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Firm that took Conour cases ordered to pay creditor $774K

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Dave Stafford for www.theindianalawyer.com

A law firm that took over personal-injury cases as attorney William Conour’s practice was unraveling before his fraud conviction must pay a Conour creditor almost $775,000, a federal judge ruled.

Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, Indianapolis Division, this week ordered Ladendorf Law P.C. to pay fees to ACF 2006 Corp. from 11 cases in which the firm won settlements for former Conour clients. ACF had extended a line of credit on which the defunct Conour firm defaulted.

“(T)he Court finds that, based upon the quantum meruit division of the attorney’s fees and expenses in the Subject Cases, ACF is entitled to a judgment in that amount of $774,797.28, which constitutes the amount of fees and expenses to which the Conour Firm would have been entitled to under Indiana law,” Pratt wrote.

Timothy Devereux of Ladendorf Law said the firm plans to appeal the ruling in ACF 2006 Corp. v. Conour, 1:13-cv-01286. Devereux was lead plaintiff’s counsel in each of the cases that began while he practiced at the Conour firm and continued when clients followed him when he left for Ladendorf.

Pratt’s ruling “is simply not supported by the great weight of the evidence,” Devereux said in an interview. “The evidence is overwhelming about the amount of work that was done at the Ladendorf firm” compared to that done at the Conour firm.

“We feel very confident that if we were to appeal this – and we fully intend to – the evidence will support our position,” he said.

“The thing that frustrates us the most is that the principal Mr. Conour owed to (ACF predecessor) Advocate Capital was roughly $400,000, and he owes more than $300,000 in interest,” Devereux said. “We are being asked to pay interest that incurred through Mr. Conour’s nonpayment of a debt.”

Devereux said Ladendorf certainly owes something that would have been paid in fees to the Conour firm, and thus to ACF to satisfy a portion of the debt, but he said it’s nowhere near the amount the court ordered. He said the court misapplied quantum meruit analyses in determining the percentages of work done in several cases at the Conour firm, and also improperly ordered pre-judgment interest be paid on funds held in the firm’s IOLTA account.

“We want to make sure we don’t have to pay an unfair amount,” Devereux said.

An attorney for ACF at Nashville, Tennessee-based Bradley Arant Boult Cummings LLP did not immediately return a message seeking comment Wednesday.

The judgment is the largest civil award to date in the fallout from Conour’s conviction on a wire fraud charge for defrauding about 35 clients of nearly $7 million. Conour, 68, stole settlement proceeds he negotiated for clients and used their money to finance his lavish lifestyle. He’s serving a 10-year sentence in the Morgantown, West Virginia, Federal Correctional Institution and is under a court order to make restitution to his victims.

But that restitution order in Conour’s criminal case didn’t cover creditors such as ACF, which had extended Conour’s firm operating loans that secured an interest in collateral including revenue from fees on future personal injury suits. The loans became due in January 2012 – three months before federal authorities charged Conour with fraud. Conour defaulted.

“As of the date of the March 9, 2015 bench trial, ACF calculated the total amount of indebtedness owed by Mr. Conour and the Conour Firm to be approximately $750,000,” Pratt wrote.

A month before the loans became due, Devereux terminated his employment at the Conour firm and went to work at Ladendorf, and clients in 21 contingency-fee cases followed him, according to the record. Only six of the cases were resolved without recovery, and ACF waived its claims on four cases, leaving 11 from which Pratt ordered fees be paid to ACF.

Pratt’s order summarizes the nature of each case, settlement amount and attorney fees. The cases yielded total settlements of just over $6.45 million and attorney fees of about $2.55 million. In aggregate, the court concluded that about 30 percent of attorney fees from these cases were owed to the Conour firm for ACF’s benefit.

The order makes determinations in each case of the percentage of work that could be allocated to the Conour firm and the Ladendorf firm. Devereux said some of these were reasonably decided, but others weren’t.

Meanwhile, Pratt also wrote in the order that several fee arrangements in the cases appeared to violate Rule 1.5 of the Indiana Rules of Professional Conduct, because various parties agreed to a straight-percentage fee-sharing split on cases that had been referred to the Conour firm.

