ILNews

Conour claims restitution paid, that he's owed money

Back to TopCommentsE-mailPrintBookmark and Share

Former attorney and convicted fraudster William Conour has asked the federal court where he admitted he stole $6.5 million from dozens of wrongful-death and personal-injury clients to cut him a check for $184,214.26.

He claims the $634,214.26 made to date in restitution is greater than he owed the single victim to which he stipulated in court filings. He wants the difference sent to his commissary fund at the Morgantown Federal Correctional Institution in West Virginia.

Conour’s motion comes as he appeals to the 7th Circuit Court of Appeals his 10-year sentence for conviction of a single count of wire fraud.

Conour “continues to deny that the correct and legal restitution figure is $6,530,266.32 as alleged by (the government),” his pro se motion says. Instead, he claims he is only required to make restitution to one victim identified as J.F, who he stipulated  he defrauded out of a $450,000 settlement executed without the client’s knowledge.

The government at Conour’s sentencing hearing in October “sought to enhance (Conour’s) sentence of imprisonment and restitution by adding cases under the ‘relevant conduct’ aggregation rule in the U.S. Sentencing Guidelines,” his motion states. Conour argues in the filing that doing so is impermissible. Federal prosecutors dismiss those arguments.

Conour’s May 20 filing is in marked contrast to his demeanor when he sought leniency at sentencing from Chief Judge Richard Young of the District Court for the Southern District of Indiana. At sentencing,  Young read a list of names and the amount each former client lost in settlement proceeds Conour used to support a lavish lifestyle.

“Paying this debt to my former clients is my No. 1 priority,” Conour said at his sentencing.

Young told Conour at sentencing that he believed his remorse and intention to work toward full restitution for all his victims was sincere. He gave Conour a 10-year sentence, half of what prosecutors wanted and far below the 14- to 17.5-year range recommended in a pre-sentencing report.

The government has objected to Conour’s motion, which was in response to a motion for writ of garnishment that prosecutors filed in April. That motion claimed the Federal Defender’s office in Indianapolis holds about $2,500 in Conour’s money that could be deposited in the court’s restitution fund. Conour says that money, too, should be transferred to his commissary account.

Young has not yet ruled on the motions.

One day after the government filed its garnishment motion April 28, Indianapolis-based public defender Sara Varner filed a motion to withdraw as Conour’s attorney, citing an unspecified conflict. “Discussion with Mr. Conour has revealed a conflict of interest that prevents counsel from advising Mr. Conour further regarding his issues on appeal,” Varner’s filing said.

The government said in response to Conour’s bid to reduce his restitution that any hearing before the District Court should be narrow in focus.

“To the extent the Court wishes to consider Defendant’s premature Pro Se Answer and Objection to Plaintiff’s Application for Writ of Garnishment on its merits, it should be overruled,” the government responded this week.

Conour’s appeal at the 7th Circuit isn’t expected to be fully briefed until July.
 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

ADVERTISEMENT