Harkey Disinformation Campaign

PCF Investors    Monday, March 25, 2013 Harkey Disinformation Campaign Dear Fellow Investor, Over the past couple of weeks, Dan Harkey has executed a massive PR campaign to discredit Lloyd Charton and several other plaintiffs in the pending Orange County Superior Court trial. It was expressed to me, and I agree, that these attacks are due, at least in part, to the work being conducted by PCFInvestor on behalf of all investors who were conned by Dan Harkey and his merri band of thieves. I regret that Lloyd and the others are being targeted for activities that they are not a party to, and it's time to set the record straight. I am not Lloyd Charton; but I did start the PCFInvestor email list, blog site, and online discussion forums. The list, blog, and online discussion forums are growing with the help of a few investors who have agreed to collaborate and help me build a communication network designed to link ALL 3,000 investors together in a forum that will allow free discussion without encumbrance or impediment by the likes of Dan Harkey and his crew. Frankly I am amazed that the rats at Point Center (now operating as CalComm Capital) haven't jumped ship sooner but I appreciate the few insiders there who have been forthcoming with critical and timely information that we intend to reveal to the courts, the media, and to the entire Point Center investment group. (You know who you are and we applaud your courage.) Dan Harkey mistakenly deludes himself that Lloyd Charton is behind PCFInvestor. As if deluding himself isn't bad enough he now wants everyone to drop acid and share his delusion. Except he's wrong. PCFInvestor is not the voice of Lloyd Charton. Lloyd has his own voice and his own mailing list and is perfectly capable of voicing his own opinion. I do not answer to him in any way. Neither is PCFInvestor Steve Cash, Kurt Sipolski, Danny Sullivan or any other boogeyman that Danny Joe Harkey wishes to conjure. As far as I am concerned PCFInvestor is your voice, the voice of ALL 3,000 investors, plaintiffs or otherwise. PCFInvestor is the voice of anyone who lost their money to this pathological narcissist and his cronies. I have no intention of revealing who I am nor who I am collaborating with. Anonymity serves my purposes and protects the other investors that I collaborate with. More importantly, many have asked for the contact details of their fellow investors and told by Rene Esparza to go 'pound sand'. I want to change that. I want to gather all willing investors together in one place and provide a forum where they can be heard. I want all investors to be able to communicate freely with each other and be able to exchange critical information in a timely fashion. For example, was anyone aware that the $20,000,000 REO asset: Palm Springs Country Club, was sold on March 6, for $1,000,000 plus unpaid property taxes? Today is March 25. It's been almost three weeks. Have you received a check, a closing statement, or know how much Dan Harkey has taken from you in fees? Did anyone know that the sale was pending, who the buyers were, what condition the property was in, or ask for the contact details of your fellow LLC members so you could freely discuss the disposition of the property? Were you aware that Harkey tried to divert the proceeds to CalComm Capital? I'm confident that once this information is openly circulated you will receive a communication from Point Center containing their "spin" on the deal claiming the bankruptcy and civil proceedings are to blame. But there is a lot more to tell that will soon be revealed. Dan Harkey betrayed each and every one of you. He ravaged the accounts of the elderly, the infirm, folks on limited incomes, people who put their faith and trust in him. He broke our trust. He failed to protect us but enriched himself, mismanaged our assets, and failed to perfect the personal guarantees and insurances that might have salvaged the fiction he called loans. If you want to get involved, join the investor forums. Write your story and submit it to the blog. Your stories need to be heard regardless of how old or how insignificant you think your losses were. I'm asking you to use your voices and help draw attention to this travesty called Point Center Financial and exact some justice. Help make PCFInvestor the voice of all of us. "My name is Legion for we are many." Sincerely,     PCFInvestor   Investor blog Investor discussion groups (forums)

Bankruptcy Court Gives Civil Case the Go!

PCF Investors March 20, 2013 BANKRUPTCY COURT GIVES CIVIL CASE THE GO! Dear Fellow Investor, Here is a brief update on the Point Center bankruptcy and civil cases: The federal bankruptcy court lifted the "automatic stay" this past Tuesday giving 86 plaintiffs suing Dan and Diane Harkey, Gwen Melanson, and Point Center Financial, the go-ahead to pursue their claims in the California Superior Court of Orange County. Lawyers for both sides met with California Superior Court Judge Perk Thursday Morning to discuss the Bankruptcy Court's ruling and scheduled the restart of the trial to this coming Monday, March 25. The court will likely hear pre-trial motions Monday and Tuesday before beginning the jury selection process. Actual opening statements are not expected until late in the week or after the Easter holiday. We'll keep you posted as information becomes available. Bankruptcy court filings can be reviewed on the blog by clicking here. Sincerely, PCFInvestor

