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Wiideman v. Del Papa

Citation: 10 F. App'x 344Docket: No. 00-4174

Court: Court of Appeals for the Seventh Circuit; May 10, 2001; Federal Appellate Court

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Randal Wiideman filed a diversity lawsuit against Frankie Sue Del Papa, the Attorney General of Nevada, claiming to be the trustee of "Realty Trust International," which is associated with "Chicago Associates Group." Wiideman alleges that he executed a surety for a $1,000,000 loan to Del Papa intended to finance her 2000 Senate campaign, but she defaulted on payments totaling $350,698. He contends that Del Papa misappropriated the funds, leading to his fiduciary liability.

Previously, the court dismissed Wiideman's post-judgment motion to amend his complaint, labeling his appeal as frivolous due to his history of similar litigation. The court required him to demonstrate why sanctions under Rule 38 of the Federal Rules of Appellate Procedure should not be imposed. Wiideman's response to this request lacked a substantial defense against the imposition of sanctions.

Wiideman further accused Del Papa of extorting him by filing false criminal charges to obtain the $1,000,000. However, the court deemed his claims frivolous and reflective of his questionable character. Wiideman has a documented history of litigious behavior and has previously faced sanctions for submitting forged documents. His criminal record includes multiple convictions for perjury and fraud while incarcerated.

The court noted concerns about the authenticity of demand letters purportedly sent to Wiideman, suggesting they may have been generated by him. Consequently, the court sanctioned Wiideman $200 under Rule 38, requiring payment to the court clerk within 30 days. Failure to comply could result in restrictions on his ability to engage in further litigation.