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Durham files to appeal federal conviction

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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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