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Convicted financier Durham says he can't afford a lawyer

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An Indiana financier and former chief executive of National Lampoon who was convicted of swindling investors out of about $200 million says he can't afford to hire an attorney to handle his appeal.

In federal court documents, Timothy Durham said his multimillion-dollar Indianapolis home is in foreclosure and all of his financial assets are tied up bankruptcy proceedings of the companies he used to control.

The appeal was filed Monday morning in U.S. District Court in Indianapolis.

Durham's home in Fortville, about 20 miles northeast of Indianapolis, has a $5 million mortgage but a free-market value of only $3 million, according to the documents.

Durham says his only income this year was $6,000 he received as a director of Dallas-based insurer CLST Holdings Inc. He also has stock in CLST and National Lampoon, the documents say.

Durham was sentenced to 50 years in prison last month on securities fraud and other convictions in the collapse of Akron, Ohio-based Fair Finance. He also was ordered to pay $202.8 million in restitution. Durham received credit for $6 million that already has been recovered.

Durham and two business partners were charged with stripping Fair Finance of its assets and using the money to buy mansions, classic cars and other luxury items and to keep another Durham company afloat. The men were convicted of operating an elaborate Ponzi scheme to hide the company's depleted condition from regulators and investors, many of whom were elderly.

Defense lawyers argued that Durham and the others were caught off-guard by the economic crisis of 2008, and bewildered when regulators placed them under more strict scrutiny and investors made a run on the company.

The trustee handling Fair Finance's bankruptcy did not return a phone call seeking comment Tuesday.

Durham's trial attorney, John Tompkins, said Tuesday that Durham would have a different attorney for his appeal. He said that Durham likely would be represented by a judge-appointed attorney or pro bono lawyer.

Tompkins said the appeal will likely argue that an FBI wiretap of Durham's cellphone was illegal. Tompkins sought to have evidence from those wiretaps thrown out, but the judge refused. Prosecutors said the wiretaps showed that Durham and his business partners discussed how to hide from investors that Fair Finance was running out of money in 2009.

Court documents also said that Durham would appeal the way in which investors' financial losses were calculated.

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  • Thanks for the link
    but this is the link that shows his mug shots. Scary dudes in there with him. http://bluhorse.com/Inmates/Grayson/Inmates.aspx
  • Tim's current housing status:
    Leitchfield, Kentucky. Lot of carbs there: https://www.documentcloud.org/documents/541247-durham-filing.html
  • too bad
    A jury of your peers found you guilty. The FBI and who knows else proved you had a massive scam......and you want to appeal your sentence of only 50 years. Sorry I can't find any sympathy for your current situation. I guess you didn't cause that either.
  • 18,250 days to go
    And I can't afford a Bugatti. So what?
  • What a Total Loser
    If you can't pay the Piper - the just sit your butt down in jail for 50 years and take your lumps! I have no sympathy (except for the taxpayers who are required by the Constitution to pay his lousy legal bill.) He is a total sociopath.
  • another scam
    I can't believe the taxpayers will have to foot the bill for this horrible man's defense. He is Marcus Schrenker on steroids. For both of those guys, and all like them, I quote the old cowboys who knew how to deal with people like these: "Get a Rope"
  • D-Listers?
    Maybe Timmy should try to get some cash from all his D-list celebrities he hung around. or maybe he can ask all his local buddies to pay him back his 'related party loans'. Timmy Timmy Timmy, you are a pathetic fool! Its funny how you wanted to be the 'richest man in the world'...and now you are nothing but a broke loser who will die in prison.
  • Falling Out?
    Apparently there was some sort of falling out between Durham and his lawyer, John Thompkins. Thompkins could try to make things right by handling the appeal at no charge. That would be an altruistic move even though a little belated.
  • Maybe Carl can volunteer
    do the same kind of job he did for Charlie White, who is innocent and could not have dreamed of the nightmare representation he endured. Read his appeal.
  • Quite interesting
    Maybe Tim should have saved some of the money he stole instead of using it to stalk Greg, Cory, Larry Michael and me, and waste it on trying to be the big shot. Of course, Carl and Scott and Gary and Kato and all his friends could help fund his defense. After all, the have greatly enjoyed the accoutrements he bestowed upon them.

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  1. Doug Henning!

  2. These guy were thugs — they grew up in freaking Haughville! Smh, sigh. If the mayor needs/wants "quality" Black Hoosiers who are NOT corrupt, give me a call — I know plenty. Land bank info here - http://www.kubepharm.com/indylandbank/IndyLandBank.html

  3. Magician and illusionist!

  4. The basic idea of nice apartments with parking and retail is a good one, but this design seems overwhelmingly big/tall for Broad Ripple. The size could be disguised a bit with lots of big trees/landscaping, but the complex is too massive to blend in easily. That section of canal between College and Westfield will also need to be upgraded on both sides. Nice apartments facing onto a nice promenade with shade trees/plantings could bring together the canal towpath/Monon recreation, the outdoor seating at existing restaurants, and this project into something that upgrades the whole area. A plan for the whole stretch makes more sense than facing nice new housing onto what looks like a ditch. Is there a plan? Does the public have input? Who pays? The apartment idea seems to be reasonable, but Whole Foods is not a good idea for appropriate retail. Besides the store being physically too big, there are already Fresh Market at 54xCollege and Whole Foods in Nora for fancy groceries. Good Earth and Kroger are within walking distance of the Shell site. There are at least 7 grocery stores within a safe bike ride. Whole Foods would add nothing but traffic congestion. This design is on the right track, but there needs to be more work done to ensure that it blends in with and enhances the existing community. A project that large will set a tone for that whole part of town. It could be a real asset, but only if done right.

  5. I did not move to Zionsville to live in Carmel. This and the subsequent developments to follow will ensure a vanilla uniformity of strip malls and apartment buildings as we seek to bring our town down to the least common denominator. We were warned before recent elections that pro-development council members would make sure their friends (landowners and developers) would be able to make their millions off of the exploitation of Zionsville. Why in God's name would we sell out the best preserved small town in the State of Indiana?

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