Harkey Demonstration Cancelled

PCF Investors March 20, 2013 HARKEY DEMONSTRATION CANCELLED Dear Fellow Investor, The demonstration of Diane Harkey's political fundraiser at Ruby's in San Juan Capistrano this Thursday evening is  CANCELLED. It appears that Assemblywoman Harkey is having difficulty pulling in donors for the event and the event is not sufficiently noteworthy to attract the kind of media attention that would benefit investors in the recovery of their losses. We respect your time and effort and believe there will be better opportunities for you to have your voices heard. We are creating a completely separate mailing list for any investor who wishes to actively participate and ensure that Diane Harkey is voted out of office. Please respond to this message if you wish to be added to that list. Otherwise, we want to get back to focusing on following the news on the Point Center bankruptcy, the civil lawsuit, and anything else relevant to recovering our assets and seeking justice. Sincerely, PCFInvestor

Demonstration Invitation

PCF Investors March 15, 2013 DEMONSTRATION INVITATION - DIANE HARKEY FUND RAISER  Dear Fellow Investor, Diane Harkey is throwing a political fundraiser at Ruby's Diner in San Juan Capistrano from 5:30 PM to 7:30 PM  this coming Thursday,  March 21, 2013. We wish to organize a peaceful demonstration by Point Center investors, asking Diane Harkey to resign and give us back our money. Any one of the 3,000 investors who feel they were betrayed by the Harkeys should attend. We need a few volunteers to help organize and people willing pass out flyers. Please RSVP to PCFInvestor@gmail.com as soon as possible if you intend to participate and state whether or not you wish to help organize. This is an opportunity to do some good and draw attention to the multitude of issues surrounding Dan and Diane Harkey. _______________ On the topic of the Point Center bankruptcy, the blog has been updated with a section specifically following that topic along with a section on Point Center's lawsuits against individual investors. A section is also planned for the Charton v Point Center civil litigation and should be up soon. All of this is a work in process. Your feedback is gratefully appreciated. Thank you for your time and consideration. Sincerely, PCFInvestor PCFInvestor Blog        Join the Investor Forums

PCF Investors March 1, 2013 PRESS CONFERENCE INVITATION & PCF BANKRUPTCY UPDATE  Dear Fellow Investor, We want to thank everyone who attended the Press Conference yesterday afternoon. By the judge of things it was a great success! Donna Wall and Jeff Gomberg spoke and fielded questions. The Orange County Register printed a story on the front page of the Local section, continuing the story onto page 3.    A link to the online electronic version of the story can be found here:  http://www.ocregister.com/news/harkey-497771-investors-diane.html We would love to hear your comments on the story! At the conference Jeff Gomberg read a letter that was circulated for each investor to sign send to Diane Harkey calling for her resignation. The letter reads as follows: Dear Assemblywoman Harkey; As you know it has been nearly 5 years since investors sued you, your husband Dan Harkey, M. Gwen Melanson, National Financial Lending, LLC and Point Center Financial.  Your legal maneuvers and delays are an abuse of the system and are denying the plaintiffs their day in court.  In fact 5 plaintiffs have died waiting for justice to be served. The latest delay is Point Center Financial filing for bankruptcy on the day the trial was to begin. We encourage you to do the right thing and resign your seat and withdrawal from the Board of Equalization race.  All of the victims have had to, in one way or another, put their lives on hold and so should you. Once the trial is completed you can resume your political career and we can resume our lives. Some of the investors have lost their homes and life savings while you have continued to draw substantial income from Point Center.  Investors have lost 96-cents on the dollar invested yet you and your husband continue to live in a guard-gated, ocean front home, drive a Rolls Royce, own a stable of horses and otherwise live an affluent lifestyle paid for by investors. We could list the myriad of charges against you but you know what they are.  Please do the right thing for your constituents and the people of California and resign today. You claim to be a financial expert but at the same time you claim you had no idea what was happening with a company that you deriving income from, that your husband owns and now you want a seat on the Board of Equalization that requires some financial sophistication and sense of fairness.   Fraud is not financial sophistication and avoiding justice is not fairness. Sincerely, <Insert your signature here> _______________ We believe that any investor who feels the same should copy this letter or write and send a similar letter in their own words to Diane Harkey, the entities that regulate her official conduct, and the party that supports her. If anyone is interested here are the addresses. Assemblywoman Diane Harkey 76 Ritz Cove Dana Point, CA 92629 Assemblywoman Diane Harkey 31878 Del Obispo #118, PMB 106 San Juan Capistrano, CA 92675 info@dianeharkey.com Ann Ravel Commission Chair Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 aravel@fppc.ca.gov Fair Political Practices Commission Enforcement Division 428 J Street, Suite 620 Sacramento, CA 95814 complaint@fppc.ca.gov Tom Del Beccaro - Chairman Steven Baric - Vice Chairman California Republican Party 1903 W. Magnolia Blvd. Burbank, CA 91506 Tom Del Beccaro - Chairman Steven Baric - Vice Chairman California Republican Party 1215 K. Street Suite 1220 Sacramento, CA 95814 _______________ Thanks again for listening and your continued interest. Sincerely, PCFInvestor PCFInvestor Blog        Join the Investor Forums

