Bernhard F. and Cynthia G. Manko - Page 13

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               F.  Petitioner's Criminal Proceedings                                  
               In 1986, approximately 2 years before Mr. Kletnick drafted the         
          letter confirming the settlement, a criminal investigation into             
          petitioner's Arbitrage Management activities was in progress.  Mr.          
          Kletnick is unsure of when he learned of the criminal investigation,        
          but believes it to be early 1987.  Petitioners' negotiators knew of         
          the possibility of a criminal investigation as of December 1987.            
          The criminal charges against petitioner related to the repurchase           
          (repo) transactions entered into by certain Arbitrage Management            
          partnerships during 1982 and 1983. The primary issue in the criminal        
          trial was whether the repo transactions were fraudulent.                    
               During the criminal trial in the U.S. District Court for the           
          Southern District of New York, petitioner sought to introduce               
          evidence that respondent had settled the civil tax claims against           
          petitioner and that these claims were based on the same facts and           
          theory as the criminal charges. Petitioner asserted that the                
          settlement  constituted  an  admission  by  the  Government  that           
          petitioner was at least partially justified in deducting the losses         
          that were claimed to be fraudulent in petitioner's criminal trial.          
          The Government objected to the admission of evidence of the                 
          settlement on the grounds that: (1) Respondent had not in fact              
          settled his civil tax claims against petitioner; and (2) even if            
          respondent had entered into such a settlement, evidence of the              







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