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Lampoon: Durham used $1M from company to pay attorney

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Comedy film producer National Lampoon Inc. is suing Indianapolis financier Tim Durham for allegedly transferring $1 million from the company to his defense attorney.

Durham, the former CEO of National Lampoon, was sentenced in November to 50 years in federal prison on securities fraud and other crimes related to the collapse of Akron, Ohio-based Fair Finance Co.

The lawsuit, filed Thursday in a state court in Los Angeles, where National Lampoon is headquartered, follows a similar allegation made in January by the bankruptcy trustee for Fair Finance.

National Lampoon has also sued Indianapolis attorney John Tompkins, who represented Durham unsuccessfully in the Fair Finance case, and unknown individuals it says helped make the wire transfer possible.

National Lampoon claims that one week after agreeing to a settlement with Warner Bros. over the distribution of the National Lampoon’s "Vacation" series of  movies—a deal that paid National Lampoon $2.7 million—Durham transferred $1 million of that money into the bank account of Tompkins’ Indianapolis law firm, Brown Tompkins Lory & Mastrian.

The lawsuit also claims that Tompkins was listed as the beneficiary of that transfer, which allegedly occurred on July 28, 2011. Durham covered his tracks, the lawsuit alleges, with "false, fraudulent and deceptive entries in the business records of National Lampoon." The company claims it did not discover the $1 million transfer until April 2012.

Durham resigned as CEO of National Lampoon in January 2012 after leading the company for three years.

A call to Tompkins Monday morning was not immediately returned. In January, when Fair Finance trustree Brian Bash claimed that National Lampoon had financed Durham’s defense, Tompkins gave a brief statement to IBJ.

"I don’t think it’s accurate that Lampoon funded his defense,” he said on Jan. 23. “Beyond that, I don’t have anything to say."

Tompkins is no longer representing Durham. Instead, James H. Mutchnik, a white-collar criminal defense attorney at Chicago-based Kirkland & Ellis, has agreed to represent Durham for free during an appeal of his conviction.

Bash has claimed in a lawsuit against National Lampoon that Durham propped up the company by transferring $9 million, over the course of a decade, from investors’ holdings at Fair Finance.

A federal jury in June found Durham guilty on all 12 counts stemming from the collapse of Fair. Prosecutors charged that Durham looted the company to fund a lavish lifestyle and support other failing businesses he owned.

Fair co-owner Jim Cochran, who was convicted on eight of 12 counts, received a 25-year sentence, and Rick Snow, the chief financial officer, received 10 years.

Money for the scheme came from 5,000 Ohio investors who purchased unsecured notes from Fair boasting interest rates as high as 9 percent.

Bash has been trying to recover money for the investors for nearly three years, but so far has been unable to make a distribution.

Bash sued Fair for more than $150 million and wrested a proposed $3.55 million settlement from former owner Donald Fair.

All of IBJ's coverage of Tim Durham and Fair Finance can be found here.
 

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  • Snitch
    Nice comment just shows you have no idea what you are talking about. The trustee in Ohio is trying to recover money and has nothing to do with the conviction. You probably think he is innocent as well. Keep drinking the punch
  • Lawyer
    Please take the money back.....Didnt appear he earned a thing. NO defense whatso ever. Did this guy even get a law degree
  • Jeff Osler
    For those of you that are wondering why Jeff Osler is not being indited is because he spent 3 days in Ohio turning state evidence against his brother-in-law better known as Tim Durham in order keep his looser butt out of jail. But what I don't understand is how Henri Najem has been kept out of jail or at least have to return the millions that he received from Tim. Is that why Bella Vita changed it's name?
    • What about the rest of the money?
      OK, he took $1M from Lampoon. Where's the rest that's missing. Only an idiot could have lost hundreds of millions without a trace! I don't know if even he is that stupid. The trustee doesn't seem to be asking how Tim's family is paying their bills. Why isn't Geist Sports Academy foreclosed? Why isn't Jeff Osler in jail? Has anyone noticed that Tim's father disappeared without a trace just before Tim was arrested? Has anyone noticed that the money disappeared without a trace too?
      • Timmy
        Tim? Stealing? No Way! We all know that Tim would never steal anything! Just ask the legions of business execs in Indy that he stole from/tried to steal from. It is nice that this Tompkins loser is going to get some of those legal fees yanked from under him. They should pay him paralegal wages for the crap job he did defending his client, the honest and noble Tim Durham! LOL talk about poetic justice! I wonder how Brizzi will pay for his defense when he finally goes down. Perhaps Page and Bales will give him a loan. Oh wait, Bales might be pretty angry at Carl for all that heat he brought on him which took him all the way into a federal indictment. God these guys are sorry excuses for crooks. All they wanted was to be big shots. Congrats guys, you're famous and everybody knows who you are now! Isn't that just great?
      • Thompkins
        So this guy takes $1MM that you have to believe he knew was dirty, does a crappy job of defending his client, and then bails on the appeal because his client is out of allegedly ill-gotten booty with which to pay him. Nice.
      • Uh Oh
        This is gonna look GREAT at his appeal hearing!!!! HaHa, embezzling another public company's money for your fraud case. Genius! Didn't he originally say that his father-in-law was paying his lawyer fee? UH OH!
      • The Beat Goes On
        Is anyone really surprised that Dunham would pull such a stunt. National Lampoon should have known something was up long before April if the transaction occurred 11 months prior????
      • Geeeesh...
        Shady all the way up until the end!!! Figures, lol

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        1. The Fringe! Plus, the simple fact that there are so many local faves in such close proximity to each other.

        2. I remenber, watching the toll road, being built, through South Bend, when I was 10 years old. I believe, back then that it was estimated, that the toll road, would be paid for in 20 years and then it would be free. I am now 71, what happened? Since the power is in the people, by that, I mean that, we the people are in total control of everything. I, suggest that no one ever use the toll road again, let it go broke. We the people can control the price of everything, from groceries to gas, if we would just do it. If we don't pay the asking price, the sellers will lower the price and if we wait awhile, they will lower the price to what we accept as reasonable. I would like to know why a highway like interstate 94, is so well maintained, a much better highway, than the toll road, but has no tolls. I would also like to know why, a sitting governor, with a term limit, maximum of eight years, can lease, public property, for 75 years. Even though I have transponders in both of my trucks and will not be affected by the increase, I have been and will contine to avoid using the toll road. I make many trips from northern Indiana to Chicago, every year, and I prefer the better highway, I94!

        3. Coming from her background,she should be used to those kinds of advances! Menard probably figured it was ok to tuck a buck!

        4. I'm still waiting for the list of available, high quality apartments in the Village.

        5. This criminal masquerading as a lawyer obviously has serious issues. He’s been proven by his own testimony to be a pathological liar and probably has a personality disorder as he seems to be constructing a reality around himself. He places no value on truth, honesty or loyalty as evidenced by what he has done to his clients and his own family. And by the demands and lies he has made in court, it is evident he feels entitled to do and say whatever suits his purpose and everyone else is expected to nod obediently and believe him because he is, after all, Bill Super Lawyer; or BS lawyer for short. This millionaire wanna-be no longer owns anything of value; he squandered it and put everything he had into foreclosure. He has no money, house, car, boat or vacation home left to show for what he earned or what he stole. He’s just another loser without morals who will be doing time. I’m certain all of his courtroom shenanigans are antagonizing his poor victims. As Lamar said, his behavior and claims in court have been outrageous. The judge needs to be more than concerned; he needs to be judicial and end this nonsense.

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