Law

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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Buyer of prized Durham Duesenberg alleges fraud

December 19, 2009
Greg Andrews
A Virginia businessman is suing Tim Durham, alleging he and other defendants manipulated the September auction of a 1930 Duesenberg that sold for $2.9 million.
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Judge fines woman waging Web war against plastic surgeon

December 19, 2009
 IBJ Staff
Judge Sarah Evans Barker declared a Massachusetts woman in contempt of court for failing to remove her negative Internet postings about an Indianapolis cosmetic surgeon.
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Local funeral home operator interested in troubled Memory Gardens

December 16, 2009
Scott Olson
Indianapolis-based Wilson St. Pierre Funeral Service & Crematory is one of two companies that have emerged as potential suitors of the embattled Memory Gardens Management Corp.
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Federal filing lists another link between Brizzi, Durham

December 12, 2009
Greg Andrews
A federal financial-disclosure statement Brizzi submitted in May lists the politician as an investor in Red Rock Pictures Holdings Inc., a film-development firm also backed by Durham.
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Editorial writers lose appeal against Star

December 9, 2009
Jennifer Nelson / The Indiana Lawyer
Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, according to a circuit court of appeals.
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Ariad asks court to restore patent-suit win against Lilly

December 8, 2009
 IBJ Staff
A federal appeals court will decide whether Eli Lilly and Co. must pay $65.2 million in damages, plus royalties, over a drug-patent claim.
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Class-action suit seeks millions for Fair Finance investors

December 4, 2009
Greg Andrews
Attorneys on Friday afternoon filed a class-action lawsuit seeking to rescind $200 million in investor purchases of Fair Finance Co. securities and to slap Tim Durham and other company insiders with millions of dollars in punitive damages.
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State sues teachers' union for securities fraud

December 2, 2009
J.K. Wall
The Indiana Secretary of State's securities division says Indiana State Teachers Association can't account for $23 million intended for school districts, requests assets be frozen.
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Attorneys drop troubled home builder Hansen & Horn

December 2, 2009
Scott Olson
Indianapolis-based Hansen & Horn Group Inc. is without legal representation after attorneys defending the troubled home builder from a slew of lawsuits dropped it as a client.
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Symons and family ordered to pay $34.2 million in fraud case

December 1, 2009
Scott Olson
A high-profile businessman and the Indianapolis companies he operated with family members have been ordered by a federal judge to pay $34.2 million relating to the fraudulent transfer of assets in a business sale.
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Disclosures key to feds' probe of Durham's Fair Finance

November 28, 2009
Greg Andrews
Any case federal prosecutors pursue against Tim Durham or his associates likely would revolve around what his Fair Finance Co. disclosed—or didn’t disclose—to potential investors, legal observers said.
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Video surveillance legal in Hoosier state, but beware lawsuitsRestricted Content

November 28, 2009
Norm Heikens
Most states--Indiana included--have no law on the books banning video surveillance in homes or businesses. However, anyone considering using a hidden camera should consider the potential to be sued under the state's well-developed privacy law.
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Former Huntington National Bank exec alleges age discriminationRestricted Content

November 28, 2009
Peter Schnitzler
Michael Lewis, 53, filed a complaint with the Indianapolis office of the U.S. Equal Employment Opportunity Commission Aug. 13 and sued Huntington Oct. 15 in Marion Superior Court.
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Brizzi dropped plan to serve on board of Durham company

November 25, 2009
Greg Andrews
Marion County Prosecutor Carl Brizzi said he agreed this fall to serve on the board of Tim Durham’s Fair Finance Co., but changed his mind several weeks later after Durham told him a newspaper was working on an investigative story about the company.
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UPDATE: FBI searches Durham-owned company offices

November 24, 2009
Greg Andrews
Ohio securities regulators say Tim Durham's Fair Finance Co. won't be permitted to sell additional investment certificates unless it satisfactorily answers a series of questions about the company's ability to pay them back.
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FBI serves search warrants on Durham-owned companies

November 24, 2009
The FBI on Tuesday executed search warrants at two companies led by high-profile executive Tim Durham—Indianapolis-based Obsidian Enterprises Inc. and Akron, Ohio-based Fair Finance Co.
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  1. It is nice and all that the developer grew up here and lives here, but do you think a company that builds and rehabs cottage-style homes has the chops to develop $150 Million of office, retail, and residential? I'm guessing they will quickly be over their skis and begging the city for even more help... This project should occur organically and be developed by those that can handle the size and scope of something like this as several other posters have mentioned.

  2. It amazes me how people with apparently zero knowledge of free markets or capitalism feel the need to read and post on a business journal website. Perhaps the Daily Worker would suit your interests better. It's definitely more sympathetic to your pro government theft views. It's too bad the Star is so awful as I'm sure you would find a much better home there.

  3. In other cities, expensive new construction projects are announced by real estate developers. In Carmel, they are announced by the local mayor. I am so, so glad I don't live in Carmel's taxbase--did you see that Carmel, a small Midwest suburb, has $500 million in debt?? That's unreal! The mayor thinks he's playing with Lego sets and Monopoly money here! Let these projects develop organically without government/taxpayer backing! Also, from a design standpoint, the whole town of Carmel looks comical. Grand, French-style buildings and promenades, sitting next to tire yards. Who do you guys think you are? Just my POV as a recent transplant to Indy.

  4. GeorgeP, you mention "necessities". Where in the announcement did it say anything about basic essentials like groceries? None of the plans and "vision" have basic essentials listed and nothing has been built. Traffic WILL be a nightmare. There is no east/west road capacity. GeorgeP, you also post on www.carmelchatter.com and your posts have repeatedly been proven wrong. You seem to have a fair amount of inside knowledge. Do you work on the third floor of Carmel City Hal?

  5. I don't know about the commuter buses...but it's a huge joke to see these IndyGo buses with just one or two passengers. Absolutely a disgusting waste of TAXPAYER money. Get some cojones and stop funding them. These (all of them) council members work for you. FIRE THEM!

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