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A federal judge has denied Indianapolis financier Tim Durham's motion for dismissal of a conspiracy and fraud indictment in the Fair Finance scandal.
Durham had contended the government used wiretaps before they had been authorized. Evidence indicates that the FBI tested the wiretap software four days before the court authorized the tap on Durham's cell phone. But U.S. District Judge Jane Magnus-Stinson finds that no illegal wiretapping occurred.
It's a setback for Durham and his lawyer, John Tompkins, who had alleged "outrageous government misconduct." The judge said that charge, even if proven, would not provide grounds for overturning the indictment.
Her order includes an apparent scolding that "there has been more than enough piecemeal litigation by Mr. Durham."
Durham and co-defendants Jim Cochran and Rick Snow are scheduled to stand trial in June.
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