Convicted financier says he can't afford a lawyer

Court News 2012/12/19 23:56   Bookmark and Share
An Indiana financier and former chief executive of National Lampoon who was convicted of swindling investors out of about $200 million says he can't afford to hire an attorney to handle his appeal.

In federal court documents filed Monday, Timothy Durham said his multimillion-dollar Indianapolis home is in foreclosure and all of his financial assets are tied up bankruptcy proceedings of the companies he used to control.

Durham's home in Fortville, Ind., about 20 miles northeast of Indianapolis, has a $5 million mortgage but a free-market value of only $3 million, according to the documents.

Durham says his only income this year was $6,000 he received as a director of Dallas-based insurer CLST Holdings Inc. He also has stock in CLST and National Lampoon, the documents say.

Durham was sentenced to 50 years in prison last month on securities fraud and other convictions in the collapse of Akron, Ohio-based Fair Finance. He also was ordered to pay $202.8 million in restitution. Durham received credit for $6 million that already has been recovered.

Durham and two business partners were charged with stripping Fair Finance of its assets and using the money to buy mansions, classic cars and other luxury items and to keep another Durham company afloat. The men were convicted of operating an elaborate Ponzi scheme to hide the company's depleted condition from regulators and investors, many of whom were elderly.

Defense lawyers argued that Durham and the others were caught off-guard by the economic crisis of 2008, and bewildered when regulators placed them under more strict scrutiny and investors made a run on the company.
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Pentagon lawyer: War on terror not endless

Court Watch 2012/12/10 23:09   Bookmark and Share
The war on terror is not an endless conflict and the U.S. is approaching a "tipping point" after which the military fight against al-Qaida will be replaced by a law enforcement and intelligence operation, the Pentagon's top lawyer has said.

Jeh Johnson told an audience at Oxford University that the core of al-Qaida is "degraded, disorganized and on the run," according to a transcript of Friday's speech.

Johnson, general counsel to the U.S. Defense Department, said that once most al-Qaida members are captured or killed, armed conflict would be replaced by "a counterterrorism effort against individuals" led by law enforcement and intelligence agencies.

His speech to the Oxford Union debating society marked rare public comments by a senior U.S. official about the end of the armed conflict launched after the Sept. 11 attacks.

Shortly after 9/11, U.S. legislators passed a law that essentially granted the White House open-ended authority for armed action against al-Qaida.

Despite a promise to close the Guantanamo Bay prison camp for terror suspects, President Barack Obama has largely carried forward the anti-terrorism policies of his predecessor, George W. Bush. He authorized the raid that killed al-Qaida leader Osama bin Laden and has expanded the use of unmanned drone strikes against targets in Pakistan and Yemen.
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Justices won't reinstate award against Hustler mag

Headline Legal News 2012/12/10 14:23   Bookmark and Share
The Supreme Court won't reinstate an award against a racy magazine in a dispute over nude pictures of a model published after she was killed by her professional wrestler husband.

The court turned away a request by the family of Nancy Toffoloni Benoit to reinstate a jury's decision to make Hustler Magazine pay them almost $20 million. The magazine published the photos after she and her son were killed in 2007 by wrestler Chris Benoit.

Benoit's family said Nancy never gave permission to publish the 24-year-old photos, while the magazine said it could print them because they were newsworthy.

The jury's 2011 decision to penalize the magazine $19.6 million was later reduced to $250,000. The award was then thrown out by the 11th U.S. Circuit Court of Appeals.
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Pentagon lawyer: War on terror not endless

Attorney News 2012/12/03 18:54   Bookmark and Share
The war on terror is not an endless conflict and the U.S. is approaching a "tipping point" after which the military fight against al-Qaida will be replaced by a law enforcement and intelligence operation, the Pentagon's top lawyer has said.

Jeh Johnson told an audience at Oxford University that the core of al-Qaida is "degraded, disorganized and on the run," according to a transcript of Friday's speech.

Johnson, general counsel to the U.S. Defense Department, said that once most al-Qaida members are captured or killed, armed conflict would be replaced by "a counterterrorism effort against individuals" led by law enforcement and intelligence agencies.

His speech to the Oxford Union debating society marked rare public comments by a senior U.S. official about the end of the armed conflict launched after the Sept. 11 attacks.

Shortly after 9/11, U.S. legislators passed a law that essentially granted the White House open-ended authority for armed action against al-Qaida.

Despite a promise to close the Guantanamo Bay prison camp for terror suspects, President Barack Obama has largely carried forward the anti-terrorism policies of his predecessor, George W. Bush. He authorized the raid that killed al-Qaida leader Osama bin Laden and has expanded the use of unmanned drone strikes against targets in Pakistan and Yemen.
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