Attorney: Durham phone taps illegal

INDIANAPOLIS (WISH) - Attorneys for embattled Indianapolis businessman Timothy Durham want his case thrown out because they say the government used illegal wire taps to indict him.

On Wednesday, Durham’s attorneys filed a motion to dismiss the indictment with prejudice due to “outrageous government misconduct.”

Court documents from the defense accuse the government of illegally tapping Durham’s cell phone on Nov. 2, 2009 during a “pre-warrant line test.” The government submitted an application on Nov. 6, 2009 to place a wiretap on Durham’s phone.

The lawyers argue further that the government’s entire case is based on illegal wire taps, which is why they say the indictment should be dismissed.

Durham was indicted along with two other men — Rick D. Snow and James F. Cochran — on 10 counts of wire fraud, one count of securities fraud, and conspiracy to commit wire and securities fraud. He’s accused of bilking investors out of more than $200 million.