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High-priced Chicago firm handling Durham’s appeal pro bono

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Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.

Durham, sentenced in November on criminal fraud charges relating to the collapse of Akron, Ohio-based Fair Finance Co., has the firepower of one of the nation's largest law firms behind him.

James H. Mutchnik, a white-collar criminal defense attorney at Chicago-based Kirkland & Ellis, revealed in court documents earlier this month that he’ll be representing Durham without charge during his appeal.

Durham filed in December to appeal his conviction to the 7th Circuit U.S. Court of Appeals in Chicago, but said he had no money to hire an attorney.

U.S. District Judge Jane Magnus-Stinson granted his request to proceed with his case as an indigent after Durham told her that his multimillion-dollar home is in foreclosure and his financial assets are tied up in bankruptcy proceeding of the companies he used to control.

It’s unclear why Mutchnik chose to represent Durham pro bono. He didn’t return a phone call from IBJ, and a firm spokesman declined to comment beyond issuing a statement confirming that Mutchnik is in fact leading Durham’s federal appeal.

Durham’s previous counsel, Indianapolis criminal defense lawyer John Tompkins, is no longer involved in the case.

“I know that Kirkland takes pro-bono cases on a regular basis,” he said. “This hit their radar somehow.”

It’s not uncommon for certain law firms to handle white-collar criminal appeals without expecting to be paid. Their fees often are too expensive for many defendants to afford, and handling an appeal pro bono gives their lawyers additional experience.

Only a small percentage of federal appeals are heard orally by judges, as most are addressed in written rulings.

Having Kirkland & Ellis representing Durham spares Magnus-Stinson from appointing a public defender.

With 1,442 lawyers in 10 global offices, Kirkland & Ellis is the world’s 13th-largest law firm, according to the National Law Journal’s latest ranking of the 250 biggest firms.

Mutchnik earned his law degree in 1989 from the Northwestern University School of Law. His biography on the firm’s website says he represents individuals and corporations in antitrust and white-collar criminal defense cases.

His legal work includes appearances before various investigative agencies, including the U.S. Department of Justice, the Federal Trade Commission and the Securities and Exchange Commission.   

A jury convicted Durham of securities fraud, conspiracy and 10 counts of wire fraud for orchestrating a Ponzi scheme that swindled 5,000 Ohio investors out of more than $200 million.

Unlike state prisoners, federal inmates must serve at least 85 percent of their sentences, meaning Durham would have to live to 93 to survive his sentence.

Last month, Fair Finance bankruptcy trustee Brian Bash, charged with recovering funds for Fair investors, alleged in a court filing that National Lampoon Inc. funded Durham’s defense during his trial.

Durham was CEO at National Lampoon from 2008 until stepping down in January 2012. Bash is suing the Los Angeles-based company and is seeking to recover $9 million that Durham provided it over the past decade.

Fair Finance co-owner Jim Cochran received a 25-year sentence and Rick Snow, the company’s chief financial officer, received 10 years.

All of IBJ's coverage of Tim Durham and Fair Finance can be found here.

The IBJ is a sister publication of Indiana Lawyer.
 
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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