- 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 negotiated
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011