Law

Fair Finance investors fear money is disappearing

January 27, 2010
Greg Andrews
Ohio residents who attended investor meeting say recovering funds hinges on locking down assets that remain.
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Durham yacht up for sale; asking price $4.8 million

January 26, 2010
Greg Andrews
Indianapolis financier Tim Durham's famed 98-foot yacht is up for sale for $4.8 million. Durham has been selling some of his holdings in recent months as financial pressures have intensified after the FBI raided his offices in Indiana and Ohio.
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Simon Property Group enters dispute over founder's fortune

January 25, 2010
Cory Schouten
Simon Property Group Inc. is suing Bren Simon, the widow of company founder Melvin Simon, over her effort to convert part of her late husband's ownership stake in the publicly traded mall giant into common shares or cash.
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Simon says husband's shrinking fortune spurred new will

January 21, 2010
Greg Andrews
Bren Simon says in a new court filing that her billionaire husband Mel Simon granted her a bigger share of his fortune in the last year of his life because of alarm over Simon Property Group's plunging stock price and a sharp cut in its cash dividend.
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Former attorney sentenced in fraud case

January 20, 2010
A former attorney who pleaded guilty to mail fraud has been sentenced to three years probation for submitting inflated bids on foreclosed homes to the company for which he worked and pocketing the difference.
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Bank says Durham had no right to sell Duesenberg

January 18, 2010
Greg Andrews
A legal brouhaha over the recent auction of a Duesenberg automobile by Tim Durham has taken a new twist, with Durham's bank charging the financier didn't have the right to sell the car in the first place.
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Ohio lawmaker wants Fair Finance owners' assets frozen

January 15, 2010
Greg Andrews
An Ohio congressman is upset the U.S. Attorney’s Office in Indianapolis isn’t seeking to freeze the assets of Fair Finance Co. owners Tim Durham and Jim Cochran.
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Durham trailer-maker sued for nearly $1M

January 14, 2010
Greg Andrews
First Merchants Bank is seeking nearly $1 million from Tim Durham and his companies through a recently filed loan-default lawsuit.
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Dow Agro in legal skirmish over canola oil

January 14, 2010
Bloomberg News
Indianapolis-based Dow AgroSciences LLC has sued Cooper Industries Plc in an effort to clarify its rights to make a canola-based fluid used in electrical transformers.
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Indy man gets 2 years for extorting insurance firm

January 13, 2010
Associated Press
Kevin Stewart stole a computer server that contained the names and confidential information of 900,000 people.
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Investors in failed Church Extension poised to recoup 70 percentRestricted Content

January 9, 2010
Greg Andrews
Professionals liquidating the not-for-profit have so far recovered nearly 68 percent of the $82 million owed investors.
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Law firm Alerding Castor Hewitt hires ExactTarget's ex-general counselRestricted Content

January 9, 2010
Peter Schnitzler
William Boncosky spent seven years at the ExactTarget, a span when the firm's employment grew from 14 to 500.
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Simon family fight breaks out over billionaire's fortune

January 8, 2010
Greg Andrews
Melvin Simon’s daughter Deborah filed court papers Thursday afternoon charging her father was coerced into approving a new estate plan in February 2009 that dramatically increased the amount of his fortune going to her stepmother, Bren.
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Former cemetery owner avoids prison time

January 8, 2010
Scott Olson
Robert E. Nelms received an eight-year sentence that will be served through a community corrections program after pleading guilty to theft and securities fraud.
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Johnson County woman guilty of securities fraud

January 7, 2010
Wanda Robertson was sentenced to eight years in prison, with four years suspended, after pleading guilty Wednesday.
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More than 1,100 attend Fair investor meeting

January 6, 2010
Greg Andrews
A meeting of Fair Finance Co. investors held Tuesday night at a northeast Ohio hotel drew an overflow crowd of 1,100 people.
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Ex-investor sentenced in Indiana mortgage fraud

January 5, 2010
 IBJ Staff and Associated Press
Robert A. Penn, 44, of Naples, Fla., received seven years in prison and was ordered to pay more than $11 million in restitution.
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IBJ, Wall Street Journal seek unsealing of Durham records

