The company's computers will be returned by federal investigators in Indiana who continue to investigate Fair Finance, its co-owner Tim Durham and related Indianapolis business Obsidian Enterprises. In federal court documents, investigators said they suspect Fair Finance was being operated as a Ponzi scheme.
''We have the material we need from the computers. So yeah, they'll get them back,'' Timothy M. Morrison, U.S. Attorney for the southern district of Indiana, said Friday. The computer files were ''forensically copied,'' he said. Morrison said he was unsure when the computers will be returned to Fair Finance. He said his office was legally obligated to return the equipment once the data from the hard drives were obtained and copied. ''The investigation continues,'' Morrison said.
He said he did not know if Fair Finance will also be getting back paper files that FBI agents took out of the East Market Street headquarters. The search warrants used in the raids remain sealed, Morrison said. No one has been charged or arrested in connection with the investigation. Morrison had filed a civil lawsuit containing allegations of a Ponzi scheme on Nov. 24, naming as ''defendants'' some assets of Fair Finance and Durham, but he voluntarily withdrew the suit less than a week later.
Morrison's actions in this case (that could cost investors hundred of millions of dollars in loses) smell like prosecutorial misconduct.
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