkey and Benice and Harkey sends what he sends to you because I am a threat to their con scheme.
Did you know Harkey has 3 CCW, (Carrying A Concealed Weapon) licenses for guns? If he was all that honest and a nice guy like he touts in his DVD, why would he need those? Dan Harkey could have said to me in 2008 in our March meeting something to the effect of ”I’m sorry you’re unhappy. I’m returning your principal and interest and I hope you’ll consider coming back to us in the future. We’d like to have you.” I would have been fine with that. But to his own detriment, Harkey chooses to create all this stress in his life and in others. He could have returned peoples money and still walked out the winner. But he didn’t think of that. In my business experience, that is what has happened with honest, good people. Harkey has had repeatedly many opportunities to act in good faith to me. But with the scourge of servants to the people coming to Diane Harkey’s side, it’s just a testimonial to what I believe is criminal conduct within the Orange County, CA government. Enough is enough!
Anyone like Harkey, Benice and their employees who get up every morning to destroy peoples lives and finances are not just inhuman, they are monsters and these people and their employees have to be stopped. Even Dan Harkey’s daughter Jaclyn works along side of him willingly. She knows the extent of the situation and fully participates to aid her father in what I believe are crimes against us all. I believe these people all know what they are doing.
But what is worse, is the very government I have been writing to for years have done nothing. Last week I discovered senior law enforcement officials like District Attorney Tony Rackauckas and Sheriff Sandra Hutchens actually support Diane Harkey in her political campaign. I have a giant problem with this because I believe this is a significant conflict of interest, not only for myself but for all of the other investors who were victimized by the Harkeys.
I wrote to Rackauckas in 2008. He wrote back, letter enclosed, stating he wasn’t taking a position on the matter. How can this be true when he acts as an honorary chair for a Diane Harkey political fund raiser? I filed a complaint with the sheriff’s department in 2009. Yet, Sheriff Hutchens also appears to supports Diane Harkey as an honorary chair in her current political quest for Board of Equalization. These people might say there is no proof Diane Harkey is participating in a crime. But if those responsible for law enforcement refuse to investigate a crime and later support the very people committing it, isn't it reasonable to assume they have conspired. This is just why you must act after reading this.
Out of morality and a duty to protect we, the people, these two and the others shown on Diane Harkey’s 'Honorary Chairs' list have no business politically supporting someone who is under scrutiny for enriching herself and her campaign at the expense of so many victims of her husband. If it were me I would arrest these individuals for criminal support, remove them from their offices, and hold them accountable financially.
Did any of you know I’m the one who got the investigations open with the Securites and Exchange Commission only to later be lied to repeatedly by investigator Carol Lally and other employees? Did you know I got the file opened with the FBI? Unfortunately investigator Nora Quintana of the Santa Ana, CA office demonstrated not only was she a new comer, but lacks necessary skills for this level of crime. These people were dishonest to me.
The conflict here is Dan Harkey. A con man who is so dishonest aided and abetted by his daughter Jaclyn, his attorneys Jeff Benice, Vernon Alan Bergfeld, the employees of Point Center Financial and now as of last week, District Attorney Tony Rackaukas and Sheriff Sandra Hitchenson of Orange County. In 2008 and 2009, I filed complaints with both the DA’s office and the Sherriff’s office. Toney Rackaukas stated in his letter to me I’ve posted here he wasn’t taking a position on the matter. The Sheriff’s office ran me in circles, refused at first to allow me to file a complaint and finally after a year I drove all the way to them to do so only to have it covered up and closed. Now I can see why. By supporting Diane Harkey, both these individuals have created a conflict of, by and for the people which mandates their arrest and expulsion from office. These are serious charges and they participate in serious crimes. They are suppose to take a neutral position as public servants. But the fact they both and other government individuals support Diane Harkey as she is named in our law suit regardless and because she is married to Dan Harkey, presents itself in a light that violates the basic of basic principals.
What can you do? Write the State Attorney General’s office and Steve Kroft of 60 Minutes. Write Fox News to expose all these people. It is outrageous we have been treated like this.
I can tell you in the thousands of hours I have spent investigating this since January 2008, Dan Harkey is a dishonest above and beyond any defense he could possibly make. He strikes me as an indivigual who is mentally ill in need of treatment because he can’t even recognize the benefit I provide him as I have many times before, in returning my principal and interest.
YOU MUST ACT NOW! STOP DIANE HARKEY FROM BEING ELECTED. STOP THIS FAMILY OF VIOLATORS, THEIR EMPLOYEES AND ATTORNEYS FROM HURTING OTHER PEOPLE.
PLEASE CALL AND WRITE:
Office of the Attorney General
PO BOX 944255, Sacramento, CA
94244-2550
1-800-952-5225
60 Minutes News
c/o Steve Kroft & Alison Saltstein (assistant)
Dan Harkey resides at:
Harkey’s former in house attorney who helped for years:
Vernon Alan Bergfeld
19271 Jasper Hill Rd.
Trabuco Canyon, CA 92679
949-709-8567
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