Cleveland partners Brian Bash and Kelly Burgan were quoted in the June 25, 2010, WISHTV.com (Indianapolis) article, "Trustee Defends FBI Durham Car Seizures." Bash is the court-appointed trustee in the bankruptcy of Fair Finance, a 76-year-old Akron, Ohio, based investment company which ceased doing business after an FBI raid in November 2009 with over $200 million owed on investment certificates. Burgan is legal counsel for Bash in the matter. FBI agents recently seized exotic and luxury cars that Fair Finance co-owner Timothy Durham owned. Durham is accused of running Fair Finance as a Ponzi scheme that left thousands of investors out millions of dollars. According to the article, Durham's attorney claims the FBI wasted taxpayer money seizing Durham vehicles because Durham had already given the trustee titles to the cars.
Burgan defended the FBI, saying, "It's our belief that anything they did is aimed at protecting and preserving assets for the investors and not for any other reason." Burgan added, "The trustee is on the same page with the district attorney and the FBI's office, which is, that proceeds from any of these properties will go for the benefit of either the estate or the investors, however you will look at it."
According to Bash, they have titles to about 20 of Durham's vehicles and they've also recovered some of the art work that was once inside his home. "We've been working with Durham's counsel to make certain that we have an understanding that anything of Durham's that's sold, we're going to get paid over to us, to reduce down the indebtedness that he owes to Fair Finance," said Bash. He said Durham's attorney has been cooperating with the trustee. "It's been a little bit on the tardy side, but we are getting some cooperation," Bash said.