- 16 - Permanent Injunction (Permanent Injunction) for Fieldstone to review. Davis also sent copies of these documents to Miller. No one other than Winer, Fieldstone, and Davis was present during the settlement conference, although Davis did leave the room at times to confer with her colleagues. The settlement was ultimately finalized on the same day. The only persons who participated in the actual settlement negotiations were Winer, Fieldstone, and Davis. As part of the settlement, at the insistence of Davis, Winer agreed to resign as TMP of the Plastics Recycling partnerships named in the complaint, including Davenport. According to Winer, Davis "said that I can't have you promoting these things and you need to resign." Davis knows of no other case in which the DOJ made an attempt to remove the TMP. According to Davis, at the time, the DOJ was concerned that Winer was continuing to make representations to the other partners in the Plastics Recycling partnerships that their deductions related to the partnerships were valid. Requiring Winer to resign as TMP was, among other things, an attempt by the DOJ to prevent him from continuing to make these representations. Winer understood that the duties of a TMP were the same as those of a general partner. However, Winer never investigated the duties of a TMP. According to Fieldstone, Winer's resignation as TMP was not a crucial term of the negotiatedPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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