Durham and two partners are accused of fraud in the operation of Fair Finance, an Akron, Ohio, based investment firm which closed in a $200 million bankruptcy after a raid by federal agents in November 2009.
"Well, I'm really hoping that the government is not going to try to turn this into a class warfare-type battle," said defense attorney John Tompkins. "To try to engender images of class differences in persuading the jury; we're certainly going to avoid that. The facts don't particularly lend themselves to any class in society so any attempts that the government makes to turn this into a class battle I think are inappropriate."
The prosecutors told Judge Magnus Stinson that they have videotape of an undercover officer meeting with a Fair Finance sales representative.
Tompkins said that tape and Fair Finance sales documents will prove that investors were informed that Durham and his partners were using their funds to loan money to other companies.
"That is another instance of things that were recorded and again we think that full recordings are essential to the full story coming out," said Tompkins.
Federal agents also wiretapped and recorded several hours of conversations between Durham and his partners in the weeks leading up to the FBI raid on the financier's Monument Circle offices.
Tompkins is expected to argue that Fair Finance was a viable and lawfully operated company and failed due to the federal raids.
Jury selection is expected to begin June 8 with testimony to last at least two weeks.
Tompkins said he does not expect the federal government to offer his client a plea agreement.
While more than 100 pieces of evidence will be introduced and up to 30 witnesses called, one name missing from the witness list was that of former Marion County Prosecutor Carl Brizzi.
Brizzi was a party going friend of Durham who also helped finance the prosecutor's 2006 reelection campaign. Brizzi also invested money with Durham and served briefly on the Fair Finance Board of Directors.