PCF Investors February 28, 2013 PRESS CONFERENCE INVITATION & PCF BANKRUPTCY UPDATE  Dear Fellow Investor, I just want to get a show of hands so we can see how many people to expect today. How many of you think you will be able to attend the Press Conference? Just respond to this message so I can give the organizers a count. Here are the details again:  When:     Thursday February 28th               12:30 PM (to assemble). Where:    Embassy Suites Hotel - Orange County Airport North               Santa Ana Room               1325 E. Dyer Rd.               Santa Ana, CA 92705               (714) 241-3800 The press conference is expected to start at 1:00 PM. On the Point Center Bankruptcy: It seems that a number of investors are not aware that Point Center filed for bankruptcy last Tuesday, February 18 as counsel in Charton v Point Center began to argue motions. Motions in response to the bankruptcy have already been filed in federal court to stay the bankruptcy for the Plaintiffs so that the Orange County Superior Court trial can proceed. Everyone is now waiting for the bankruptcy court's ruling. If the bankruptcy court returns a favorable ruling before March 4, the superior court judge (Perck) will proceed with trial. If not, it only means that the 80+ plaintiffs will have to wait longer for the trial to start (weeks to months). It is my understanding that the clock counting down to the five year statute of limitations on the Charton trial will be stopped as long as the bankruptcy is active. So the Harkey's tactic only serves to delay the inevitable. Point Center's counsel (Jeffrey Benice) stated to the court that the Bankruptcy was filed to fend off the appointment of a receiver from another trial that is going to cost Point Center $2.8 million dollars. But the fact that Point Center waited until the day of the Charton trial to file, and the fact that they listed investors in their top 20 creditors list, contradicts that statement. So much for Dan Harkey's "absolute obligation" to repay investors their money. Nevertheless, Counsel's admission to the court that it was not about the trial is one of the arguments presented to the bankruptcy court in support of grant a stay. One investor asked if counsel could argue fraud to stay the bankruptcy. This is one of the underlaying premises of the Charton lawsuit. However, fraud has to be proven before it can be used as an argument in bankruptcy court. It's a chicken/egg situation. But there are other compelling arguments that were made to the bankruptcy court judge to support the plaintiff's motion that court can consider in contemplating its ruling. I've recently published a blog at http://pcfinvestor.blogspot.com to provide information on the situation with the Harkeys, provide details on the trial, and post publicly available documents to help keep investors up to speed. There are still many who think it was just a bad market and/or blame themselves for poor judgement. It was neither and there are good reasons why. I have also started an Investors only discussion group at http://www.pcfinvestor.com with private sections to allow investors to meet and discuss topics only between themselves (Something that Point Center has aggressively sought to suppress.) For example, how many of you are aware that 29 investors have been sued by Point Center individually (not as a group) over RCS chandler, since October. 5 of those suits were filed just last week. In addition, Point Center filed similar suits alleging "Breach of Contract" on the Witzman property, and the most recent, on the sale of the Palm Springs Country Club asset. You might ask yourself, "why would Point Center incur the expense to file these suits individually?" Because if the individual defendants pooled resources and banded as a group, they could save money and affordably mount an aggressive defense. Isolated, many of these defendants had no choice but to cave into Point Center's heavy handed bullying tactics. This is not okay, but it underscores why it is critical that investors know each other and be able to communicate at will. The discussion group site at http://www.pcfinvestor.com is there specifically to provide an open but private venue for point center investors to meet, communicate, and exchange notes. Signups are fairly straight forward and only slightly onerous so that non-investors and trolls can be weeded out. It's a new tool and its there for your use and benefit. Content is minimal at the moment but will expand as membership and momentum builds. Don't let the Harkey's of the world suppress your rights to speak, know, and associate with whom you wish. Sincerely, PCFInvestor PCFInvestor Blog        Join the Investor Forums

Press Conference Invitation

Subject: PCFInvestor Event PCF Investors February 26, 2013 PRESS CONFERENCE and INVITATION TO PARTICIPATE  Dear Fellow Investor, Diane Harkey is running for California State Board of Equalization and she is up against a worthy and well recognized opponent, a sitting State Senator. She has a battle on her hands and her actions in the Point Center Ponzi scandal and the lawsuit as well as the recent Point Center bankruptcy are being closely monitored. Persons involved in the political campaign are looking very closely at the financial filings and dealings of Diane Harkey with emphasis on property she took in her own name after the long awaited lawsuit against the Harkeys was started, on the compensation she took from Point Center, on campaign contributions from Point Center borrowers who subsequently defaulted, and much more. A press conference is being held at 1:00 pm Thursday at the DoubleTree Hotel in Orange. While this is short notice it is critically important that everyone who feels that the Harkeys cheated them attend, be seen, and be heard. Are you willing to participate and be heard? The Doubletree is located at the following address: When:     Thursday February 28th               12:30 P.M. Where:    Doubletree Hotel               Laguna Room               100 The City Drive               Orange, CA 92868 The press conference is expected to start at 1:00 PM. Participants are asked to arrive 30 minutes early. Your presence, your voices are important. Sincerely, PCFInvestor PCFInvestor Blog        Join the Investor Forums