The trustee in the bankruptcy liquidation of Fair Finance Co. is pressing Gov. Mitch Daniels and other prominent Indiana
politicians to return money donated to their campaigns by Fair owner Tim Durham.
Trustee Brian Bash sent letters nearly two months ago to politicians who he says collectively received at least $900,000
in donations that Durham funded with borrowings from the Akron, Ohio, finance firm. Durham made some donations to Democrats
but in far smaller sums than to Republicans.
The political donations were part of $54 million Durham borrowed from Fair, according to a slide show Bash presented to company investors on Monday in Ohio. Durham, a prominent Republican fundraiser, also spent Fair money on gambling, interior decorating, real estate and his other business ventures.
Only three politicians have responded to the letters—including Daniels—but none has yet committed to give Durham's donations back, according to attorneys working for Bash.
"We are disappointed that we've not had more responses," said Kelly Burgan, one of Bash's attorneys. She added, "It's not uncommon for politicians to return tainted funds."
The letters are the first step in the trustee's efforts to recover the money from politicians, Burgan said. But he has
additional legal options, such as moving to have a judge declare Durham's donations fraudulent transfers. Bash intends
to use all legal tools he has to get the money back from Hoosier politicians, Burgan said, but his next steps will depend
on the circumstances of each donation.
Daniels received at least $195,000 in Fair money from Durham, according to Bash's calculations. The Indiana Republican
State Committee garnered at least $185,000. The House Republican State Committee got $60,000. And the Greater Indianapolis
Republican Finance Committee collected $33,000.
Durham gave the most money—$225,000—to his close friend Carl Brizzi, the Marion County prosecutor. Brizzi has yet to receive a letter because it took Bash's team longer to sift through local political fund-raising filings, compared with state and federal records, which are easily searchable online, according Joe Esmont, another attorney working for Bash. Esmont said a letter should go out to Brizzi within the next week.
Asheesh Agarwal, an attorney who represents Daniels' Aiming Higher political action committee and his Mitch for Governor Campaign Committee, acknowledged receiving a letter from Bash. But he indicated in a written statement that Daniels' organizations do not intend to refund money already spent.
"Based on what we know now, it is not out of the question that some of the money could be returned, but we need to see more than a letter from an attorney," Agarwal said. "In fact, if a court finds wrongdoing, and these funds were the source, a refund of any remaining dollars would be appropriate."
Likewise, the Indiana Republican Party said it will wait for a court ruling before giving any of Durham's money back.
"It has long been our practice to spend the money we raise in the election cycle in which it was donated. This is certainly
the case with Mr. Durham's contributions, as his donations came several years ago," Trevor Foughty, a spokesman for
the party, said in a written statement. "At this point, it is too premature to say if we would deviate from that practice,
and we will withhold further judgment and comment until a court rules in the case."
The Durham loans represent the largest chunk of more than $168 million in related-party loans issued by Fair. The company’s
lending spree began shortly after Durham and partner Jim Cochran bought the business in 2002, according to securities filings.
Fair Finance shut down in late November, after FBI agents raided its offices and seized records. The same day, the Justice
Department filed court papers alleging Durham was operating Fair as a Ponzi scheme, selling new investment certificates to
pay off prior purchasers.
Fair had 5,000 investors, who are now owed more than $200 million.
"Most of Fair Finance Company’s creditors are individuals of modest means. Many are retirees who put their life’s
savings into Fair Finance 'investment certificates,' and are now scrambling to survive," Bash wrote in his letters
to politicians' campaign committees and fund-raising groups. He added, "I anticipate that the committee will make
the honorable decision to voluntarily return the contributions of Durham and his related entities to me, to be used in furtherance
of compensating the victims."
An FBI investigation continues. Durham has not been charged with a crime.
Durham, 47, has acknowledged owing lots of money to Fair, but denied defrauding investors. In court papers, his attorneys
contend offering circulars provided to prospective purchasers of investment certificates outlined the risks, including that
they carried no government guarantee.

















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There money is nearly $500,000 alone...
These losers got a free ride off the backs of elderly, naive, trusting Ohioans. What would Mitch do if the residents had been Hoosiers?
Everyone needs to fax the Ohio Governor and tell him to give Mitch a talking to.
You lend me money to lend to someone else--an operating business that is profitable and has recurring revenue-- for a margin. Instead I "lend it to myself" by blowing it at King's Image, girls, trips, blah blah blah. That is not "borrowing" but instead stealing.
Durham thinks he is so clever. We'll see.
With regards to Mitch, it doesn't matter what is legal or not, it matters what the perception is. Any skilled politician knows that. So, Mitch doesn't want to be President after all. Glad to know that.
At least they listed it. Fox News wouldn't have.
What else has Carl done to help Tim...oh yeah, didn't he provide references against a certain whistleblower who Tim was discrediting so no one would audit him to find out the....gasp...obvious?
As for donations from Carl, he can assign his 50% interest in the triple net lease deal he scored in Elkhart. That will pay back the donations over a couple of years. I think he's already blown the money he made from Tim's tip to buy Cellstar right before Brightpoint bought them. Wait, Carl still owns some Cellstar shares. I think he also knew the cash reserved for Verizon on the balance sheet wasn't going to be paid. Just thinky, Carlito, had y'all just distributed the cash instead of Timmy directing it to Fair Finance none of us ever would have known about Fair, Tim'd be sitting fat in LA and you'd not be under federal investigation.
You remember all of this, right Carl?
Remember all those posts you put on the Brightpoint message board when you, Jeff, Neal and Henri were pumping Brightpoint stock, those posts you made about how mentally ill I am and needed help?
Golly, Tim, you were right. And, I got some help from Greg Andrews. And Jon Boccieri. And now you're going to need lots of help, aren't you?
I never went away. And now you get to see all your little secrets come out. You should have left me alone.
Love,
Venus
To say they have a policy to not return money already spent is as Bogus as the way Durham ran Fair Finance... Go fund raise some more you slime balls and get the money back to the trustee.Where is your soul? You should have been reserving for more than the past year as you knew you would have to belly up to the bar and own up to being involved with someone who knew how to operate with OPM (Called Other Peoples Money). Now step up and be respectable Gentlemen and respectable Ladies as the case may be and set examples for our youth.
Ever wonder why the Roman Empire Failed? Look in the Mirror!!!
If The BRIZZ refuse to cough it up then it will least create a reason for the Expenditures to be reviewed. Many bloggers have cited Brizzi spent money on lavash gifts, cigars, fine dining... if those funds were not used properly Mr. BRIZZ better go amend his 1040's....
Brizzi was/is a part time Prosecutor and full time scamer.
Brizzi is way in bed with
Bob Grand
Ryan Vaughn
Tim Durham
John Bales
Paul Paige
They all belong behind bars for the crimes they have committed
Hey, does anyone know if it's true that Mitch traded in Cellstar stock right before Brighpoint bought them? Lots of other Durham cronies did.