- 49 -- 49 - Well, generally he would just, you know, talk about it * * * We had sort of a balancing out process. He would talk about something looked good and I would say, great * * * It was sort of implicit in our relationship at that time and the things we did that [Hertan] would go about evaluating things * * *. Fishbach knew that Hertan had spoken to Becker about the investment. Fishbach testified that he did not know if Hertan had a background in plastics materials or plastics recycling and that Hertan never told him "that he was a genius at plastics." Fishbach had ample opportunity to question Hertan about the Plastics Recycling transactions and the nature and extent of Hertan's investigation, but the record in this case indicates that he did not do so. He never asked Hertan if he had a background in plastics engineering or recycling. Fishbach believed that Hertan had thoroughly reviewed the offering memoranda, and he testified that he understood from Hertan that PI "seemed to have a real foothold in the marketplace." The offering memoranda, however, warned that there was no established market for the recyclers. Fishbach testified that it was hard for him to say honestly that he "knew all of the tax benefits" associated with the Partnerships. Yet the tax benefits flowing from SAB Recovery, SAB Recycling, and SAB Recovery Associates were reported on the Fishbachs' returns and attached Forms K-1, which Fishbach testified that he reviewed "in toto." Fishbach testified that he did not review the financial projections set out in the offering memoranda; that he did not check thePage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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