- 20 - the financial projections in any way. Kravitz accepted the evaluators' reports without question; he did not inquire as to whether the evaluators were investors or had any conflict of interest. The tax risk factors detailed in the offering memorandum did not raise any "red flags" for Kravitz because, he testified, he believed such caveats were insurance for the promoters against securities litigation. While Kravitz knew the tax credits depended on the value of the Sentinel EPE recyclers, he testified that the fact that much of the purchase price was represented by F & G's nonrecourse notes did not concern him. Triemstra testified that the representations in the Northeast offering memorandum indicated to him that it was unnecessary to look beyond the offering memorandum. Triemstra understood that valuation of the Sentinel EPE recyclers was important for purposes of the investment and energy tax credits, and he also recognized that the transaction was structured "to fall within the strata of the tax benefits." Triemstra accepted the representations in the offering memorandum regarding the Sentinel EPE recyclers and the reports of the evaluators. Triemstra ignored the cautionary language in the Northeast offering memorandum because, he testified, he had seen other offering memoranda and they all contained such warnings and risk alerts. As for Cohn, at trial he could not remember how thoroughly he read the Northeast offering memorandum, but he did recallPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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