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Courts and Crime

Convicted Ponzi scheme operator files appeal
But Timothy Durham says he can't afford to hire a lawyer

Tim Rudell
The main office for Akron based Fair Finance was closed after federal agents raided it, and the offices of Timothy Durham and others in Indianapolis
Courtesy of TPR
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The man who got 50 years for his part in the Fair Finance fraud is appealing his federal court conviction--and the public may foot the bill for that appeal.  WKSU’s Tim Rudell reports.

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When Timothy Durham filed this week in Indianapolis Federal Court to appeal his 12-count conviction, he also told the court he’s broke.  

Although he was found guilty of stealing 200-million dollars from investors in Akron-based Fair Finance, he’s said since his trial that any money he had is gone. 

Now, so are his lawyers.

But, Vanessa Malone with the Federal Public Defenders Office says it’s fairly common for a conviction to leave a defendant indigent; and so the practice of appointing council for someone standing trial who can’t afford an attorney extends to the appeal process too when necessary. “In the pursuit of fairness the Supreme Court said that a rich person can’t have more of a benefit to make an appeal than a person who can’t afford council.  So, the purpose was to put everybody on equal footing. “

Durham was tried in Indianapolis because that’s was his business operating base.  If his appeal is granted, it will be heard by the 7th Circuit Court of Appeals n Chicago.

Related WKSU Stories

Tim Durham sentenced to 50 years
Saturday, December 1, 2012

Durham says he feels bad for Fair Finance investors
Friday, November 30, 2012

Durham says he feels bad for Fair Finance investors
Friday, November 30, 2012

Jury convicts Tim Durham of looting Fair Finance
Wednesday, June 20, 2012

Listener Comments:

Who gives a rip about Timothy now! He's in the slammer for good! The bulk of the money still can't be found. If he's not using it for his release, or can't, then what is it doing? Is it in some account. I don't think all of it is. What about his family? Has the court checked to see how the family pays their bills? Are they all gainfully employed? The fat sister with the gym lives in a mansion in Geist. the news said they were behind on their taxes and connected to the stolen money. It she's making money are the taxes current? If they haven't been, then why isn't the gym foreclosed and the tenant evicted? What do any of his relatives do for a living? Follow the money! People who steal can't keep what they stole hidden forever. Would the court please pull these people's records and tell us if they have the money!

Posted by: M. Wells (Seymour, IN) on December 27, 2012 2:12AM
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