Elected Officials and Bankruptcy and Legal Issues and Governor and Mitch Daniels and Fraud and State Government and Carl Brizzi and Government & Economic Development and Government and Tim Durham and Law

Bosma to return $10,000 Durham donation

April 29, 2011

Speaker of the House Brian Bosma agreed on Friday to return to Fair Finance Co. the $10,000 contribution he received from the company’s indicted CEO, Tim Durham, according to the company’s bankruptcy trustee.

The development came two days after Trustee Brian Bash sued Bosma’s campaign committee and four other GOP campaign committees seeking to recover $138,580 in political donations that accused Ponzi schemer Tim Durham made since 2006.

“We are thankful he did the right thing,” said David Proano, an attorney for Bash, said of Bosma.

The other four suits remain pending. Bash is seeking the largest sum—$50,000—from the Greater Indianapolis Republican Finance Committee. In all the cases, Bash argues that Fair is entitled to recover the money because at the time Durham made the donations he owed millions of dollars to Fair and its parent companies. By the end of 2005, at the latest, Fair operated as a Ponzi scheme and was insolvent by more than $50 million, according to the lawsuits.

“Durham made the payment to defendant with actual intent to hinder, delay or defraud Fair Finance and its parent companies,” according to the suits.

The other suits seek $40,000 from the committee for Lawrence Mayor Paul Ricketts, $33,580 from the House Republican Campaign Committee and $5,000 from the Marion County Republican Central Committee.

Before his financial empire collapsed in 2009, Durham was a huge funder of Republican political candidates. The trustee hasn’t filed suits against the biggest recipients of Durham’s political largesse—campaign committees associated with Indiana Gov. Mitch Daniels and former Marion County Prosecutor Carl Brizzi. Both candidates received about $200,000 from Durham.

In an e-mail Friday afternoon, Brizzi suggested a settlement was in the offing. "We are working with the trustee toward a mutually agreeable resolution," he said.

Proano added: “We are in good faith discussions and making progress toward a settlement.”

He would not discuss Daniels. In a written statement last month, Bash said Daniels at least had responded to the trustee’s request that he return campaign contributions, unlike most others, and the trustee hoped “for mutual resolution through continued discussions.”

A spokeswoman for Daniels did not respond to a request for comment Friday.

Paul Okeson, treasurer for the Greater Indianapolis Republican Finance Committee, said: “We are in receipt of notice of the suit. We will consider all options. We intend to be cooperative in those discussions to figure out the best outcome.”

For more than a year, Bash has been trying to recover money for Fair investors—Ohio residents who purchased unsecured investment certificates with interest rates as high as 9.5 percent. He alleges Durham “utterly looted” Fair after buying it in 2002, stripping the business of the financial wherewithal to repay more than 5,000 investors who are owed more than $200 million.

In the statement, he praised Indiana Sen. Mike Delph for recently returning $10,000 and implored fellow elected officials to follow suit.

Last month, Marion County Republican Party Chairman Kyle Walker expressed sympathy for victims of Fair Finance’s collapse but said Durham’s contributions to the party have “long since been spent in good faith.”

Most of Durham's political contributions went to Republicans, but former Indianapolis Mayor Bart Peterson collected $2,000, and former U.S. Rep. Baron Hill received $5,000. Adam Kisch, spokesman for the Marion County Democratic Party, said he did not know whether the men, both Democrats, had returned the contributions.

Durham and two business partners, James Cochran and Rick Snow, were arrested March 16 after being indicted on 12 felony counts, including conspiracy to commit wire and securities fraud.



 

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