As many know, iaedp is facing a crisis which could result in its demise. Not just in the litigation arena, but through the administrative complaints brought before the IRS, Department of Labor and the California Franchise Tax Board.

As such, I may give occasional updates. Keep in mind these updates will be coming through the lens of a person who is in an adversarial relationship with iaedp and who has a vested interest. And yet, I will attempt to bring objectivity to this matter since the eating disorder community as a whole, has an interest in the outcome.

The Petition

First, as you may recall, a petition demanding the resignation of Bonnie Harken was started by third parties. That petition now has 345 signatures.

Ms. Harken’s “retirement”

You may also be aware that Ms. Harken’s “retirement” was announced at the Iaedp Symposium. Almost one month later, iaedp finally made a public announcement. Whether Ms. Harken actually “retired” is subject to speculation since Ms. Harken’s position about the lawsuit was that she “would fight until the bitter end.” It is interesting that Ms. Harken never mentioned what was in the best interest of iaedp.

Well, the bitter end has arrived for Ms. Harken.

Even still, at least until May 6, 2024, Ms. Harken was still acting in the role of managing director.

The Lawsuit

On behalf of a class representative and potential class, I filed a lawsuit in federal court in Dallas, Texas. Iaedp, Dena Cabrera, Dr. Joel Jahraus and Dr. Ralph Carson are represented by a law firm based in Chicago. Ms. Harken is represented by a different law firm. All attorneys are from reputable firms and have strong reputations.

The case is still in its infancy and none of the substantive merits have been addressed since iaedp and Ms. Harken are attempting to have the case moved to the Central District of Illinois, a district in which Ms. Harken resides. The Court has not yet ruled on this motion.

However, there are significant issues which have been revealed in various affidavits filed by the defendants. 

Chapters

Since Ms. Harken incorporated iaedp corporate chapters in Illinois, those chapters are required to annually file a report with the Illinois Secretary of State. That report sets forth the officers of the corporate chapter as well as identifying the people on their Board of Directors. By way of example, I am including the Report for the DFW Chapter.

As you can see, the Report was signed by Dr.  Jahraus under “the penalties of perjury and as an officer,” as “President.” However, the President of the DFW Chapter, as listed on the Report, is Steffanie Grossman.

The Report also identifies the Board Members of the DFW Chapter, (who are also listed as Officers) as follows:

Director: Bonnie Harken, P.O. Box 1295, Pekin, Illinois 6155

Director: Joel Jarhus [sic.], P. O. Box 1295, Pekin, Illinois 6155

Director: Dena Cabrera, P. O. Box 1295, Pekin, Illinois 6155

Director: Ralph Carson, P. O. Box 1295, Pekin, Illinois 6155

This post office box is owned and controlled by Defendant Harken.

This Report raises a number of concerns … why is the then President and now Past-President and current Board Member of iaedp, an entity which according to Dr. Jahraus, is a completely separate business entity with separate officers, signing under the penalties of perjury, a legal document filed with the Illinois Secretary of State pertaining to the DFW Chapter and listing himself as “President” on behalf of the DFW Chapter?

Especially since in an Affidavit filed in the case, all the individual defendants (except for Ms. Harken) stated under oath the following:

“2. I am also currently a member of the Board of Directors of the International Association of Eating Disorder Professionals Foundation, Inc. (“iaedp”).”

“11. The iaedp and local chapters, including the Dallas/FW Local Chapter, have separate officers and directors and separate set of bylaws.”

“12. No officer, director, or board member of iaedp is an officer, director, or board member of the Dallas/FW Local Chapter.”

As you can see, the Report, filed under penalty of perjury directly contradicts Ms. Cabrera’s, Dr. Carson’s and Dr. Jahraus’ statements to the Court. (which were also filed under penalty of perjury).

I brought this to the Court’s attention.

In response, Dr. Jahraus, filed a supplemental affidavit, and in this document, he stated:

“7.       Specifically, each of the Annual Reports for the local chapters lists me as a director of numerous local chapters located throughout the United States. My name is also printed on the signature line on each of those forms listing me as “president” of each of these organization. None of this information is correct. I am not a director of any local chapter, nor am I the president of any local chapter. I also did not authorize or know that my name had been printed on the signature line of any of these forms.” [emphasis added]

“8.       I did not participate in the preparation of any of the local chapters’ Annual Reports. I did not know until very recently that I was incorrectly listed as an officer or director in any of those Annual Reports or that my name had been placed on the signature line on those Annual Reports.” [emphasis added]

Ms. Cabrera and Dr. Carson made similar affirmations.

Despite their supplemental statements, legally Ms. Cabrera, Dr. Jahraus and Dr. Carson are on the boards of directors for the corporate chapters. And will remain so until they resign or are replaced.

Except for Ms. Harken, each of the corporate chapter Directors is saying that they were incorrectly listed as a director and until recently did not even know they were listed.

