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Tim Durham's attorney is downplaying a new indictment against his client.
Attorney John Tompkins says the new charge filed against Durham and two of his business partners aims to replace the old indictment. The indictments allege Durham violated federal wiretapping laws. Tompkins says the US Attorney filed the new indictment to restate and clarify the original one. He says he sought to get the original indictment dismissed on grounds it was defective.
He says the US Attorney's office failed to follow correct procedures in using wiretap evidence in the case. Tompkins says after dismissing the original indictment and making a correction, the new indictment is part of the US Attorney's push to reinstate an old issue. Tompkins says he can't second-guess Judge Jane Magnus-Stinson, but he still wants the case dismissed. Prosecutors say they believe the new indictment will hold up.
Durham and partners Rich Snow and James Cochran face a dozen felony charges involving conspiracy to commit wire and securities fraud, and outright wire and securities fraud. Prosecutors say they ran a Ponzi scheme that defrauded five thousand Ohio investors out of more than $200 million. Trial is set for June 8th.
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