- 38 - opinion 72 F.3d 123 (3d Cir. 1995); Sacks v. Commissioner, supra; Steerman v. Commissioner, T.C. Memo. 1993-447; Rogers v. Commissioner, T.C. Memo. 1990-619; see also the Plastics Recycling cases cited supra note 8. In addition to his professional experience as a corporate and Federal securities lawyer, by 1981 Friedman had made a "great number" of personal investments. His approach to these investments was rigorous and methodical: he read the prospectus or private offering memorandum, spoke to an expert in the pertinent industry, investigated the risk factors described in the offering materials, consulted industry reports, and spoke to other active investors or lawyers. With respect to Clearwater, however, Friedman's investigation was wanting. Friedman did not speak to a plastics materials or plastics recycling expert, or investigate the risk factors described in the offering memorandum, or consult plastics industry trade journals or reports. His investigation of Clearwater entailed nothing more than reading the offering memorandum and discussing the investment with other attorneys at Shea & Gould. Friedman testified that he also provided a copy of the offering memorandum to his accountant and that his accountant did not advise against the investment. The accountant, however, had no experience in plastics or plastics recycling, and did not independentlyPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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