A judge has stepped in and blocked embattled Indianapolis businessman Tim Durham and other directors of Dallas-based CLST
Holdings Inc. from dissolving the struggling company at the close of business on Friday.
New York-based Red Oak Partners, CLST’s largest shareholder, won the temporary restraining order from a Dallas County
District Court judge on Wednesday. It had argued CLST hurriedly announced the liquidation plan on Feb. 9 in order to avoid
having to hold an annual meeting next month.
The judge earlier this month ordered CLST to hold the meeting March 23, which would be its first since 2007. Two candidates
backed by Red Oak are scheduled to run as dissidents for board seats at that meeting.
“Our view is they are desperate not to have us get inside and look at all the books and records,” said David
Sandberg, a Red Oak portfolio manager who is one of the candidates.
In the proxy statement filed in preparation for the meeting, Red Oak wrote in bold letters, “We do not trust the current
board.”
Durham serves as chairman of the company, which was known as CellStar and distributed cell phones before selling off those
operations three years ago.
Durham won election soon after the asset sales, in part by pledging to dissolve the company quickly and give shareholders
remaining cash. But about a year ago, CLST reversed course and began buying consumer finance contracts, including millions
of dollars from Fair Finance Co., an Akron, Ohio, firm that Durham leads and co-owns.
The related-party purchases set off a storm of controversy and spurred CLST board member Manoj Rajegowda to resign in protest.
A letter that Rajegowda's attorney sent the company said he "was not informed of this transaction and most strenuously
objects to it."
CLST characterized the deals as good investment opportunities. But in a filing with Ohio securities regulators, Fair acknowledged
it was financially strained and “felt it necessary to liquidate a large portion of its finance receivable portfolio.”
At least some of the receivables CLST purchased soured, causing losses.
In December, CLST acknowledged in a regulatory filing that the U.S. Securities and Exchange Commission had launched an investigation
of the financial dealings between it and Fair and had subpoenaed a mountain of information.
Durham, Fair’s CEO, also is ensnarled in a criminal probe of that company led by the U.S. Attorney’s Office in
Indianapolis. In court papers filed in November, the office alleged Durham operated Fair as a Ponzi scheme, using money raised
by selling investment certificates to Ohio residents to pay off earlier purchasers.
IBJ reported in October that Durham and other insiders have taken more than $168 million out of Fair in the form
of insider loans. The story said the heavy borrowing raised questions about whether the company has the wherewithal to repay
the Ohio investors, who are owed more than $200 million.
Red Oak officials say they support liquidating CLST, with whatever assets remain after expenses going to shareholders. But
because the officials distrust CLST’s board, they want their nominees serving as board members first.
The temporary restraining order blocking dissolution will remain in place until March 10. On March 9, the Dallas judge will
hold a hearing on whether to make the temporary injunction permanent.
CLST shares trade thinly on the "pink sheets" for about 9 cents each.
The stock has attracted several other Indianapolis investors in recent years, including Jim Cochran, co-owner of Fair Finance,
and Carl Brizzi, Marion County’s prosecutor.

















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In the interim for those who want the truth read the analysis section of fairfinanceinvestors.com, and pay specific attenion to the Dan Laikin loan section, and then ask yourself why Dans name is now missing from the DC Loans section and replaced with a $21.6M dollar writeoff. If this is a write off for Dan, guess what? The bankruptcy trustee is not going to be happy at all about that.
Makes me wonder if this is why Laikin's sentencing was pushed back from this week to April 9th. Looks like all the crows are coming home to roost for the entire gang.
http://www.fairfinanceinvestors.com
http://www.ohio.com/news/break_news/85933677.html
http://www.wishtv.com/dpp/news/business/tim-durham-owes-thousands-in-unpaid-taxes
You know what you did, you total pieces of garbage who prey on elderly people like my uncle. Wait until you guys get preyed upon in prison, hopefully it will be an Ohio state prison and very soon.
I will make a prediction. Charges by June 1.
There are at least 239 articles and 61 blog posts on the Simons and/or their interests so Durham does not stand out as "special."
Since you "insiders" insist on posting, let's make this simple. Answer these questions or forever shut up:
1) Why did Durham do over $1.5 BILLION in offerings for investment certificates for a fledgling factoring company that is doing, as his own employee Robert Latham testified to at the bankruptcy hearing, "2 to 3M in receivables?"
2) Why were no UCC filings for "loans" and/or "mortgages" recorded against Dan Laikin and others in the group? After all, Dan allegedly received over $20 Million of Fair Finance money.
3) Why is it that Tim Durham's only two investing successes, outside of the Hearst Duesenberg which has obvious questions as to the integrity of the auction that sold it, are Brightpoint and his timely purchsae of Cellstar shortly before Brightpoint bought Cellstar?
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