IBJNews

Brizzi contributor Epperly no stranger to controversy

Back to TopCommentsE-mailPrint
Greg Andrews

Harrison Epperly, the Indianapolis businessman entangled in a controversy over campaign contributions to Marion County Prosecutor Carl Brizzi, is a wildly successful self-made man with a penchant for finding trouble.

Epperly, 78, came to Indianapolis a half-century ago to own and run a service station. He later launched a brake shop and expanded it into a 23-store chain before selling the business in 1986 for $11.1 million.

Then, in the depths of the early ’90s real estate slump, Epperly poured cash into golf courses in Florida and industrial properties and downtown office buildings here—bets that appeared to pay off when the economy improved and he cashed out.

But Epperly also left a trail of litigation and business associates who felt shortchanged. And in 2000, a federal judge sentenced him to a year of home detention after he pleaded guilty to improperly removing asbestos from 41 E. Washington St., a building he later sold that now houses IBJ Media. Prosecutors said workers removed the dangerous material with a sledgehammer and saw, violating the Clean Air Act.

Donations preceded release

The latest flap involves $29,000 he gave Brizzi from 2006 to 2008. During the same span, an attorney for his daughter, who’d been convicted in a murder-for-hire scheme, was negotiating a sentence modification with Brizzi’s office—an effort that succeeded last year.

The story, reported first by IBJ’s news-gathering partner, WXIN-TV Channel 59, is a new headache for Brizzi, who’s already taking a political drubbing over his friendship with Indianapolis businessman Tim Durham, the subject of federal securities fraud investigations. The Republican last month decided against seeking a third term.

Epperly’s daughter, Paula Epperly Willoughby, was sentenced to 110 years in prison in 1991 after her husband was gunned down outside the Indianapolis Motor Speedway. An appeal shrank the sentence to 70 years. The modification cut it to time served, and Willoughby was freed in July.

WXIN reported that Epperly also donated $2,500 to Brizzi’s chief trial deputy, David Wyser, who’s running for Hamilton County prosecutor. That contribution came in May, a month before the filing of the sentence modification in court.

Both Brizzi and Wyser recently returned their donations, many of which came through Epperly’s company EMSP LLC. Wyser told WXIN the donations had no role in the modification, which he argued was justified based on Willoughby’s rehabilitation and family issues. One of Willoughby’s sons had been killed by a drunken driver in 2005, leaving another son with no immediate family members other than his imprisoned mother.

The making of a millionaire

For Epperly, who could not be reached for comment, the campaign donations represent a drop in the bucket. A decade ago, when he was facing the asbestos-removal charge, his net worth was estimated at more than $20 million.

Much of that stems from his success with United Brake Systems Corp. In 1976, Epperly opened his first location outside Indianapolis. A decade later, he sold the entire chain to Connecticut-based Echlin Inc., at the time a Fortune 500 company.

The deal, while a bonanza for Epperly, also spawned ill will. Kenneth Jarrett, who managed the company’s second location, in Nashville, Tenn., sued, charging Epperly reneged on an oral agreement to make him 49-percent owner of that operation if he managed it for 10 years.

Court records say the promise played a key role in luring Jarrett away from his previous employer. After the sale, Epperly initially promised to pay him the part of the purchase price representing the stake but never did, according to a U.S. Court of Appeals decision upholding an $812,000 judgment against Epperly.

“In fact,” the ruling says, “when another employee asked Epperly about his promise to Jarrett, Epperly replied, ‘Forty-nine percent of what? Of nothing?’”

Another business associate, Fred Johnson, sued Epperly in 1995 after getting cut out of a deal to buy a Florida golf course.

Court papers say Johnson learned the course was for sale and contacted Epperly because he didn’t have his own money to invest. The suit said Epperly orally agreed to loan Johnson $150,000 as Johnson’s 25-percent share of the down payment. But he never made the loan, and instead Epperly and his partners bought the course without him.

A jury awarded Johnson $1 million in actual damages and $2 million in punitive damages. The Indiana Court of Appeals in 2000 threw out the punitive damages, but let the other award stand.

Epperly contends that he didn’t have to live up to the agreement because Johnson’s attorney never presented him with a loan agreement—an argument the appeals court did not find persuasive.

Johnson testified that after the purchase closed, he approached Epperly and asked him to provide the promised ownership interest.

“Epperly laughed, got into his car and drove off,” according to Johnson.•


ADVERTISEMENT
  • Not So
    If Brizzi is coated with teflon he needs a new coat. He's gotten pounded in the media and his reputation is in tatters. As far as no consequences, the feds have just now started to look into things. They haven't even hauled Durham away in handcuffs. That will happen first, then it's very possible Brizzi will be next.
  • Nice but what next
    The IBJ does a great job of reporting. But to what end? Nothing ever seems to happen to Brizzi. He is coated in Teflon.He just keeps on getting bad press and getting into trouble, but nothing ever seems to happen to him.

