Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 15

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          another section 6700 penalty case in which Winer was not                    
          involved, which was being argued before the same judge presiding            
          over the Winer section 7408 injunction proceeding.  Davis later             
          advised the Jacksonville District Counsel's Office that the DOJ             
          had changed its position and did not approve of the amount of the           
          proposed penalties.                                                         
               In the fall of 1985, Winer and his attorneys determined that           
          they wished to conclude the section 7408 injunction proceeding              
          and explore the possibility of negotiating a settlement with the            
          DOJ.  Winer testified that he decided to settle the section 7408            
          injunction proceeding because he felt it was "detrimental to the            
          partners" of the partnerships in which he was the general                   
          partner.  Miller withdrew as Winer's lead counsel, and Fieldstone           
          was engaged for "the specific and limited purpose of exploring              
          and negotiating such a settlement" with the DOJ.  Fieldstone's              
          primary objective in any settlement with the Government was to              
          prevent the Government from restricting Winer in his profession             
          as a securities salesman.  Fieldstone was not involved in any of            
          the other Plastics Recycling cases.  The arrangement was that if            
          Winer and the DOJ were unable to reach an acceptable settlement,            
          Miller would then return to represent Winer during the trial.               
               A settlement conference in the Winer section 7408 injunction           
          proceeding was arranged for November 18, 1985, in Washington,               
          D.C., at the DOJ.  Before the conference, Davis forwarded to                
          Fieldstone a copy of a draft Final Consent and Final Judgment of            




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