Durham files to appeal federal conviction

IBJ Staff
December 17, 2012
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Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.

Durham had 14 days to file for the appeal following the sentencing. The appeals notice appeared Monday morning on the electronic docket of the U.S. District Court in Indianapolis.

The 71-page notice does not list an argument for appeal. Durham’s lawyer, John Tompkins, did not immediately return phone calls from IBJ.

The appeal will be heard by the Seventh Circuit Court of Appeals in Chicago.

Durham, 50, likely will spend the rest of his life behind bars after federal Judge Jane Magnus-Stinson sentenced Durham to 50 years for defrauding Ohio investors of $250 million.

A federal jury in June found Durham guilty on all 12 felony fraud charges stemming from the collapse of Fair Finance Co. in Akron, Ohio. Durham co-owned the firm with Jim Cochran, who received 25 years. Rick Snow, the company’s chief financial officer, received a 10-year sentence.

Cochran's lawyer, Joseph Cleary, told IBJ Monday morning that his client also has appealed his conviction, and the notice should appear on the federal docket soon. Rick Snow's lawyer could not be reached for comment.



  • Attorney
    Be careful what you print on here, ol Johnny boy might not be too keen on someone reading the new trustee status report on fairfinancetrustee.com where the trustee recently discovered that Tim's defense was paid for by Lampoon, the story being different than what the trustee was originally told.
  • Lawyer
    Why appeal with the same attorney who didnt even try to defend you? Stupid. Hes guilty but still...worst defense of a crime ive ever seen. The other guy got 10 years with a public defender! Hahaha
    • And those whohelped him do it
      "Tim, I revised the following highlighted in yellow to That's correct. Excuse me. Okay. And the disclosure is for 17 million? Correct. All right. The first page, please? Could you look at 9 Q 10 A 11 include your comments and also raised the maximum to 12 38 million and extended your credit agreement through 13 January 2010. I need Gary to make the amendments to your 14 agreements.....that's Gary as in Gary Sallee, is it not? And didn't he own Plaza Del Racing which received how much (over a million) and why has he not been charged????? You can clearly see thse PURPORTED loans were BACKDATED....
    • LMAO!
      There is some humor in an otherwise bleak ruining of the lives of so many thousands of victims. Did you read the trustee status report today? Says Tim funded his defense through the coffers of National Lampoon. Am curious to see if there is going to be a bankruptcy lookback there, if so maybe Johnny boy will have to give the cash and gas money back. In reading the transcript it seems I noticed a major error Johnnyboy made in what seemed like an attempt to create a record for appeal. The judge was spoon feeding him but smartly so because I don't see anytechnical errors at all and if the case were ever to be remanded keep in mind the state of Ohio can ring him up on state charges so either way he is going to have a miserable existance for the foreseeable future in prison. All one has to do is look at what happened to MIchael Douglas's son Cameron Douglas in prison recently, not a fun life.
    • Tompkins
      Tompkins gives no reason for appeal. you don't say John? He didn't give much of a defense in court either! Must be nice to get paid as an attorney for nothing! LOL

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