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In arguing for leniency, Conour cites previous ‘stellar’ career

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Convicted former attorney William Conour argues in a court filing Wednesday that he deserves leniency in sentencing and should receive less than the minimum advisory range of 14 to 17.5 years in federal prison for defrauding three-dozen clients of nearly $7 million.

Michael Donahoe, the court-appointed federal defender representing Conour, prepared a sentencing memorandum that argues the former leading wrongful-death and personal-injury attorney has shown remorse and taken responsibility since pleading guilty in July to a single count of wire fraud.

Conour’s sentencing memorandum comes a day after the government argued for the maximum statutory sentence of 20 years.

Chief Judge Richard Young of the U.S. District Court for the Southern District of Indiana will sentence Conour at 2 p.m. Thursday in Room 347 of the Birch Bayh Federal Courthouse in Indianapolis. At least seven victims from whom Conour stole settlement proceeds have said they want to provide impact statements prior to sentencing.

“No one, least of all the defendant, disputes the gravity of the crime and the need for severe punishment. Mr. Conour recognizes the extensive and irreparable harm he has caused his clients, the legal profession, and his family,” the filing says. “He accepts full responsibility for his actions and is extremely remorseful for the consequences of his behavior.”

The brief says Conour should receive less than the advisory sentencing range calculated in a confidential pre-sentencing report prepared by federal probation. “The defense objects to the enhancements for vulnerable victims and obstruction, and the failure to recognize acceptance of responsibility in the guideline calculation.” Conour’s sentence also should not be enhanced because of the number of victims, the brief argues.

“William Conour is now 66 years old. The sentence sought by the government would almost certainly amount to a life sentence. Aside from retribution and vengeance it is difficult to find another purpose that would be served by achieving that result,” the memorandum says.

“Society reaps little benefit from imposing lengthy sentences on elderly, non-violent first offenders. In most cases the cost of such incarceration far outweighs any benefit. … Considering that this is Mr. Conour’s first offense, and it is certain that he will never practice law or hold a position of trust again, the chance that he will commit future crimes is miniscule,” the memorandum says.
 
The brief argues for a lesser sentence in part because of Conour’s success before his fall. “Mr. Conour enjoyed a stellar career spanning 38 years characterized by giving back to his profession and community. He was regarded by his peers as a leader, innovator, teacher and visionary. He accepted very difficult cases and the high risks that accompanied them, and more often than not was successful.

“He represented over 1,000 clients during his distinguished career and all, with the exception of the victims in this case, were paid at the conclusion of their case. It should be noted that the total number of victims amounts to less than one-third of 1 percent of his total clients, illustrating that illegal conduct was not predominate and did not characterize or define his law practice.”

The brief also seeks to downplay a government claim that Conour showed no acceptance of responsibility in a jailhouse interview with The Indianapolis Star.

“The opinions expressed by Mr. Conour reflect his subjective belief about the characterization of his conduct, as he views it, vis-à-vis how he feels the government views it. He has never questioned the seriousness of his criminal conduct. Many defendants who plead guilty disagree with the government about the relative harm caused by the offense. A common example would be a defendant charged with marijuana dealing who disagrees with the government about the harm from that activity,” the brief says.

While arguing in the brief that he accepts responsibility, Conour takes exception to how his crimes are labeled. “Mr. Conour also expressed his opinion that his behavior should not be characterized as a Ponzi scheme. The term ‘Ponzi scheme’ is not a legal term of art and is not defined in the federal criminal code. Whether certain fraudulent behavior deserves that label is a matter of opinion, and ultimately irrelevant. Both the government and Mr. Conour are entitled to their respective opinions on that topic,” the filing says.
 

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  • It's a Ponzi
    The only remorse Conour has shown is for getting caught in his “cash flow problem.” Strange that this cash flow problem didn’t slow down his spending on himself, even when he was under investigation and court orders. He kept all the trappings of a lavish lifestyle right up to the time he was imprisoned. Justifying Conour’s abhorrent behavior and putting words of attrition in his mouth may be Donahue’s duty, but it’s still revolting…especially for using his youngest children to create sympathy. Good father? Didn’t I read that he left them for several years to live in Scotland while studying for a masters in theology? I’d suggest gargling with Purell, Donahue. I hope the court deems to show as much mercy towards Conour as he did towards his disabled clients. They are left with a life sentence of no funds to help them cope. Conour should have the same life sentence and deal with it…he earned every minute.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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