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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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