153514P.pdf   02/07/2017  Richard Aguilar  v.  PNC Bank, N.A.
   U.S. Court of Appeals Case No:  15-3514
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Murphy, Circuit 
   Judge] 
   Civil case - Financial Fraud. In action by investors defrauded in a 
   criminal Ponzi scheme alleging defendant bank violated Missouri's Uniform 
   Fiduciaries Law, aided and abetted the breach of fiduciary duties, 
   conspired to breach fiduciary cuties and conspired to violate RICO, the 
   district court did not err in granting the bank's motion for summary 
   judgment; [for further details of the criminal case resulting from the 
   fraud, see United States v. Sigillito, 759 F.3d 913 (8th Cir. 2014)]; 
   plaintiffs' RICO and common-law claims fail because their evidence is 
   insufficient to establish a reasonable fact dispute as to whether the 
   defendant's predecessor bank objectively manifested an agreement to 
   participate in criminal activity with the founder of the scheme, had a 
   meeting of the minds with him or substantially assisted or encouraged his 
   conduct; with respect to the claims under Missouri's Uniform Fiduciaries 
   Law, plaintiffs' evidence failed to show the predecessor bank had actual 
   knowledge that the founder of the scheme was breaching his fiduciary duty 
   to the plaintiffs or that the bank's actions were commercially 
   unjustifiable and amounted to bad faith.