Legal Issues

Fair Finance trustee renews call for return of political donations

March 28, 2011
Cory Schouten
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.
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Feds go after Fair Finance CFO, despite murkier motive

March 26, 2011
Greg Andrews
Unlike the other defendants, Fair Finance executive Rick Snow isn’t accused of tapping the company for a bevy of loans, then failing to repay the money.
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Brightpoint settles lawsuit with vendor

March 25, 2011
Scott Olson
The distributor of wireless phones agreed to drop its complaint, which accused a Massachusetts software provider of fraud and negligence in addition to breaching its agreement and warranty.
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Durham's ex-wife explains bond for indicted financier

March 23, 2011
Scott Olson
Joan SerVaas issued a written statement saying she and her father signed off on a $1 million bond because they're confident Tim Durham will continue to cooperate with federal authorities and abide by the conditions of his release.
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Formstack stuck in suit by Oklahoma tech firm

March 23, 2011
Chris O'Malley
Online form builder says a lawsuit from Tulsa-based MacroSolve Inc. against it and three other tech firms is without merit.
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Indicted financier Durham ordered released on $1M bond

March 21, 2011
Associated Press
A federal magistrate in California has ordered a former Indiana businessman accused in a $200 million fraud scheme released on $1 million bond.
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EEOC: Local bar fired worker over pregnancy

March 21, 2011
The federal agency is suing the owner of the Wild Beaver Saloon in Broad Ripple for allegedly firing an employee because of her pregnancy, which violates the Civil Rights Act of 1964.
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Ex-Countrymark CEO clamors for conviction reversal

March 21, 2011
 IBJ Staff
David Swanson, who was sentenced to 15 years in prison for skimming $2.7 million from CountryMark in 2003, was in court in Indianapolis last week, trying to get his sentence reduced or conviction overturned.
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Indiana senator returning cash from troubled financier

March 21, 2011
Associated Press
An Indiana state senator is returning campaign contributions from Timothy Durham, a former Indianapolis businessman charged with running a Ponzi scheme that defrauded investors of more than $200 million.
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Westfield businessman jailed for tax evasion

March 18, 2011
 IBJ Staff
U.S. Attorney Joseph Hogsett said Joseph Hinshaw, 57, under-reported his income from 2003 to 2007 to avoid taxes and to obtain federal and state student loans.
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Fair Finance investors likely to recover little money

March 17, 2011
Scott Olson
Authorities say Fair Finance, led by indicted businessman Tim Durham, owes 5,200 investors $230 million. But they're likely to recoup just a "teeny-tiny" fraction.
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Officials: Fair Finance largest fraud case in state's history

March 16, 2011
Scott Olson
Indictment_WatchVideoTimothy S. Durham (pictured at far left), James F. Cochran and Rick D. Snow were all arrested on Wednesday following a grand jury indictment.
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BREAKING: Durham, two other executives indicted for fraud

March 16, 2011
 IBJ Staff
Beleaguered local businessman Tim Durham and two other executives tied to bankrupt Fair Finance Co. have been indicted on felony charges of wire fraud, securities fraud and conspiracy to commit wire fraud and securities fraud. The Securities and Exchange Commission also filed a complaint against the men in federal court.
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Local business accused of selling illegal immigration services

March 9, 2011
The Indiana Attorney General's Office filed suit Wednesday against The Mexican Civic Association of Indiana Inc. for allegedly offering immigration advice without a license to practice law.
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Brightpoint suing software vendor for negligence

March 3, 2011
Scott Olson
The local distributor of wireless phones has filed suit against Massachusetts-based Emptoris Inc., and is looking to recoup millions of dollars it paid the company in addition to the amount it says it spent trying to fix the problem.
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U.S. fines 3 theater companies over child labor

March 1, 2011
Associated Press
Operators of three of the nation's biggest movie theater chains have paid more than $277,000 in federal fines over allegations that they violated child-labor laws, the Labor Department announced Tuesday.
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Intellectual property theft rising quicklyRestricted Content

February 26, 2011
Bob Kronemyer / Special to IBJ
Filching ranges from crude to highly sophisticated, experts say.
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ChaCha sues Taiwanese company for trademark infringement

February 25, 2011
 IBJ Staff and Bloomberg News
Carmel-based ChaCha Search Inc., operator of an online question-and-answer site, sued Taiwanese company HTC Corp. for trademark infringement over the planned introduction of a smartphone called the ChaCha.
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Broadband provider's legal fight escalates

February 24, 2011
Scott Olson
Indiana-based Omnicity Corp. has filed countersuits against the owners of two companies it acquired who are charging in court that Omnicity failed to fully pay them for the acquisitions.
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Fair bankruptcy trustee hears from prospective Lampoon suitors

February 22, 2011
Greg Andrews
Fair Finance Co.’s bankruptcy trustee is getting inquiries from parties interested in buying National Lampoon Inc., the Los Angeles-based comedy business led by embattled Indianapolis businessman Tim Durham.
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Financier in botched deal sues Emmis over loan to Smulyan

February 18, 2011
J.K. Wall
In uncommonly sharp language, attorneys for New York-based Alden Global Capital accused Emmis' board of “a blatantly self-dealing transaction” that allows Smulyan to “pursue a personal litigation vendetta” against Alden.
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E-mails detail Fair Finance partner's money woes

February 17, 2011
Greg Andrews
E-mails filed in bankruptcy court this week show that Fair Finance Co. co-owner Jim Cochran spent money with such abandon that by 2008 he was living off credit cards and imploring CEO Tim Durham to more than double his salary to $1 million.
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Elevator company wants indemnity from IRT

February 17, 2011
Kathleen McLaughlin
An Illinois elevator company wants a judge to force the Indiana Repertory Theatre to protect it from liability in a lawsuit brought by a catering worker who fell down the elevator shaft at the downtown theater in 2007.
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Appeals court agrees to hear challenge in Simon case

February 16, 2011
Cory Schouten
The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.
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Hamilton County woman to be sentenced in stock scheme

February 16, 2011
Prior to Wednesday's sentencing, the Secretary of State's securities division said it reached an agreement to liquidate the assets of Dorothy Geisler, including her home on Geist Reservoir.
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  1. First, let me say that I love the idea of communities being self-sufficient and people in the community not needing cars, living, working and shopping all in their neighborhood. To sum it up; I love good urban planning and hate urban sprawl. However, there are two reasons that I am against this development. First, this building doesn't fit. Density can occur in Ripple by building up top the street and better use of land. The scale of this project should be downtown. Secondly, I would be willing to bet that if a whole foods in Ripple is built, the Nora store would be closed. Here's my reasoning. The Nora Whole Foods expansion plans have been put on hold. I'm guessing they are waiting to see what happens with the Ripple proposal. Communities next to each other should work together to end sprawl and not work against each other and take other neighbors assets. Develop something both communities can be proud of and will attract more development and density. There's my soap box for the day.

  2. My apologies, Lou - it was the Indy Star that printed cost for entertaining "celebrities" during Indy 500. Sorry for confusing the always timely IBJ with Indy's Gannett reprint news source.

  3. That's fine if you want a grocery store that has festivals and live music. I guess with the prices they charge, they can afford to host such activities. As for me, I choose to spend my money more wisely and if I want to go to a festival or a concert, I will pay for that separately - not through my grocery bill.

  4. TIF is not just to attract development but to attract a higher use for that development. Carmel wisely is using TIF for numerous public parking garages. Asphalt seas of parking pay little taxes and bring even less value to a commercial area. Also density is what is going to save Indy and Broad Ripple. The days of trying to compete with burbs are long gone.

  5. The Prestige was an awesome movie.

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