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TUCKER v. SOY CAPITAL BANK AND TRUST CO.

No. 1-10-3303.

974 N.E.2d 820 (2012)

363 Ill. Dec. 23

James C. TUCKER, Brian K. Adcock, Shelly K. Adcock, Terry D. Causey, John W. Flora, Lisa S. Flora, Jane F. Lawson, Jeff A. Ladd, Brent R. Locke, Jeffrey D. Sams, Daniel T. Touw, Ron G. Weade, and Dianne K. Weade, on Behalf of Themselves as Individuals, and as Representatives of a Class of Other Persons Similarly Situated, Plaintiffs-Appellants, v. SOY CAPITAL BANK AND TRUST COMPANY, a/k/a Soy Capital Wealth Management, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

June 28, 2012.

Attorney(s) appearing for the Case

Stephen P. Carponelli and Don F. Taylor , Carponelli & Krug, Chicago, Richard C. Leng , Law Offices of Richard C. Leng, Barrington, and Christopher M. Ellis and Shane M. Mendenhall , Bolen, Robinson & Ellis, of Decatur, for appellants.

W. Scott Porterfield , Adam Oyebanji , and Andrew E. Nieland , Barack, Ferrazzano, Kirschbaum & Nagelberg, Chicago, for appellee.

OPINION

Justice PUCINSKI delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs opened individual retirement accounts (IRAs) with the defendant custodian bank, Soy Capital Bank and Trust Company, a/k/a Soy Capital Wealth Management (Soy), and brought an action against Soy for losses as the result of an alleged "Ponzi" scheme by the owner of the fund in which they invested their IRAs. The circuit court dismissed the plaintiffs' first amended...

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