In an action by the FDIC, acting as receiver of a partnership, seeking disgorgement of embezzled funds from defendants, summary judgment for plaintiff is affirmed where: 1) the district court was not required to draw an inference that a convicted felon had lied in his affidavit; 2) defendants failed to present evidence that the transaction at issue was a loan; and 3) the district court did not err under Ohio law in its calculation of the appropriate amount of damages owed to the FDIC.
Submitted: August 1, 2008
Decided and Filed: July 23, 2009
Opinion by Judge Gibbons
Concurrence by Judge Gilman
Dissent by Judge Kennedy
Jaclyn C. Taner, Federal Deposit Insurance Corporation, Arlington, VA