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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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