This begs the question … if Ms. Harken was also not aware of the forgery and being listed as a director without her knowledge or consent … why didn’t she also file an affidavit stating this?

Who was responsible for submitting these false Annual Reports to the Illinois Secretary of State? Who falsely signed the Reports on behalf of Dr. Jahraus? Who did not even tell those persons they were on the Board of Directors? (if you believe the Directors) Who committed forgery?

Under Illinois criminal law, forgery is defined in relevant part:

Sec. 17-3. Forgery

    (a) A person commits forgery when, with intent to defraud, he or she knowingly:

(5) unlawfully creates an electronic signature of another person, as that term is defined in the Uniform Electronic Transactions Act.

Who indeed?

Maybe the same person who failed to inform those Board Members that they were even on the Board of Directors? (if you believe the Directors) Maybe the same person who controls the Post Office Box listed as the address for those directors. Maybe the same person who has ruled iaedp with an iron fist for over two decades? Maybe the person who has financially benefitted the most from iaedp? Or is it one or more of that person’s minions, perhaps former staff members?

Further, if those directors truly did not know they were on the Boards of Directors for the corporate chapters and their names were listed without their knowledge, and if this is in part, why they are in the lawsuit … why haven’t they filed cross claims against the person(s) who forged their name or improperly listed them as directors?

From the lawsuit, we also learned that Ms. Harken misclassified herself as an “independent contractor.” This was done in an obvious attempt to avoid paying taxes not just to the State of California but the IRS. In California, where iaedp is based, California law defines independent contractor as:

Cal. Labor Code § 3353

Section 3353 – Independent contractor defined.

“Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.

Ms. Harken had no principal. Further, in an affidavit she submitted to the Court, Ms. Harken testified to the following:

1. I am Managing Director of the International Association of Eating Disorder Professionals Foundation, Inc. (“iaedp”);

• I have been Managing Director since 2002, and am very actively involved in the iaedp, particularly with respect to its annual symposium;

• Throughout my tenure at the iaedp, my duties and responsibilities have included among other things, to lead the organization according to decisions made and strategies developed with the board of directors, as well as protect and grow the organization’s financial health, plan for upcoming initiatives and leadership of the initiatives within the organization, mentor new leadership, and create polices that ensure new strategies align with the organization’s mission are put into action;

• I primarily conduct business as Managing Director and operate the iaedp from my home in Pekin, Illinois;

• All physical records related to the governance and management of the iaedp are stored at 1103 S. 5^th Street, Pekin, Illinois 61554-4525;

• All electronic records related to the governance and management of iaedp are stored in various storage platforms determined by purpose and access;

• The principal place of business and headquarters of iaedp is Pekin, IL;

• All physical records related to the governance and management of the iaedp are stored at 1103 S. 5^th Street, Pekin, IL 61554-4525.

Ms. Harken was also on the Board of Directors of Defendant iaedp and was/is Chairman of the Board of Directors of all “independent” corporate chapters. Ms. Harken maintains the books and records of iaedp from her home. And yet, despite controlling all aspects of iaedp, Ms. Harken boldly misclassifies herself as an “independent contractor.”

The evidence is overwhelming. Ms. Harken and iaedp are alter egos. That is in part why complaints were filed with the Department of Labor, the IRS and the California Franchise Tax Board. And with the sworn statements from Dr. Carson, Dr. Jahraus and Ms. Cabrera, a complaint will be filed with the Illinois Attorney General.

Ms. Harken’s Interim Successor

Iaedp has appointed Dawn Gannon as an Interim Executive Director. I have had the pleasure of knowing Ms. Gannon for a number of years. She admirably served as second in command to Elissa Myers at AED. I know her to be an intelligent, ethical person. I am sure if anyone reached out to her with any questions they may have, Ms. Gannon would give them all the time they required.

I like Dawn. I believe she will do a good job. But the task is overwhelming.

iaedp’s problems are deep. The problems which exist are the type that destroy organizations and businesses. I sincerely hope that Dawn will be able to soldier through, discover where the many errors have been made and right the ship.

Unfortunately, I believe that ship has already sailed. The damage was done long before I became involved. Whether the case is tried in Peoria, Illinois, Dallas, Texas, or somewhere else, I believe the result will be the same. With the administrative complaints being filed and now with the evidence submitted to the Court by all defendants, the information is more than enough to allow administrative agencies to act.

I sincerely hope I am wrong on this issue. That would mean Ms. Gannon performed miraculous work and iaedp comes out of this crisis much stronger, more reputable, more responsive and perhaps even an organization the community can take great pride in. Nonetheless, the mistakes and egregious conduct of the past demand consequences. For the many professionals who were subjected to needless expense, accountability must be demanded. For families suffering from eating disorders, demand for the absolute best must remain paramount and of the highest priority.

Anything less is a betrayal.