- 52 -- 52 - Recycling offering memorandum from a legal standpoint. He did not consider Cohen to be an engineer or an expert in plastics recycling. Cohen indicated that he had invested in a 1981 Plastics Recycling transaction, and he agreed to compare the two offering memoranda. Fredericks understood from Cohen that the two transactions were virtually the same and that the investment offered good tax advantages. He did not ask Cohen whether he had received any royalties. Porter was a licensed engineer and the president and principal stockholder of PDE, a plastics molding company for which Fredericks was a director. Fredericks knew that PDE had been recycling plastic scrap since the late 1970's. After reviewing the SAB Recycling offering memorandum, Fredericks telephoned Porter and asked him if there was any economic value in a machine that recycles polyethylene or one that recycles polystyrene. According to Fredericks, Porter believed that recycling was economically viable depending upon the price of oil. Fredericks did not inform or question Porter about the Plastics Recycling transactions, the Sentinel EPE recycler, or any details of plastics recycling. He did not tell Porter what machine he was investing in; he did not describe the machine to Porter; he did not tell Porter the price of the machine; he did not send Porter a copy of the offering memorandum; and he did not ask Porter if there were any comparable machines already on thePage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011