January 5, 2010
Greg Andrews
Indianapolis Business Journal and The Wall Street Journal have joined the legal fight to unseal search warrant documents related to the federal investigation of businessman Tim Durham.
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Accountant files suit against former firm, partner

January 4, 2010
Scott Olson
A contentious split between two prominent accounting partners is getting even uglier after a lawsuit filed by one of them has the other pledging to counter sue.
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Real estate lawsuit pits Situs vs. Situs

December 31, 2009
Peter Schnitzler
Texas real estate consultancy sues local brokerage over rights to name they both share.
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Would-be buyer: Durham double-dipped on Duesenberg deal

December 30, 2009
Andrea Muirragui Davis
Tim Durham struck a deal to sell a vintage Duesenberg for $1 million before auctioning off the same vehicle for $2.9 million, according to the small-town Michigan mayor who said he agreed to buy it.
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Fair Finance's past gave investors, regulators false comfort

December 26, 2009
Greg Andrews
The Akron company had been meeting its obligations for decades before Tim Durham acquired it seven years ago.
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Judge approves concrete price-fixing settlement

December 22, 2009
A federal judge has preliminarily approved a settlement in which a central Indiana concrete company agreed to pay $29 million to resolve a class-action antitrust lawsuit alleging it and six other companies conspired to fix the price of ready-mixed concrete.
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Fair Finance investors file additional fraud suit

December 22, 2009
Greg Andrews
More than three dozen residents of a northeast Ohio county who invested in Fair Finance Co. are seeking to recover more than $2.1 million from the shuttered company.
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Freight Masters files bankruptcy after losing business from Chrysler, BoeingRestricted Content

December 19, 2009
Chris O'Malley
The minority-owned logistics firm is also involved in a legal battle with a Washington state firm over the loss of its Boeing business.
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  1. By Mr. Lee's own admission, he basically ran pro-bono ads on the billboard. Paying advertisers didn't want ads on a controversial, ugly billboard that turned off customers. At least one of Mr. Lee's free advertisers dropped out early because they found that Mr. Lee's advertising was having negative impact. So Mr. Lee is disingenous to say the city now owes him for lost revenue. Mr. Lee quickly realized his monstrosity had a dim future and is trying to get the city to bail him out. And that's why the billboard came down so quickly.

  2. Merchants Square is back. The small strip center to the south of 116th is 100% leased, McAlister’s is doing well in the outlot building. The former O’Charleys is leased but is going through permitting with the State and the town of Carmel. Mac Grill is closing all of their Indy locations (not just Merchants) and this will allow for a new restaurant concept to backfill both of their locations. As for the north side of 116th a new dinner movie theater and brewery is under construction to fill most of the vacancy left by Hobby Lobby and Old Navy.

  3. Yes it does have an ethics commission which enforce the law which prohibits 12 specific items. google it

  4. Thanks for reading and replying. If you want to see the differentiation for research, speaking and consulting, check out the spreadsheet I linked to at the bottom of the post; it is broken out exactly that way. I can only include so much detail in a blog post before it becomes something other than a blog post.

  5. 1. There is no allegation of corruption, Marty, to imply otherwise if false. 2. Is the "State Rule" a law? I suspect not. 3. Is Mr. Woodruff obligated via an employment agreement (contractual obligation) to not work with the engineering firm? 4. In many states a right to earn a living will trump non-competes and other contractual obligations, does Mr. Woodruff's personal right to earn a living trump any contractual obligations that might or might not be out there. 5. Lawyers in state government routinely go work for law firms they were formally working with in their regulatory actions. You can see a steady stream to firms like B&D from state government. It would be interesting for IBJ to do a review of current lawyers and find out how their past decisions affected the law firms clients. Since there is a buffer between regulated company and the regulator working for a law firm technically is not in violation of ethics but you have to wonder if decisions were made in favor of certain firms and quid pro quo jobs resulted. Start with the DOI in this review. Very interesting.

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