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Fair Finance trustee renews call for return of political donations

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The trustee in the Fair Finance bankruptcy has renewed a call for recipients of political contributions from accused Ponzi schemer Tim Durham to return the tainted cash after a federal grand jury indicted Durham on 12 felony counts.

In a statement, Trustee Brian A. Bash thanked Indiana Sen. Mike Delph for doing "the right thing" and returning $10,000, and implored fellow elected officials including Gov. Mitch Daniels and former Marion County Prosecutor Carl Brizzi to follow suit. Daniels and Brizzi each received about $200,000 from Durham.

Bash expressed disappointment at hearing, through the media, that some of the recipients of Durham's campaign donations—including Daniels—had no plans to return the money since it was already spent.

"Such a glib response is not a defense, and it trivializes the losses suffered by the victims," Bash wrote. "We understand that the campaigns did not plan to have to return these contributions, but the victims also did not plan to be cheated."

The statement said Daniels at least responded to the trustee's request, unlike most others, and the trustee hopes "for mutual resolution through continued discussions." A spokeswoman for Daniels did not return a phone message or e-mail Monday morning.

Brizzi had not yet seen the trustee's statement when reached by email Monday. He asked what year Durham acquired Fair Finance. In response to the answer, 2002, Brizzi wrote: "I will give this further thought."

Brizzi was first elected prosecutor in 2002 and re-elected in 2006.

The trustee noted he would prefer to recover money from politicians "amicably," but would not hesitate to take legal action if necessary. He singled out Daniels, Brizzi, Lawrence Mayor Paul Ricketts, the Indiana Republican State Committee and the Greater Indianapolis Republican Finance Committee.

Marion County Republican Party Chairman Kyle Walker expressed sympathy for the victims of Fair Finance but said that Durham's roughly $50,000 in contributions to the local party have "long since been spent in good faith."

"All funds now available have been contributed by donors who wished them to be spent for the sole purpose of electing current and future candidates," Walker wrote in an email. "I feel it would be a violation of my ethical and fiduciary responsibility to those donors to spend their funds in any other manner—no matter how worthy the cause."

Besides Delph, at least one other Republican has returned Durham money. Former Republican candidate for Marion County sheriff Tim Motsinger returned all financial contributions and loans that his campaign got from Durham, who served as his campaign finance manager. He said the loss of funds made him unable to compete and withdrew from that race.

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. Both are Democrats. Adam Kirsch, executive director of the Marion County Democratic Party, said he did not know whether they 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. They're accused of defrauding about 5,000 investors in Akron, Ohio-based Fair Finance Co. of more than $200 million.

Full coverage of the Durham case can be found here.

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  • What About Ricketts?
    Mayor Ricketts of Lawrence took $80,000 from Durham for a small town mayors race. All of them Dems/Reps need to return the stolen cash.
  • bank robbery
    So the key to robbing the bank is to spend the money before you are caught and then there is no penalty. I don't buy this....the money is spent line of b.s.
  • Its Spent
    If the money is spent, its spent. Are they going to go to the retailers where Timmy bought his suits and ask for the money back or the car dealerships where he bought his cars and ask for the money? If politicians, like Daniels and the Marion County Republican Party, spent the money - its gone. That's part of loosing money
    • Balance
      Many if not all big donors cover all the bases by giving money to both Republicans and Democrats. Are Democrats going to give their money back?
    • GOP Payoff for sure
      Is it no wonder that the GOP benefited beyond reason from Durham. Is it no wonder that a GOP institution like Servas bailed the guy out of jail. How much did Servas get in his elections from Durham. How much did the GOP get total. I guess it is all pay back time.
    • re
      you'll enjoy this--Rick Snow.

      http://projects.propublica.org/recovery/item/20110101/297837
    • Others?
      What about the other donations (non-profit) Durham made since 2002? No one seems to be asking about those.
    • outrageous-
      Nice to see our Mayor's name is MISSING from the list! It's called integrity!
    • Um, Yum!
      Why should they? The reason white collar crime is so pervasive in Indianapolis is because these guys can.

      Was anyone charged on insider trading on Brightpoint and/or Cellstar? NO.

      Was Mitch Daniels charged on insider trading or self-dealing on IPL? NO. In fact, he became governor and is wealthy beyond our dreams!

      Has Carl Brizzi been charged on insider trading on Cellstar and/or Red Rock Pictures? NO. Has Carl Brizzi been charged with self-dealing or a felony conflict of interest on Elkhart? NO.

      If you want to commit a white collar crime, move to Indianapolis. The only reason Durham was charged is because the press would not let up and because a very good FBI agent team--two lone guys- in Indianapolis happens to also think you shouldn't steal peoples life savings and laugh on tv about it.

      By the way Rick Snow needs some money for legal fees. Please visit his new business, Fuzziwigs up at Hamilton Town Center. It only cost him about $340K to set up. He must just manage money better than Tim because his attorney says he is innocent and did not know as CFO that you can't pay a semblence of debt on $227M outstanding with no income coming in. But hey, give him a break and please shop at his business listed under the name of his children abbreviated as Kylex Holdings dba Fuzziwigs. When you are under stress carbs at the way to go!

      http://www.sweetsfromheaven.com/requirements.php
    • another take
      other possibilities
      1) they believe Tim & Co. will prevail (innocent until proven guilty)
      2) the allegedly defrauded investors and their sympathizers are not constituents of the recipients of the campaign $, so nothing gained by returning $.
      3) promises made in exchange for the $ contributions have already been fulfilled.

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    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!

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