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United States of America v. Anita Harmon
Case Number: 1:18-cr-00270-RBJ-GPG
Judge: R.Brooke Jackson
Court: United States District Court for the District of Colorado (Mesa County)
Plaintiff's Attorney: Dan Burrows and Jeremy Chaffin
Defendant's Attorney: Elizabeth Kay Stepp, James Samuel Bell, Nick Oberheiden, Paula M. Ray, Stephanie Ann Walker
Grand Junction, CO - Steamboat Springs Woman Convicted after Stealing from Profit Sharing Plan
A federal jury sitting in Grand Junction found Anita Harmon, age 62, of Steamboat Springs, Colorado, guilty of two counts of embezzlement from an employee benefit plan. Harmon was acquitted of two other counts.
According to court records and evidence presented at trial, Anita Harmon was the trustee for an ERISA plan called the Healthcare Financial Assistance Corporation Profit Sharing Plan. The company that sponsored the plan went out of business and, in September 2012, Harmon transferred the plan assets from one bank account to another to which she had access and to accounts in the name of limited liability corporations controlled by her. Thereafter, Harmon depleted the plan account through periodic transfers into her other accounts until, in November 2014, she emptied it out entirely. From the other accounts, she wrote checks for rent, taxes, and other items unconnected to plan administration. Altogether, she took over $24,000 from the plan.
“Theft from employee plans like this hurts real people,” said U.S. Attorney Jason Dunn. “We prosecute these cases to make sure that the employees who were cheated receive justice.”
“Theft from retirement plans and pensions has significant adverse effects on the livelihood and peace of mind of workers,” said Employee Benefits Security Administration Regional Director Jim Purcell, in Kansas City. “Our Department takes these actions seriously and will continue to investigate any action that threatens retirement benefits workers have earned.”
For the counts of conviction in this matter, the defendant may be sentenced to not more than five years imprisonment, not more than a $250,000 fine, followed by not more than three years supervised release. Sentencing is set for August 6, 2019.
This matter was investigated by the U.S. Department of Labor Employee Benefits Security Administration.
18 U.S.C. § 664 THEFT OR EMBEZZLEMENT FROM EMPLOYEE BENEFIT PLAN
Outcome: 05/17/2019 83 CASE REASSIGNED as to Anita Harmon: This case is reassigned to Judge Marcia S. Krieger for sentencing. All future pleadings should be designated as 18-cr-00270-MSK. (Text Only Entry) (dkals, ) (Entered: 05/17/2019)
05/17/2019 84 Unopposed MOTION to Reassign Case by Anita Harmon. (Stepp, Elizabeth) (Entered: 05/17/2019)
05/17/2019 85 MINUTE ORDER as to Anita Harmon: The Probation Department shall conduct, or update, a pre-sentence investigation and submit a pre-sentence report as required by Federal Rule of Criminal Procedure 32. Defendant shall, with the assistance of Counsel, as soon as practicable, make arrangement to participate in the pre-sentence investigation and shall fully cooperate with the Probation Department. By Magistrate Judge Gordon P. Gallagher on May 17, 2019. Text Only Entry (gpgsec, ) (Entered: 05/17/2019)
05/17/2019 86 ORDER Motion Reassigning Case: Upon Judge Jackson's request to retain auhtority over this case and the parties' motion being unopposed, the motion is granted. The Clerk of the Court shall reassign this action to Judge Jackson for all remaining purposes. By Judge Marcia S. Krieger on 5/18/19. Text Only Entry (msklc2, ) (Entered: 05/17/2019)