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Tuesday, March 27, 2007

Ind. Decisions - Two Indiana decisions today from the 7th Circuit

Washington, Leon v. City Fort Wayne (ND Ind., Theresa L. Springmann, Judge) - The facts of this case are confusing, involving whether a 911 call was intentional or playful. CUDAHY, Circuit Judge:

The plaintiffs claim that they were simply play-fighting when Clara Washington mistakenly called 911. In January 2002, the plaintiffs brought a 42 U.S.C. § 1983 lawsuit against the City of Fort Wayne, Officer James Haupert, Officer Joel Slygh and Sergeant Fred Rogers (collectively, “the officers”). The plaintiffs argue that the officers violated their Fourth Amendment right to be free from unreasonable seizure by arresting them without probable cause. Officer Haupert, Officer Slygh and Sergeant Rogers filed a motion for summary judgment on the basis of qualified immunity. The district court denied the officers’ motion for summary judgment, and they now appeal. * * * Summary judgment is not appropriate when the facts are disputed as they are here. * * * We affirm.
USA v. VanWaeyenberghe, Gary (ND Ind., Allen Sharp, Judge) - ROVNER, Circuit Judge:
Despite the promising name— First Choice Investment Capital—First Choice should not have been the first choice for any investor. This is because it was a fraud. Set up to market earned automobile receivables (EARs) as an investment opportunity that would return 11% interest on a monthly basis, the program flourished at collecting investors’ money. It did not, however, do so well at returning it. Consequently, Gary Van Waeyenberghe, the mastermind behind First Choice and at least one other investment “opportunity,” was charged in a 54-count indictment with conspiracy to defraud, 18 U.S.C. § 371, mail fraud, 18 U.S.C. § 1341, wire fraud, 18 U.S.C. § 1343, and money laundering, 18 U.S.C. § 1957. The jury returned a verdict of guilty on all counts, and Van Waeyenberghe appeals, raising a number of issues related to his trial and sentencing. * * * Affirmed.

Posted by Marcia Oddi on March 27, 2007 12:20 PM
Posted to Ind. (7th Cir.) Decisions