ILNews

Conour still free though judge ‘deeply, deeply concerned’

Back to TopCommentsE-mailPrintBookmark and Share

Former leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.

Chief Judge Richard Young of the Southern District of Indiana wants to hear from a former U.S. attorney who Conour testified approved of art sales and other money transfers that constitute part of the government’s bond revocation request. Young also at times seemed incredulous about the circumstances regarding William and Jennifer Conour’s divorce that took place after the bond terms were set.

Conour is accused of defrauding 25 or more clients of at least $4.5 million and is scheduled to stand trial on Sept. 9. He faces a possible sentence of up to 20 years in prison and a fine of as much as $250,000.

Conour took the stand for about an hour Thursday, arguing that former U.S. Attorney Richard Cox, who has since retired, had allowed him to use assets derived from the sale of art and from other sources for personal expenses as well as for hiring counsel and providing money for a potential victim restitution fund. Conour said the agreements were made with his former attorneys and during the period when Conour represented himself.

The government claims Cox never authorized Conour to dissipate more than $80,000 in the latter months of 2012 in the manner in which he did, insisting the money was to be used to retain counsel and form a potential victim restitution pool, and that Conour therefore violated bond conditions. Conour was appointed a federal defender in January after he said he couldn’t afford counsel.

“Mr. Cox was very amenable to work with,” Conour testified, saying the parties operated under a “loose, informal agreement,” and that he was trying to avoid bankruptcy.

But U.S. Attorney Jason Bohm countered that Conour’s relationship with Cox soured after Conour sent an email to the prosecutor stating, “I’m tired of being blackmailed with my own funds,” and that Cox never authorized the spending of money from art sales for Conour’s living expenses.

Young said he was “deeply, deeply concerned here regarding the remaining assets and what may happen to them,” but set another hearing at 1:30 p.m. June 28 to receive testimony from Cox.

Young also said he was troubled by the divorce action Conour’s ex-wife, Jennifer, filed days after he was charged in April 2012. Young said Kosciusko Superior Court, where the action was filed was “never notified of this proceeding,” nor was the federal court notified of the divorce. “That’s a real concern of the court,” Young said. “There’s a proper procedure” for approving dissipation of assets “that wasn’t followed here.”

Conour “should have notified this court and the Kosciusko County court what was going on here,” Young said, noting later the judge in Warsaw might not have approved a divorce had he known about the wire fraud case.
 
“It’s obvious to the court what’s going on here. … I think it’s obvious to everyone what’s going on.”

The Conours settled the uncontested divorce in December that divided assets, and the government contended Thursday that action alone was sufficient to constitute a violation of bond. But Young said he first wanted to hear from Cox to form a complete record and weigh his credibility against Conour’s.

Conour represented himself in the divorce, and Young interrupted when defense attorney Michael Donahoe said, “he’s not an experienced divorce litigator.”

“He’s a lawyer,” Young said. “He understands conditions of bond, right?”

Donahoe acknowledged Conour should have notified the court about the divorce before agreeing to transfer assets as a result of the agreement. “In hindsight, it would have been advisable to do that.” Donahoe noted that if he had represented Conour at the time, he would have advised him to do so.

Young also later took issue when Conour testified that he was ordered by the Kosciusko County court to pay his ex-wife’s car payments – a stipulation Conour later could not identify on the stand after Bohm handed him a copy of the divorce settlement.

“Mr. Conour, you weren’t ordered to do anything by the Kosciusko County court,” Young said, noting the uncontested nature of the divorce agreement.

Donahoe asked Conour about the value of assets that were transferred to his ex-wife. Conour said he valued the personal property he retained at about $144,000 compared with about $30,000 for Jennifer Conour.

“My goal was to preserve as much of the assets as we could,” Conour testified.  

Meanwhile, Conour said he continues to pursue legal fees that he contends are owed from cases handled by other attorneys that were “taken from my firm.”

“There’s $2 million sitting in a lawyer’s account,” he contended, noting later that some 50 cases were transferred from his former firm. “I’m entitled to a fee in every one of those cases,” which he testified would go into the court trust fund.

 

ADVERTISEMENT

  • Theory
    No irony here, John. Conour’s clients are wise to him. Evidently you’ve missed discovery that disclosed Conour was aware he was caught with his hand in the cookie jar, actually many cookie jars, but continued to spend any monies he secured on himself and his lifestyle. Your theory is idealistic and assumes Conour has the soul of a good attorney and therefore he would take care of his clients. Conour has no soul. He greedily took awarded settlements from his disabled clients and spent it on his own edacious desires. You are naïve to think if he kept working he would put his fees into a restitution fund. He is who he is and has proven he will use any means to cheat and manipulate those who trust him and the judicial system that is supposed to protect them. Sorry John, you don’t send the fox back into the hen house after he’s caught devouring the hens. Conour can’t be trusted. He has no more honor than that fox.
  • irony
    the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
    • Concerned?
      Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
    • Wow
      Wow, just wow.

    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

    facebook - twitter on Facebook & Twitter

    Indiana State Bar Association

    Indianapolis Bar Association

    Evansville Bar Association

    Allen County Bar Association

    Indiana Lawyer on Facebook

    facebook
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

    2. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

    3. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

    4. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

    5. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

    ADVERTISEMENT