|Durham arrest photo from the L.A. Times|
UPDATE: The Star is reporting the SEC has also filed a civil lawsuit againt Durham in Indianapolis.
The lawsuit says Fair Finances three senior executives from 2005 through November 2009 raised about $230 million from at least 5,200 investors through the sale of investment certificates, and that those transactions were "materially false and misleading misrepresentations and ommissions concerning, among other things, Fair's profitability and financial condition, the safety and security of investors' principal and returns, and the use of investor proceeds."Here is the link for the SEC lawsuit filed in Indianapolis federal district court.
The lawsuit continued, "In fact, the majority of the related parties did not make interest or principal payments to Fair and, ultimately, the defendants used new investor proceeds to repay earlier investors in the nature of a Ponzi scheme."
The lawsuit calls on the court to prevent the three men from being involved in future securities businesses and to "disgorge all ill-gotten gains derived from the unlawful activities," with interest, listed in the SEC complaint.
UPDATE II: Fox59 News is reporting that federal authorities took Durham into custody at 2:00 a.m. this morning at his L.A. home. He is scheduled to make his first appearance in court at 3:00 p.m. today where he is expedited to waive extradition back to Indianapolis. Durham will be represented by high profile criminal defense attorney Roy Black from Miami, Florida. His partner, James Cochran, is being represented by Jim Voyles. I would note the press advisory sent out today omits the name of U.S. Attorney Joe Hogsett. I previously noted his need to recuse himself from the caes because the law firm where he was a partner before becoming U.S. Attorney, Bingham-McHale, represented Durham's business interests in the bankruptcy trustee's action to recover money for the bilked investors while Hogsett was still a partner at the firm. Instead, the name of Tim Morrison, who served as Acting U.S. Attorney before Hogsett took office, appeared on today's announcement concerning the indictments.
UPDATE III: After Tim Morrison announced the indictments today, U.S. Attorney Joe Hogsett announced Tim Morrison was retiring from the office and being replaced by Josh Minkler, who has been an assistant U.S. Attorney in the office since 1994. You'll love this part. Before retiring, Morrison agreed to release Cochran and Snow on their own recognizance without requiring them to post bail after turning themselves in to federal authorities. Don't you love how the justice system works for the privileged few? Durham will be returned to Indianapolis after being taken into custody in L.A. to face the charges. I can't imagine he will be treated any differently than Snow and Cochran.
UPDATE IV: Check out this video on the IBJ's website of today's press conference. Tim Morrison comes across as a total buffoon when he is questioned by reporters about the indictment. I knew more about what the indictment said after scanning through it for ten minutes than this clown. No wonder the office is afraid to prosecute white collar crime. Thank heavens he won't be working on the case any more. Winfield Ong, the lead guy on the case, didn't sound any more convincing. Roy Black could eat these guys for lunch.