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Wednesday, September 10, 2014

Ind. Decisions - "Oops: 7th Circuit Cites Forgotten Evidence in Ruling "

Jacqueline Palank of the WSJ Bankruptcy Beat Blog, wrote yesterday about the recent Timothy Durham decision. Some quotes:

A federal appeals court recently overturned two of multiple fraud counts against the former chief executive of a bankrupt Indiana investment firm after prosecutors didn’t back up the charges with evidence. * * *

The U.S. Court of Appeals for the Seventh Circuit on Thursday ruled that federal prosecutors’ failure to provide key evidence to back up two counts of wire fraud against Mr. Durham, while “clearly an oversight,” nevertheless warranted dropping the charges (h/t Indianapolis Star).

Specifically, Mr. Durham’s attorneys had argued that prosecutors didn’t provide evidence that a transfer of $250,000 and another of $50,000 constituted wire fraud. The appeals court agreed, citing the single-page printouts that showed that the transfers were made, but didn’t show how they were allegedly used to further the fraud.

“The government apparently intended to introduce additional evidence regarding the circumstances of these transfers but neglected to do so,” the court found. “Without the additional documentary evidence, the jury had no evidence about how the money was used.”

Court papers show the printouts were meant to introduce larger exhibits that would show that the funds were paid to a country club as dues and to a luxury garage.

Posted by Marcia Oddi on September 10, 2014 10:14 AM
Posted to Ind. (7th Cir.) Decisions