William and Joan Spears - Page 39

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          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 the             









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