The Fair Finance Co. bankruptcy trustee has sued Carmel businessman Dan Laikin, saying he used his position as a Fair director
to borrow more than $19 million from the company that he now must pay back.
The suit, filed late Friday in northern Ohio, is the first major legal move by Fair Trustee Brian Bash to untangle the morass
of related-party loans that propelled the Akron, Ohio-based company into insolvency. By last year, the suit says, Fair “had
been utterly looted through insider loans.”
The case represents another setback for Laikin, the former CEO of Los Angeles-based National Lampoon Inc., who pleaded guilty
last fall to manipulating the stock price of that company and is awaiting sentencing.
Laikin, 48, is a longtime friend of Fair co-owner and CEO Tim Durham, an Indianapolis businessman who’s the target
of criminal securities fraud probe. Laikin served as director of Fair Finance, a consumer-loan company, from 2006 to 2009.
During that time, the suit says, Laikin “used his insider status to obtain loans ... on commercially unreasonable terms
and without formalities,” such as legally posting the assets he pledged as collateral. As a result, according to the
suit, Laikin was able to use those assets as collateral to other creditors.
An attorney for Laikin could not be reached Tuesday. Trustee Bash, a partner in the Cleveland law firm Baker & Hostetler,
was not available for comment.
Records filed with securities regulators show Durham used Fair like a personal bank after buying it in 2002, with money flowing
to support an ostentatious lifestyle, friends and business associates, as well as other companies he owned.
Related-party loans now top $168 million and represent the primary asset available to pay Ohio residents who purchased more
than $200 million in unsecured investment certificates from Fair. Fair in November halted payments on the certificates, which
were supposed to pay interest rates as high as 9.5 percent.
Records show Fair Finance lent to its parent, Fair Holdings, which in turn lent to DC Investments, a holding company jointly
owned by Durham and Indianapolis businessman Jim Cochran. DC Investments, known as DCI, then issued tens of millions of dollars
in loans, many of them to insiders.
“Fair Holdings and DCI essentially used [Fair Finance] as a cash cow to personally enrich the owners and other insiders
and affiliates,” the trustee’s lawsuit says. It notes that Fair Finance “generally did not collect regular
payments on loans to its parent companies, not even interest,” and took no steps to seize collateral on insider loans.
The Laikin loans technically came from DCI, though the three firms “are so entangled that they are one and the same
company,” the trustee says in court papers. He said he soon will be filing papers to fold Fair Holdings and DCI into
Fair Finance’s bankruptcy case.
Even though that hasn’t happened yet, Bash said in court papers that he decided to move forward with the Laikin suit
to assert Fair Finance’s security interest in a Los Angeles home that Laikin has listed for sale for $8.99 million.
Laikin, brother of Brightpoint Inc. CEO Bob Laikin, also posted stock held in one of Durham’s investment accounts as
collateral, according to the suit. The bulk of that collateral is Brightpoint Inc. stock worth $1.7 million.
Durham, 47, has denied doing anything wrong. His attorneys say in court filings that Fair Finance provided prospective purchasers
of Fair's investment certificates offering circulars that disclosed insider loans and other risks.
However, investigators are trying to build a case that Durham duped investors. In a court filing late last year, the U.S.
Attorney’s Office in Indianapolis alleged Durham was operating a Ponzi scheme, using money from the sale of new investment
certificates to pay off prior purchasers.

















Well, we could blame ABC because they haven't advertised the INDY 500....not during the HUGE TV rating shows like Dancing with the Stars (of which IICS driver Helio Castroneves is a former champion). He never won a CART championship, did he?
We could blame the new car...because it's ugly and has a V6 that has less horsepower than the pace car. CART (to my knowledge) never had that problem with cars they presented at the speedway years 1979 through 1995.
We could blame the fencepost, but that would be crass. Or maybe Danica? Or maybe Jean Alesi....or boost increases from constant rules tampering. Maybe we could blame Penske who still is winning everything as usual.
Maybe we can blame the world for not understanding the the great Indy gods who regularly twist things in such ways that we mere mortals must only accept, but never question.
So, it does beg the question....who is responsible if the series and Indy continues to flounder? Are the responsibilities so diffuse and complicated that no one really is to blame for it's fall from grace?
I urge the speedway to sign on for 7 more years of ABC coverage and 7 more years of NBC Sports Network coverage. It been win-win so far....*cough* *cough*
"They're problem was thinking they were bigger than the institution that made their existence possible. That turned out to be a mistake."
The above quote made by Disciple shows his continued inability to grasp a simple concept: CART is dead. Twice. It provided a brilliant stage for some of the best open wheel racing in all the past century of racing. It's gone DOOD, get over it.
PLEASE explain, Mr. Disciple of INDYCAR, why you continually hammer home, even on the eve of the 2012 Indy 500, this same point...over and over? Seriously, why does the legacy of CART haunt you so much?
The same problems that affected the sport for over a century of AOW racing STILL affect it now. Your answers (or lack thereof) belittle the very sport you claim to love. Indy rots in your hands yet you request status quo. You negate salient points with drivel...always.
Indy is not going to die. But, it is dying...are you willing to accept that? "Indy is a hot mess"....it's true. Yet you want it that way? What is wrong with you?
I just want to make sure I am reading this right - Wellpoint is eliminating 112 employees. Wellpoint is a customer of Repucare. Repucare is creating 82 jobs. I sure hope they are hiring Wellpoint employees. Does not make sense!
Triscuts...love um!
Of course the fair will go on. Don't you big city reporters understand county fairs? Get outside the beltway and see what life is really like!