- 15 - 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 ofPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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