- 29 - interest in Plymouth. Greene knew that Bachmann had no education or work experience in plastics or plastics recycling. Greene's review of the offering memorandum was fairly perfunctory. When asked at trial if he had read it, Greene replied, "I did read it, [but] I can't say that I read it cover-to-cover." Greene testified that although he did not discuss valuation with Bachmann, he did read and rely upon the reports by Ulanoff and Burstein. However, Greene only glanced at the section relating potential conflicts of interest, and he could not recall at trial that Burstein was a business associate and legal client of Miller's. Greene did not check any of the underlying assumptions or figures set out in the offering memorandum. He did not prepare any kind of report or analysis for Brodie. He sought no independent verifications of the representations in the offering memorandum, even though Bachmann, Schwartz had clients who were in the plastics business. He relied exclusively on Bachmann. Greene reluctantly admitted that he received a commission as a result of Brodie's investment and that the amount of the commission paid could have been 10 percent. Greene purportedly explained to Brodie the environmental and economic benefits of the Plastics Recycling transaction as well as the tax benefits. Brodie understood that the tax benefits exceeded the amount of his investment, and that they were generated by the purported value of the recyclers. However, he did nothing to verify the purported value of the Sentinel EPEPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011