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Conour claims restitution paid, that he's owed money

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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.
 
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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