Post a comment to this story

captcha
Please enter the text you see above:
Not sure? Give me another.

Sponsored by

IBJ on Facebook & Twitter

facebook - twitter
IBJ Healthcare IBJ The Score IBJ News IBJ
                        Property Lines IBJ
                        Newstalk IBJ Dining IBJ Lists IBJ Arts
ADVERTISEMENT
Subscribe to IBJ
  1. Your argument is one that is dated and irrelevant at this point. Our incredulous looks at your brotherhood of autoworkers is that you would forego working for a lessor amount and be unemployed while many are longing for employment! So while you use your big words to sound smart, the base question still is; do you want a job, or not?

    You can cloud the issue or clarify it. There is no "high road" because the world you are pining away for doesn't exist anymore. Ask the foundry workers of Chrysler. Ask the Navistar people. Ask the...oh, never mind. The list is too long. Either right size the labor costs or be left in the dust.

    By the way, there are "foreign" cars that have a higher percentage of manufactured parts and assembly labor from the U.S.A. on the road today than some models that are made by the Big 3...And last I checked they employ more Hoosiers too, so you may be barking up the wrong tree.

  2. I once lived in Indy but now live in Boston. I hav a brother and a sister who live in Carmel. Carmel is a joke. The arts district and city center feel soooo contrived its silly. How do we know it is the arts district... because they put up a sign that says so! I can go on about what an abomination the town is, but instead I will just say you are in for a rude awakening when your property taxes go up and you cant sell your house.

  3. There have been (and still are) a lot of online resources for keeping online address books (most social networking sites include), but Plaxo is definitely one of the cleanest, most simple I have seen. Good find. Don. http://www.viewcaster.net/

  4. I see the attendance at Kentucky was as embarrassing or worse than 99% percent of the other "Sacred Cows" that Mr. Bernard is chopping due to alleged promoter lack of promotion.

    How much longer is the IRL gonna try and pull the wool over the eyes of the AOW world?

    Mr. Bernard must realize the fans and potential fans know this is a sham. STOP wasting your time....the IRL product is CRAP product, with watered down BS racing. Attendance and TV rating PROVE that. And, the IRL wants to hike sanction fees....

    OH, the question is raised in the midst of the recent IRL celebration of the 200th IRL race (which convienently leaves out CART/CCWS records and the long history records of INDY etc), is this the 16th IZOD Indy Car Series 500 or is it the 100th indy 500? it appears the speedway is manipulating statistics and historical data to make it appear the IRL has been around since 1911.

    And you wonder why the AOW fanbase doesn't trust the lying control base of this sport?

    Hey, Randy, keep on insulting us. Even NASCAR delineates between the Modern era, appearently begun in 1979. Guess what IRL series was active in 1979? Whens the IRL "Modern series" begun? 1911, 1979, 1996, 2008? Fix it chump.

  5. Maybe you should try reading the actual proposal. There was an ulterior motive to this proposal, to ban electronic cigarettes. Minimal research clearly shows that electronic cigarettes are 99% safer, do not emit second hand smoke, and contain 4,000-11,000(brand dependent) LESS TOXINS. Anti-smoking groups, publicly funded by big pharma and big tobacco, have issued false reports of the contents of these products. Considering the much lower cost, and the FACT that an increasingly large number of people are switching to electronic cigarettes and are able to quit smoking even after years of trying and failing with the gums, patches, etc. produced by huge pharmaceutical companies. Naturally the FDA is in an uproar, our health plans are funded by tobacco taxes, they donâ??t WANT people to quit smoking! Do a little research on who funds ASH, one of the largest anti-smoking groups and most vocal on ecigarettes, big pharma and big tobacco. Their leader, a self proclaimed billionaire, pulls in over $200,000 a year from ASH alone, so he is basically paid by the tobacco and pharmaceutical industries. Where does his interest lie?
    This campaign is no longer â??anti-smokingâ??, it is â??anti-smokerâ??. These groups are no longer anti-smoking groups, they are haters and are power hungry. Power=big bucks.
    If you must vote on an anti-smoking proposal, please ask them to eliminate the electronic cigarette from the bill. These products are saving lives, and I know this for a fact. I switched to ecigarettes after smoking for over 25 years and can taste, smell and breath again, and do not desire to go back to traditional cigarettes just to support and already bloated industry, nor do I wish to use pharmaceuticals that cause thoughts of suicide, nightmares, and countless other harmful side effects. The other pharmaceutical alternatives are to directly ingest nicotine, or to absorb it through the skin. No thanks.
    Research before support please.

ADVERTISEMENT