- 39 - was investing and managing nearly $3 billion of client funds. In view of their impressive investment experience and skill, there is little doubt that if petitioners themselves had thoroughly investigated the Plastics Recycling transactions before investing, they surely would have learned that the recyclers were overvalued and therefore the tax benefits flowing from the Partnerships were illusory. Spears testified that his firm's policy for investigating investment opportunities was to rely heavily on people who had studied the subject industry in depth. Yet Becker was not an expert in plastics materials or plastics recycling, and he did not study the plastics recycling industry in depth. Becker's "investigation" did not even uncover that competing, less expensive recyclers were already on the market. Even though Spears knew that Becker had no expertise in plastics materials or plastics recycling, he never asked Becker if he had consulted any plastics experts who were independent of the transactions. Spears testified that he simply assumed Becker had consulted the appropriate experts. While Farrell was at Smith, Barney, he did not perform any due diligence for any proposed investments because such work was done by the department or committee proposing or sponsoring thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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