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Against court orders, Conour auctioned art for $10k

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Former personal injury attorney William Conour claims his ex-wife is in possession of most of the items the government says are missing from his Carmel home, but he acknowledged auctioning sculptures for $10,000 in an apparent violation of bond conditions in his federal wire fraud case.

The admission is contained in Conour’s response to the government’s claim that numerous items inventoried by federal agents at his home, law office and Sheridan horse stables after his arrest more than a year ago could not be located during a recent follow-up inventory.

Conour said in a Friday filing that more than 75 items the government lists as missing from his home – including art, furniture, televisions, sports memorabilia and other items – “were awarded to Jennifer Conour as part of the dissolution of marriage property settlement and are at her residence.”

But one item isn’t. “Item 151 (‘large matching sculptures, Asian birds and flowers’) was sold at auction in November. Mr. Conour received approximately $10,000 for that sale in February 2013 and used that money for living expenses,” according to the filing by his federal public defender, Michael J. Donahoe.

Conour is set to stand trial September 9 in federal court in the Southern District of Indiana. He is accused of defrauding more than 25 clients of more than $4.5 million, though victims and attorneys familiar with the case believe the figure might be several million dollars more. Conour was arrested in April 2012 and resigned from the bar in June 2012.

The government last month sought to revoke Conour’s bond, arguing that he violated its terms when he dissipated inventoried items. Southern District Chief Judge Richard Young ordered a new inventory and ordered Conour to reacquire and place back in his possession items that had been dissipated.

In a May 10 entry, Young wrote that Donahoe “represented that most of the missing assets were transferred to (Conour’s) ex-wife pursuant to an uncontested divorce decree … (T)he inventoried assets were not to be transferred without permission of the court.”

Young earlier this month took federal prosecutor Jason Bohm’s request for bond revocation under advisement pending the outcome of the government’s latest inventory. As of midday Monday, Young had taken no further action.  

Weeks after Conour was charged and bond conditions set, Jennifer Conour filed a divorce action in Kosciusko Superior Court. In December, a judge in Warsaw approved a dissolution of marriage that divided the couples’ assets, awarding Jennifer Conour the Sheridan horse farm, among other things.

Conour addresses the divorce in his most recent filing. “Clearly, the dissolution decree from the Kosciusko Superior Court constitutes a ‘court order’ as that term is used in the release conditions,” his response says. “Furthermore, any objective valuation of the marital estate would demonstrate that the personal property was divided with Mr. Conour receiving well over 50 percent of the personal property despite the presumption under Indiana law that ‘… an equal division of the marital property between the parties is just and reasonable.’

“Had that case proceeded to a contested hearing the property division would, in all likelihood, have been far less favorable than that provided by the negotiated settlement,” Conour claims in the filing.

Meantime, Conour says in the filing that his ex refuses through her attorney to return property, and much of it would have been subject to Jennifer Conour’s claim of ownership before their marriage. “In other words, the ability to use that property for restitution has not been compromised by the property settlement and relocation.”

The filing also asserts that several inventoried items that the government says are missing are in Conour’s home and apparently were overlooked in the follow-up asset check.

After Conour put the large matching sculptures of Asian birds and flowers on the auction block, Donahoe was appointed his public defender. After Conour received the approximately $10,000 from the sale, he requested a separate $10,000 for living expenses from a court fund that had been established for restitution and other purposes.

That request was withdrawn when the government opposed it and raised the issue of asset dissipation. “The United States remains concerned that the defendant may attempt to liquidate all his assets leaving little for possible restitution for the victims,” the government argued in March.
 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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