ACF initially named Indianapolis firm Cohen & Malad LLP as a defendant in the suit, but the firm was dismissed.

Several of Conour’s victims also attempted to intervene in the suit in an effort to obtain some form of compensation, but the court rejected those motions. Victims also have no claim against Conour’s former legal malpractice carrier, which last year won recession of coverage.

Gail Riecken campaign announces upcoming town hall Schedule Riecken looks forward to discussing issues with the voters

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Mayoral Candidate Gail Riecken announced today that her campaign will be hosting 4 town hall meetings in August and September with potentially more coming in October.

“I look forward to meeting with the voters and discussing the issues that are important to them,” said Riecken. “It is important for me to have the opportunity to listen to what the voters want for the city and share what my plan for the city moving forward.”

The Riecken campaign town halls will be held on Saturday August 29th and Saturday September 12th. There will be two town hall each day, each running from 10-11 AM and 2-3 PM.

8/29 – 10 A.M. – 11 A.M. at Central Library, 200 SE Martin Luther King Jr. Blvd 8/29 – 2 P.M. – 3 P.M. at West Branch, 2000 West Franklin Street
9/12 – 10 A.M. – 11 P.M. at North Park Library, 960 Koehler Drive
9/12 – 2 P.M. – 3 P.M. at McCollough Library, 5115 Washington Avenue

The Riecken campaign also announced that Gail Riecken will be participating in a town hall meeting hosted by Valley Watch and Southern Indiana Democracy for America. This town hall will take place at the Central Library, 200 SE Martin Luther King Jr. Blvd at 7 P.M. – 8:45 P.M. on Wednesday September 2.

Gail Riecken is running for Mayor of Evansville and is a former Evansville City Council- woman, Evansville Parks Director, and a current member of the Indiana State House of Representatives. She is a lifelong Evansville resident, has been married for 46 years, and has 2 children and 3 grandchildren.

JARED

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VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, Aug. 26, 2015.

Sean Andre Bazzard Domestic battery, Level 6 felony

Resisting law enforcement, Level 6 felony

Branden Michael Harrison Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Theft of a firearm, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Curtis Daniel Nichols Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Kristen Ann Harris Neglect of a dependent, Level 6 felony

Carrying a handgun without a license, Class A misdemeanor

Jasmine Noelle Drew Residential entry, Level 6 felony 

Kiel Deshae Banks Two counts of criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Romanno Harron Wright Two counts of criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Darius Montel Bushrod Two counts of criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Antonio Louis Bushrod Jr. Two counts of criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Devontae Raheem Waddell Two counts of criminal recklessness, Level 5 felony

Carrying a handgun without a license, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Daniel Franklin Joy-Norton Residential entry, Level 6 felony

Eric Von Stroup Residential entry, Level 6 felony

Cody J. Fussner Unlawful possession of a syringe, Level 6 felony

James Thomas Richardson Auto theft, Level 6 felony

Malcom Tyler Payton Carrying a handgun without a license, Level 5 felony

Sirena Kay Jackson Battery by means of a deadly weapon, Level 5 felony

Domestic battery, Level 6 felony

Teri Lynn Taggart Battery with moderate bodily injury, Level 6 felony

Dustin Wayne McLean Possession of methamphetamine, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Jared Cade Seymour Dealing in a narcotic drug, Level 2 felony

Maintaining a common nuisance, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Riecken’s City Budget and Fiscal Management Plans

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I’m asked many times on the campaign trail, “Gail, what would you do differently than Mayor Winnecke?”  I always say it comes down to priorities, especially as it relates to fiscal responsibility and the city budget.  It is the Mayor’s responsibility to spend our tax dollars wisely, to practice smart, fiscal policy and to make sure there is an open, transparent budgeting process that produces a city budget that reflects our citizens’ needs and priorities. 

