George Fiorini, the former investment promoter serving a 30-day jail term for contempt of court, has asked to be set free pending the outcome of an appeal.

The appeal was filed Monday by Cincinnati lawyer Ernest Eynon three days after Mr. Fiorini was jailed by Hamilton County Common Pleas Judge Robert Ruehlman. In the appeal, Mr. Fiorini contends he provided authorities with all the documents he had for a court-ordered audit of his financials. He also alleges the demand for documents went "beyond the scope of the original accounting order."

A spokesman for the Ohio Attorney General's Office said the state will contest both the appeal and Mr. Fiorini's request to be set free until the appeal is heard. A lawsuit by the AG led to an agreement by Mr. Fiorini to discontinue his 10 Percent Income Plus Plan in September 2001.

- James McNair