IBJNews

Newspapers seek to unseal Durham search warrants

Back to TopCommentsE-mailPrint

Daily newspapers on Thursday filed a motion seeking to unseal search warrant documents related to the federal investigation of Indianapolis businessman Tim Durham and Akron, Ohio-based Fair Finance Co.

An attorney for the Akron Beacon Journal and The Indianapolis Star filed the motion, citing “significant overriding public interest in the disclosure of the search warrant documents.”

“Transparency in the investigation into Mr. Durham’s financial affairs can only serve to enhance the public’s faith in its government,” according to a memorandum filed by the newspapers Thursday afternoon. “The sealing of such documents only serves to undermine the integrity of the judicial process and enhance the perception that Mr. Durham’s political connections will save him.”

FBI agents on Nov. 24 executed search warrants at Durham’s Indianapolis office and at Fair’s Akron headquarters. Agents hauled away computer equipment and bankers boxes full of documents. Investigators have refused to provide information on the warrants, saying they are sealed.

The raids occurred one month after IBJ published an investigative story that raised questions about whether Fair Finance had the financial wherewithal to repay Ohio investors who had purchased nearly $200 million in investment certificates.

The story reported that, since Durham bought the consumer-loan business in 2002, he had used it almost like a personal bank to fund a range of business interests, some of them unsuccessful. The story noted that he and related parties owe Fair more than $168 million.

Court papers filed by the U.S. Attorney’s Office in Indianapolis on Nov. 24 allege Fair operated as a Ponzi scheme, using money from new investors to pay what it owed prior investors, thereby “lulling the earlier victims into believing that their money was being [handled] responsibly.”

Durham, a major contributor to many Republican political candidates, has denied doing anything improper.

 

ADVERTISEMENT

  • http://www.safemeds.com/
    I like this comment: "My wife heard he (Durham) hired some hot shot law firm Barnes Thornberg something and gave them a bunch more of investor money to defend him from stealing the investor money in the first place..." is very interesting!!!
  • IndyMedia

    That doesn't provide many details about the IndyMedia situation. IndyMedia was served by the DOJ (regardless of what party is in charge, you don't need a designation of R, D, I, to push people around), demanding a list of IP Addresses to see where they were connecting from: Were they connecting from within Indiana and could someone do some homework to track them down?) in addition to user information and the gag order.

    IP Addresses aren't always a good way to track people down.

    The first thing IndyMedia did - and it's what everyone facing this should do - is contact the EFF. They (EFF) looked everything over, indicated it was incomplete/inappropriate; i.e., "tell them to pound sand." There was a feeble attempt or two to improve upon their bluff, then the DOJ suddenly disappeared like a fart in the wind.

    My guess has been that they didn't want to go by the book because they didn't have enough information to show cause. Fake it, bully people around a bit, see if you can get away with it. After all, how many people are going to resist these guys without explicit understanding re: what they were trying to do?

  • IndyMedia

    That doesn't provide many details about the IndyMedia situation. IndyMedia was served by the DOJ (regardless of what party is in charge, you don't need a designation of R, D, I, to push people around), demanding a list of IP Addresses to see where they were connecting from: Were they connecting from within Indiana and could someone do some homework to track them down?) in addition to user information and the gag order.

    IP Addresses aren't always a good way to track people down.

    The first thing IndyMedia did - and it's what everyone facing this should do - is contact the EFF. They (EFF) looked everything over, indicated it was incomplete/inappropriate; i.e., "tell them to pound sand." There was a feeble attempt or two to improve upon their bluff, then the DOJ suddenly disappeared like a fart in the wind.

    My guess has been that they didn't want to go by the book because they didn't have enough information to show cause. Fake it, bully people around a bit, see if you can get away with it. After all, how many people are going to resist these guys without explicit understanding re: what they were trying to do?

  • Letter to Editor of Akron Beacon Journal posted today
    Shocking debacle at Fair Finance

    Being a 77-year-old retiree (my last 13 years were spent at Fair Finance in the sales finance collection department) and an investor at Fair Finance, I am surely surprised and shocked by the debacle (''Fair leaves investment customers out in cold,'' Dec. 8).

    Working during the Don Fair era and retiring with a fully paid, lump-sum company pension was a delight. Fair is the finest businessman I have ever met, a man of Christian character and integrity.

    Apparently the new owners lack the attributes always exhibited by Don Fair and his staff. Tim Durham should apologize and amend his policies, if indeed his actions and motives are proved in court.

    He has already caused much criticism to be brought against the trusted name of Fair Financial Services.

    Isn't it ironic that the government would investigate a company that survived the Great Depression and many recessions and hard times, while the banks and savings and loans are failing despite ''government insurance''?

    My faith tells me that ''God works all things together for good to those that love him and are called according to his purpose.''

    My sympathy and prayers go out to all investors, Fair Finance employees, and the Fair family that justice will be done for all, and that God's will is done in all.
    Robert L. Rosnack
    Akron
  • DOJ request
    I also received a large document request from the DOJ but there weren't any questions that really delve into what looks like what happened. My wife and I didn't even know that Fair Financial wasn't owned by Don Fair. We sure didn't know that this character named Tim Durham was out spending our money trying to be the worlds richest man. My wife heard he (Durham) hired some hot shot law firm Barnes Thornberg something and gave them a bunch more of investor money to defend him from stealing the investor money in the first place. That's a crock. Attorneys defending attorneys from legally constructed crimes and making sure all the important people like the Gov and County Prosecutor are paid with the money too so everyone is contaminated. Durham may or may not be convicted and he may or may not be charged but there are a lot of angry people who will come and get their money so he might as well fess up now and save everyone a lot of time and trouble.
  • ...
    http://biz.yahoo.com/e/091218/clhi.pk8-k.html
  • Morrison's Friends
    U.S. Attorney Timothy M. Morrison likes to help his GOP friends. Check this out. http://rrracket.blogspot.com/2009/11/what-was-indianas-us-attorney-morrison.html
  • FBI info request
    I received a 5 page document from Dept of Justice Indiana district asking questions about Fair Finance. Tim Durham, and James Cochran. Due by Jan 15th
  • Get Real
    Ryan Seacrest will come out of the closet before those documents are made public.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

ADVERTISEMENT