 

Mayor Winnecke hasn’t done that.  Too often, he has bowed to the desires of our bureaucracy, the special interests or a few well-connected developers and led us into bad deals and a weakened fiscal outlook.  As Mayor, I’d have a different approach.  My budget priorities would reflect our city’s greatest needs:  fighting crime, fixing roads and sidewalks, attacking blight and attracting new businesses and investment to Evansville.  And I’d do it with a highly disciplined fiscal policy, where projects are fully and openly vetting before tax dollars are committed, and a responsible budget surplus will be rebuilt to ensure that all of Evansville’s future needs could be met, giving our youth hope for a brighter future in Evansville.

 

Specifically this is what I would do as Mayor:

 

  1. Debt and Covering Expenses: Over the course of the Mayor’s term, our city’s debt has grown to over half a billion dollars.  He spends money the city doesn’t have, tapping into the city’s reserve funds with no plan to increase revenue or reduce expenses.  This debt has a negative impact on the city’s finances. As Mayor, I would create a spending plan prioritizing the needs of the city and not just the special interests and the chosen few.  I would make sure we know where every dollar is being spent and that we keep a strict budget, ensuring that we lower the debt and create a prosperous city for years to come.  The first challenge will be to have a thorough audit, so that we will know exactly where we stand financially, and can develop a plan to improve our financial standing.

 

  1. Stopping Tax Dollar Giveaways: Over the last four years, the Mayor has been spending taxpayer dollars recklessly.  He pledged $5 million to Earth Care Energy, which then went out of business.  He has committed the city to give $20 million to a private developer to build a convention hotel and when the design was cut back, the city’s costs remained the same.  As Mayor, I will be studious in the vetting process, and spend our tax dollars the same way I do with my own family’s money.  We need to plan ahead, and spend cautiously and carefully. 

 

  1. Fixing the Budget and Creating a More Transparent Government: The Mayor’s inability to manage a budget has caused the city to increase its debt to half a billion dollars with no plan to cut spending or increase revenue to eliminate it.  He has done all of this behind closed doors.  I would get the city’s finances under control.  I would create a spending plan and work to decrease the debt by decreasing spending.  I would ensure that, as local law requires, all Evansville Board and Commission Meetings are broadcast for public viewing, whether it is on TV or live streamed online, as well as video saved for future reference.  And finally, I would make sure all public reports are posted on the city’s website in reasonable style and for easy access by the public.  Our friends in South Bend have a website which allows anyone to see a check register for the city.  Their database helps create true accountability and transparency by allowing all citizens to see what we are spending and who we are spending it with.

 

  1. Creating Jobs and Eliminating Blight: With the city’s finances in peril, we need to help existing businesses expand and bring new businesses to our city.  I would do this with an Evansville First policy, which would help local small businesses compete for city contracts by stressing contracting with local businesses for goods and services.  I would work to attract new businesses to Evansville by offering tax incentives to businesses that want to locate to Evansville and businesses that want to grow in Evansville, and incentives that are published and fairly applied without personal likes and dislikes.  By tearing down blighted houses or rehabilitating them, we will also create construction jobs for both the deconstruction of blighted houses and the construction of new homes or businesses, while at the same time creating more attractive neighborhoods that will entice new businesses to move there and existing businesses to expand.

 

  1. Providing Police and Firefighters with What They Need: Under the Mayor’s administration, crime is on the rise.  The crime rate has gone up each year under his administration, up 13% in 2012, 1% in 2013, and 28% in 2014.  There has also been a lack of funding within the fire department, where equipment such as air packs and trucks are in disrepair, and what is working is in short supply.  As Mayor, I will prioritize community policing, allowing officers to build trusting relationships with the community, support the efforts to expand the safe places program to help police get dependable information on crimes, and select a police chief whose leadership will raise morale and set a high standard of operations.  As Mayor, I will work to reinstate policies that recognize the importance of firefighters as a family unit who must know the territory they are working.  I will select a fire chief who will raise the morale within the department and set a high standard of operations.  I will work to ensure that not only do we have the best trained police and firefighters possible, but that these heroes of Evansville, who put their lives on the line each day, have safe and functioning equipment, as well as backup equipment.  No Evansville family should lose their home simply because they were sent the backup truck that was not adequately equipped or maintained as some are now.

