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Investors' Worry Builds In Durham Investigation

Millions Of Dollars Hang In Balance

POSTED: 9:48 pm EST February 15, 2010
UPDATED: 6:23 am EST February 16, 2010

A man who once said he wanted to be the richest person in the world has lost the luxury of his privacy in recent months.

Tim Durham sits at the center of state and federal investigations, several lawsuits and a mob of angry investors who are demanding to know the whereabouts of millions of dollars, 6News' Rafael Sanchez reported.

Cynthia Massie, one of those investors, said she never saw trouble ahead, but she wants the heat to stay on the people she believes have her money.

Massie, who lives in Ohio, said that she invested $2,000 with Durham's company, Fair Financial in September 2009. She said the company promised more than 9 percent interest on that money and monthly payments based on that figure.

"Hey, if they are good at making money, they'll make it again," Massie reasoned. "They don't need to make it at our expense."

Massie intended for the money to help cover medical expenses for her 11-year-old son, Blake, who is autistic. She never saw a payment.

Massie's anger is focused on Durham, the man whose name is on the paperwork she signed.

"I think of him as, he's not much of a man. To me, that's not a man," Massie said. "A man has principle and integrity."

In 2007, Durham opened up his home to share a glimpse of the lavish lifestyle at his mansion on Geist Reservoir. View Slideshow

As co-owner of Fair Financial and CEO of Obsidian Enterprises, Durham amassed a lot of money. The FBI raided the offices of both businesses in November.

In a lawsuit, Fair Financial investors claim Durham and his partner used the company as their personal bank account, taking out millions of dollars.

"We can only hope that there's money left, and we're doing everything we can to try to find it," said David Meyer, the investors' attorney, who is pushing for a court-appointed receiver to manage the business.

Fair Financial has agreed to that, adding that "neither the company nor its officers are liquidating or ... dissipating assets."

"This case will impact this community for generations," Meyer said. "It's devastating."

Earlier this year, 6News attended a forum on Fair Financial that was expected to draw 500 people. Nearly double that number showed up to demand to know the whereabouts of nearly $200 million in investments.

When 6News recently visited several Fair Financial offices in northeastern Ohio, signs on the door said computers had been reinstalled and that the business was awaiting the return of documents that had been removed.

In a court filing last week, the company detailed why it isn't open for business. Fair Financial's attorneys said investors would have access to their money were it not for the surprise FBI raid. The company insists it wasn't engaging in any fraud or Ponzi scheme.

Regardless of the legal wrangling, investors are left in a lurch. Jim Erne had invested $99,000 with Fair Financial, hoping to use some of the interest payments to pay for the restoration of a 1929 Ford.

"I don't have the extra money to keep this, so I'm going to have to let it go," Erne said, referring to the vehicle. "I shouldn't have invested in it, but I did."

Erne, a retired school bus driver, worries that the investment certificates he holds might be worthless, and he's worried that regulators aren't moving quickly enough to aid investors, many of whom are elderly.

A hearing expected this week could determine who will control Fair Financial. The U.S. attorney said the investigation into the company's dealings is ongoing.

Durham and his associates have not been charged with any crime.

Here are some court documents pertaining to the Fair Financial case.

Durham Case: Class-Action Complaint

Durham Case: Fair Finance Response To Chapter 7

Durham Case: Forfeiture Complaint

Durham Case: US Attorney Dismiss Forfeiture

Durham Case: Emergency Motion For Interim Trustee

Durham Case: Fair Finance Response To Class Action Receiver Request

Durham Case: Ohio Securities Response To Fair Finance

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