LaSalle Bank Lake View v. Seguban

54 F.3d 387 (1995)

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LaSalle Bank Lake View v. Seguban

United States Court of Appeals for the Seventh Circuit
54 F.3d 387 (1995)

  • Written by Robert Cane, JD

Facts

LaSalle Bank Lake View (LaSalle) (plaintiff) sued its former employee and her husband, Ellen and Rafael Seguban (the Segubans) (defendants), under the Racketeer Influenced and Corrupt Organizations Act (RICO). LaSalle alleged that Ellen embezzled nearly $1 million during her 12-year employment and that Rafael accepted and used the embezzled funds with knowledge of their illegal source. The United States Attorney for the Northern District of Illinois also commenced a criminal investigation of the Segubans. While the criminal investigation was underway, LaSalle moved for summary judgment in its RICO civil action. The Segubans asserted their privilege against self-incrimination under the Fifth Amendment to the United States Constitution and declined to offer evidence to rebut LaSalle’s statement of facts. As a result, the court drew an inference of guilt and granted LaSalle’s motion. The court entered a $2.82 million judgment against the Segubans. The Segubans appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Rovner, J.)

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