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Conour bond revoked, denied funds to file bankruptcy

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William Conour, a former leading personal-injury attorney, was led from federal court in handcuffs Thursday after a judge said Conour had misled the court and dissipated assets in violation of bond conditions ahead of his trial on a wire fraud charge.

Conour was escorted from the courtroom of Chief Judge Richard Young of the Southern District of Indiana after Young granted the government’s motion to revoke bond for burning through tens of thousands of dollars without court approval.

“I just don’t believe Mr. Conour is taking seriously the court order here,” Young said. “I have real concerns that if there are other assets out there that Mr. Conour may dissipate those assets as well.”

As Conour was led from the courtroom, some of his family members wept and some of his alleged victims embraced in restrained celebration. Authorities said Conour will be held in a federal detention unit of the Marion County Jail ahead of his trial scheduled for Sept. 9.

Conour is accused of defrauding 25 or more clients of at least $4.5 million. He faces a possible sentence of up to 20 years in prison and a fine of as much as $250,000.

Young’s decision to revoke bond came after an unusual hearing in which now-retired federal prosecutor Richard Cox was called to testify about agreements that Conour represented had been made with Cox. Conour said an informal arrangement existed with Cox allowing him to use proceeds from art sales and other assets to pay living expenses.

But Cox testified that the government viewed any assets as those that could be used for restitution, and it was up to Conour, not the government, to ensure conditions of bond were met.

Cox said he had been put in the uncomfortable position of prosecuting Conour while also controlling purse strings from the court fund after Conour began to represent himself late last year. The court registry was established for potential victim restitution and for Conour’s legal defense and expenses.

Conour public defender Michael Donahoe grilled the former prosecutor about the proceeds of art sales the government was aware of and for which Conour received the proceeds.

“On no occasion did you ever discuss with (Conour) how that money should be divided,” Donahoe said. “That’s correct,” Cox said.

Donahoe argued in a filing Thursday responding to the government’s revocation bid that prosecutors were stretching honest disagreements over prior arrangements into allegations of perjury.

“Mr. Conour has done nothing that even approaches the commission of a new crime while on pretrial release. Considering the loose, informal spirit of cooperation and trust that characterized the prior pattern of defining and paying for living expenses, the government has not shown, by clear and convincing evidence, that a specific condition has been knowingly violated.”

“It would have been easy for Mr. Cox to say this money needs to go in the court registry,” Donahoe told Young, referring to art sales made while Conour represented himself late last year. But Young said there was no burden on the government to ensure Conour complied with conditions of his bond.

“The point is, he wasn’t supposed to dissipate assets,” assistant U.S. attorney Jason Bohm told Young. “There is clear and convincing evidence he violated terms of his bond.”

Young also referenced Conour’s divorce, initiated by his ex-wife, Jennifer Conour, days after Conour was charged in April 2012. The two signed an uncontested settlement in December.

Young said he said he had serious doubt about whether a judge in Kosciusko County would have signed the dissolution order if he had knowledge of Conour’s wire fraud case, and noted the federal court was never informed of the divorce.

“It’s clear to me what was going on,” Young said, calling the proceeding “a way to transfer a significant amount of assets.”

Meanwhile, Conour also was denied a motion filed this week asking the court to release the remaining $21,000 from the court registry so that he could declare Chapter 11 bankruptcy. The firm of Tucker Hester Baker & Krebs LLC filed the request Tuesday. Under the proposal, Conour would have used money from the fund to hire bankruptcy lawyers to pursue claims “against other parties holding money which are attorney’s fees due him on cases in which he provided legal services,” according to the filing.

Young appeared mystified by the request. “He wants me to take the little money left in the registry here … and give it to attorneys for attorney’s fees?”

Donahoe said using the money to hire bankruptcy counsel would allow Conour to collect fees he claims he’s owed by other attorneys who took his personal injury cases after he was arrested, and would be a good deal for alleged victims.

“I don’t know that the alleged victims would think that’s a good thing to do,” Young said.

Donahoe claimed Conour was owed a share of at least $2 million in settlement fees to which attorneys “admit” Conour was entitled. When Young pressed, Donahoe said, “I’ve been told that by Mr. Conour,” and that no such admission existed in writing.

“I’m not going to grant this motion to remove what’s left in the victims’ fund, no,” Young said. He said he would consider appointing a special master to handle claims if Conour is convicted.

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  • In summation
    Matthew 23:25
  • About time
    It's about time he's where he belongs. He's taken advantage of people and their trust along with abusing and making a mockery of the system for too long...

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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