Durham's Legal Team Wants Charges Dropped
U.S. Attorney's Office Files Response
(WIBC.com file photo: Liz Thomas)
Indianapolis businessman Tim Durham is asking a federal judge to dismiss all of the charges against him.
In documents filed this week with the U.S. District Court for the Southern District of Indiana, Durham cites problems with the warrant that allowed investigators to search his businesses in Indiana and Ohio.
His attorney, John Tompkins, is also seeking to suppress evidence obtained through a wiretap and searches of his businesses.
But U.S. Attorney Joe Hogsett calls the request "completely frivilous and without merit."
"It's not unusual for defendants to take advantage of every procedural tool at their disposal to try to have their case altered in some way, shape or form, Hogsett said. "Obviously, that's what Mr. Durham and his legal team are attempting to do."
Hogsett's office Friday filed an official response to Durham's request.
"As we make clear, Mr. Durham’s motion lacks any factual support, and amounts to little more than wild speculation on his part."
Durham was arrested March 17 in California. He and two business partners, James Cochran and Rick Snow face 12 felony counts, including conspiracy to commit wire and securities fraud, wire fraud and securities fraud.
The three are charged with defrauding about 5,000 investors in Akron, Ohio-based Fair Finance Company of more than $200 million.
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» Durham Taken Into Custody After Hearing (4-6-11)
» State Rep to Return Durham's Contributions (3-22-11)
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» Durham Linked to FBI "Cramming" Investigation (12-16-10)
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» Classic Cars Seized from Durham Property (7-1-10)
» Durham Facing Additional Financial Trouble (4-29-10)
» Investigation of Indy Financier Troubles GOP (12-12-09)
» Lawsuit Filed Against Indianapolis Businessman (12-4-09)
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» FBI Conducts Raid at Downtown Office (11-24-09)