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Durham files to appeal federal conviction

IBJ Staff
December 17, 2012
Keywords
7th Circuit Court of Appeals, Courts, District Courts, Indianapolis, fraud, sentence
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Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.

Durham had 14 days to file for the appeal following the sentencing. The appeals notice appeared Monday morning on the electronic docket of the U.S. District Court for the Southern District of Indiana in Indianapolis.

The 71-page notice does not list an argument for appeal. Durham’s lawyer, John Tompkins, did not immediately return phone calls from IBJ. The IBJ is a sister publication of Indiana Lawyer.

The appeal will be heard by the 7th Circuit Court of Appeals in Chicago.

Durham, 50, likely will spend the rest of his life behind bars after federal Judge Jane Magnus-Stinson sentenced Durham to 50 years for defrauding Ohio investors of $250 million.

A federal jury in June found Durham guilty on all 12 felony fraud charges stemming from the collapse of Fair Finance Co. in Akron, Ohio. Durham co-owned the firm with Jim Cochran, who received 25 years. Rick Snow, the company’s chief financial officer, received a 10-year sentence.

Cochran's lawyer, Joseph Cleary, told IBJ Monday morning that his client also has appealed his conviction, and the notice should appear on the federal docket soon. Rick Snow's lawyer could not be reached for comment.

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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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