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Prosecution wants 20-year sentence for Conour, now accused of stealing nearly $7 million

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Citing his lack of remorse for the theft of nearly $7 million from clients over the years, federal prosecutors want former wrongful-death and personal-injury attorney William Conour sentenced to the maximum term of 20 years Thursday, according to a sentencing memorandum filed Tuesday.

Conour “stole nearly $7 million … from his clients to finance his lavish lifestyle,” the government says. Previously, Conour had been accused of defrauding more than 25 clients of at least $4.5 million.

The federal government says Conour should be sentenced Thursday to the maximum term of 20 years in prison and that seven of his victims should have the opportunity to offer victim-impact statements.

“He has never shown remorse for his actions nor truly accepted responsibility for his conduct,” the government says. Factors including the vulnerability of victims, number of victims and Conour’s deception of the court support imposing the maximum penalty, according to the filing.

Michael Donahoe, Conour’s court-appointed public defender, could not be immediately reached for comment.

“The scheme began by at least 2008 and continued until at least 2012. ... Thus, through the use of the trust accounts and settlement agreements, the defendant was able to execute his scheme and avoid detection for four years while he defrauded 36 victims of almost $7 million,” Assistant U.S. Attorney Jason Bohm wrote in the memorandum.

Conour is scheduled to be sentenced at 2 p.m. Thursday by Chief Judge Richard Young of the U.S. District Court for the Southern District of Indiana. While Young hasn’t acted on the request to allow victim statements, he previously indicated in court that he would be inclined to let victims have their say.

Conour pleaded guilty to a single count of wire fraud in July, days after Young ordered Conour’s bond revoked for dissipating assets without court approval. Conour has been in the Marion County Jail since.

Tuesday’s filing characterizes a few of his victims. “A man, paralyzed as the result of his accident, now requires state aid for medical treatment rather than money he should have received. A woman died indigent in a nursing home, while more than $200,000 sat in a 'trust' account for her benefit. A mother and her children struggle to get by after their husband and father’s death. The money that should have supported them and paid for college is gone. Some funds have been recovered for these victims. It is unlikely, however, that they will be made whole.”

To date, about $500,000 has been contributed to a court fund for restitution. That includes $450,000 from Indiana University, which returned a contribution for the naming of the former William and Jennifer Conour Atrium at the Robert H. McKinney School of Law in Indianapolis, as well as $30,000 from the Indiana Trial Lawyers Association.

One of Conour’s daughters, identified in court papers as A.K., also this week received court approval to donate $20,000 to the court fund. The fund also will be supplemented with the post-sentencing sale of Conour’s assets — mainly home furnishings, art and home furnishings.
 
The prosecution’s sentencing memorandum says Conour presented himself in promotional videos for his former law firm as a professional and ethical attorney dedicated to helping clients, but who in reality was stealing from those victims to feed a lifestyle of Bentley, Mercedes-Benz and Porsche automobiles, mansions and horse farms.

“Rather than serving his clients, the defendant understood the legal system and consistently exploited it to his advantage,” the sentencing memorandum says. “His clients were largely naïve to the legal system and relied on the defendant to navigate the system for them. They also relied on the settlements of their claims for compensation to replace either their inability to work or the permanent loss of a wage earner.

“In exchange for ‘his services,’ the defendant generally took 40 percent of the settlement in attorney’s fees. For the 36 identified victims in this case, the defendant was paid nearly $3.5 million dollars in attorney’s fees and nearly $100,000 in expenses. The defendant, however, stole another $6.7 million from his clients through the use of false annuities, fraudulent trusts, and general deception. He used that money to further his lavish lifestyle and to pay other clients for previous settlements, similar to a Ponzi-scheme.”

The sophistication of the scheme and Conour’s violation of a court order support an enhanced sentence, the government argues in objecting to the confidential presentence investigative report prepared by the federal probation department.

“In this case, the defendant’s complex and intricate use of trust accounts and structured settlements demonstrates that his scheme involved more planning and concealment than a typical fraud. As part of the scheme, the defendant created at least 14 separate trust accounts with an Ohio financial institution, even though his personal injury practice was located in Indiana,” according to the government.

“When he negotiated settlements on behalf of his personal injury clients, he convinced many of those clients to accept a structured settlement rather than a lump-sum settlement. The use of the trust accounts and the structured settlements allowed the defendant both to execute his scheme and to avoid detection.

“More specifically, it allowed him to execute his scheme based on the trust agreement that he had negotiated with the Ohio financial institution. The agreement allowed him to fund the trusts on a yearly basis with funds only sufficient to enable the financial institution to issue monthly checks for a year, thereby allowing the defendant to illegally retain the bulk of the settlements for his own purposes,” the sentencing memorandum says.  

The filing notes that Conour told the court that the failure to pay clients was a cash flow problem. “The truth, however, is that the defendant did not steal his clients’ money because of cash flow problems or business expenses. He stole it to fill his wine cellar with Dom Perignon and Cristal. He stole it to take trips around the world. He stole it to enrich himself.”
    

 

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  • My license to satire
    John, yep, me and Lenny Bruce. No awards http://www.youtube.com/watch?v=Tw0q9A9-pE0
  • LOLs
    Bryan, for jokes like that you would lose your license as a comedian, too!
  • Credit where credit is due
    Sara, it is good that the proper authorities were on their toes, else Conour might have gotten away with it his entire life instead of a mere dozen or so years.
  • What?
    William Conours scheme started at least as early as 1998 or 1999 when he settled the case for my son! And my son is a victim; I surely hope we have the chance to speak because he needs to hear how his selfish ways effected the victims!
  • Say I say I say boy
    “That’s a joke, I say that’s a joke son” (Almost satire that is, satire, son) http://www.youtube.com/watch?v=KTwnwbG9YLE
  • On the bright side
    I think I speak for all of the leading judicial bureacrats in Indy when I say THANK ZEUS attorney Conour was not so evil as to file a motion to recuse a judge or so craven as to send a private letter criticizing a judge. At least he does have that going for him as to mitigation.

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    1. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

    2. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

    3. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

    4. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

    5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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