May 4, 1998: Phil
Harmon Sentenced to Serve Eight Years, Pay $16 Million; Prosecutors Promise
More Indictments
An Update by Chuck Fager
Seattle, Washington -- Phil Harmon was sentenced in a Seattle
federal court on May 4, 1998. As expected, he received eight years in prison.
In addition, the court ordered him to pay $16 million in restitution to
the 230 victims of his investment fraud. Prosecutors said they would ask
later for an additional restitution order for the 300-plus victims of Harmon's
failed National Friends Insurance Trust.
Harmon was released on bail after the sentencing hearing, to await word
from the federal Bureau of Prisons as to when to begin his sentence. Justice
Department sources told A Friendly Letter that Harmon has been ordered
to report to prison on July 2.
Some of Harmon's victims have been outspoken in their reactions to their
losses.
"I knew him through church," said Tex Kazda, who lost his
$119,000 IRA. "He seemed honest and smart, and had lots of assets
and a happy family."
"He was a pillar in the church and the community," Joy Getty
agreed. "He was a success." Getty and her husband lost $133,000.
"I thought he was a good Christian man," said another woman
victim.
Two years ago, Harmon was an honored evangelical Quaker businessman
with a seemingly thriving investment and insurance business empire centered
in Camano, Washington, north of Seattle.
Today, Harmon is counting down the days until July 2, when he will enter
a federal prison, to begin serving an eight-year sentence for conspiracy
and tax fraud. His businesses have crumbled, and in their place Harmon
faces, besides jail, a court order to repay $16 million dollars to his
investors, a debt he will likely never be able to repay.
Behind this utter reversal lies what Seattle federal prosecutor Steve
Schroeder called one of the biggest Ponzi schemes he had seen in two decades
as a white-collar crime fighter.
The fraud was big in terms of dollars -- final figures are not yet available,
but investigators told the court that the total was between twenty and
forty million dollars, and closer to forty.
It was also large in terms of the number of victims: 230 mostly elderly
investors, many of them widows, lost their retirement nest eggs; and three
hundred-plus more were abruptly left without health insurance and stuck
with the tab for hundreds of thousands of dollars in unpaid doctor bills.
Harmon's fraud is further distinguished by the fact that almost all
of it involved members of two churches Harmon belonged to. One group was
the Evangelical Quaker or Friends churches. The other was an independent
congregation, the Camano Chapel, which Harmon and his family attended because
there was not a Quaker congregation nearby. The chapel's pastor and its
school building fund were among the local victims.
Prosecutors explained that Harmon's Ponzi scheme was atypical. "It's
a tragic case," says Schroeder. "In most Ponzi schemes, the victims
have some larceny in their hearts too, because they're promised unreasonably
high returns. But Harmon didn't promise his investors outlandish returns,
just a few points higher than more conventional stocks or funds. So his
investors thought they were being reasonable and prudent."
But they weren't, really. Harmon's "investments" may have
sounded reasonable, but there was nothing behind them. Instead of providing
solid information, Harmon exploited the personal contacts among the evangelical
Quakers he had grown up with. This playing on trust in one of their own
is the hallmark of what investigators call "affinity group crime."
Among Harmon's victims were his own brother Howard, formerly Superintendent
of Northwest Yearly Meeting, his sister, and his son-in-law's widowed mother,
Norma Beebe.
"The hardest thing," says Norma Beebe of Eugene, Oregon, "has
been to recognize that such a trust could have been broken in Christian
circles." Beebe's late husband Richard was the Presiding Clerk of
Northwest Yearly Meeting for sixteen years. After his death in 1989, George
Fox College named a building after him. Then Phil Harmon moved in and took
her widow's legacy; she lost $135,000.
When an investor wanted a payment, Harmon used funds from later investors,
in classic Ponzi fashion. The same was true of his insurance program, the
National Friends Insurance Trust: medical claims were paid late, falsely,
or not at all, as Harmon ripped off insurance companies as well as subscribers.
In the meantime, Harmon and his family were living high: He bought a
mansion overlooking Puget Sound, acquired beachfront condos in Maui, dozens
of other properties, a 53-foot yacht, and scores of antique autos.
Contributions to church groups earned Harmon seats on the board of George
Fox University and other institutions where he could keep potential critics
at bay. When Quaker superintendents asked questions, he stalled some, charmed
others with opulent dinners, yacht cruises and bald-faced lies, and even
put a couple on his payroll.
Investigators charged that Harmon had been defrauding investors and
health plan subscribers since the mid-1980s, taking in millions and shuffling
the money among an ever-expanding network of shell companies. When state
investigators began looking into his business practices, they quickly realized
there was more involved than they could handle and went to the feds. Ultimately
a multi-agency task force was set up, involving the FBI, the Justice and
Labor Departments and the IRS, along with state insurance and investment
investigators. The probe was also given its own code name: Operation Island
Scam.
Harmon was arrested in March of 1997, and pled guilty to conspiracy
and tax fraud last October 31.
At the sentencing hearing May 4, victims denounced Harmon and the damage
his thefts had done to their retirement hopes. Other victims had already
said their piece. Esther Hardinger is one of them.
A retired schoolteacher and a widow from Coldwater, Kansas, Esther Hardinger
invested with Harmon after her husband's death. She put in her entire savings,
$40,663.48. "Because of him," she said, "I lost my financial
security."
Hardinger spoke last November in Washington DC. She was part of a press
conference staged by the North American Securities Administrators Association,
dealing with "affinity group fraud".
Beside Hardinger at the conference stood another widow, her sister,
Lois Hutson, of Wichita. Hutson said:
"My husband, who was a minister for 46 years, passed away suddenly
in 1992 and left me $100,000 to live on for the rest of my life. I invested
my monies with a man who was part of my church organization and he is now
being prosecuted for fraud. And I can only hope to get back a tiny percentage
of my original $95,000."
Prosecutor Schroeder said that the case is not over with Harmon's impending
departure for prison. Harmon's son Steve, and son-in-law Terrill Beebe
both worked closely with Phil Harmon in the business, and both were named
as co-conspirators. Schroeder has said they will likely be indicted as
well, along with several others he declined to identify.
Much speculation has centered on who else would be charged. During the
sentencing hearing, Harmon's federal defender, Paula Deutch, stated that
one of those to be indicted would be Maurice Roberts, the former Superintendent
of Mid-America Yearly Meeting, who was hired by Harmon in 1995 after being
fired by Mid-America in the wake of the Productions Plus fruad.
In an interview after the hearing with A Friendly Letter, Schroeder,
who is in charge of the ongoing criminal investigation, confirmed that
that defender Deutch had made that statement about Roberts, but declined
to confirm that such an indictment was coming.
Other U.S. Attorneys have pledged to file negligence suits against insurance
companies that did business with Harmon, in an effort to recoup some of
the victims' losses. A group of Harmon victims has already filed a class-
action suit with the same end in view.
[This post is part of a detailed report on the activities of Productions
Plus, particularly among Quaker groups. Watch for additional excerpts on
this site. The full report is available now, by snailmail. To order the
complete report, send $10.00 (postpaid) to: A Friendly Letter, P.O.
Box 82, Bellefonte PA 16823.]
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Copyright © 1998 by Chuck Fager. All rights reserved.
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