 

  1. Fixing our Sidewalks and Roads: Simply put, our roads and sidewalks are falling apart.  There are potholes everywhere and sinkholes are forming at many locations, such as on E. Delaware Street.  Sidewalks are cracking and deteriorating and are unsafe to walk on, especially for seniors and the disabled.  And that is where there are sidewalks.  The mismanagement of city funds during the Mayor’s time in office has led the city to not having the funds to perform the simple tasks needed to improve quality of life in the city by repairing our sidewalks and roads.  As Mayor, I will work to fix our crumbling roads and sidewalks and not just during election years.  We need to prioritize the needs of the entire city when spending tax dollars and fixing sidewalks and roads should be near the top of that list.  No one should ever feel like they are going to damage their car or hurt themselves just by driving their kids to school or walking to visit a friend.   

 

The next Mayor of Evansville has to set priorities based on the issues that affect the entire city, not just special interests.  A lack of transparency and wasteful spending has diminished our city’s reserves, increased our debts, and has put our bond rating at risk, hindering our ability to make needed repairs to sidewalks and roads, combat blight and to upgrade and replace equipment for our police and firefighters.  As Mayor, looking out for the people of Evansville will be my first priority.  I will spend every day fighting for the people of Evansville and working to make our wonderful city stronger.

t

VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office today.

Deshaur Tioun Pegue Carrying a handgun without a license, Level 5 felony

Jeremy Joseph Clem Operating a vehicle while intoxicated, Level 6 felony

Operating a vehicle while intoxicated endangering a person with a passenger less than 18 years of age, Level 6 felony

Ronald Wayne Haire Domestic battery, Level 6 felony

John Carl Kennedy Jr. Domestic battery, Level 6 felony

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

LETTER TO EDITOR WORTH REPOSTING: Mayoral Candidate Gail Riecken Asks Mayor Winnecke and His Controller Russell Lloyd Jr To Explain City Financial Mismanagement Issues

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Evansville, IN – Mayoral Candidate Gail Riecken today discussed a letter she sent to City Controller Russell Lloyd and Mayor Winnecke asking questions regarding the mismanagement and lack of transparency relating to city finances.

“I am asking the Mayor’s Controller Russell Lloyd that the administration respond to these simple questions,” said Riecken. “I am not trying to point a finger, I am trying to show that there is a problem and the city needs to admit that so they can start fixing the problem.” She continued, “Transparency is so lacking in the Mayor’s administration that there is reason to worry about the future of our fiscal health. That is why I authored a bill in the legislature on an accrual method of accounting called GAAP.”

Riecken discussed the fiscal priorities for her administration. This would start with an evaluation of the city finances and assessing the expenses and revenue. Ensuring public safety and road/sidewalk repairs would be priorities.

“I would look to fix the financial issues that have plagued our great city over the last 3 plus years,” said Riecken. She continued, “We need to start by assessing the shortfalls in the budget and know what our realistic projected revenue is and what our expenses should be. We then need to ensure the basic services that benefit the entire city are fully funded, including ensuring that police and firefighters are equipped with what they need to protect the residents of Evansville. We need to make sure that the roads and sidewalks are maintained so we can drive our streets and walk on our sidewalks without fear of injury. The Riecken administration will concentrate on the needs of all the people of Evansville, and not the wants of special interest groups.”

“We need to protect taxpayer dollars and make sure that Evansville’s dollars are helping Evansville’s families. We would stress contracting with local businesses for services using a competitive bid process and keeping the process transparent, so the public knows who is making our decisions” said Riecken. “Helping established businesses expand would be a priority and that may mean offering incentives. And bringing new business to Evansville would be a priority and that may mean incentives to help get them here. But that isn’t the same as doling out money. Just because a business wants to come to Evansville, doesn’t mean the city needs to give them money for doing it. Government alone should not be the venture capitalist in projects.”

Gail Riecken is running for Mayor of Evansville and is a former Evansville City Council-woman, Evansville Parks Director, and a current member of the Indiana State House of Representatives. She is a lifelong Evansville resident, has been married for 46 years, and has 2 children and 3 grandchildren.

 

OVER INCOME TENANTS

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