- 17 - settlement with the DOJ. Moreover, Fieldstone recalled that there was a fair amount of negotiation with the DOJ regarding the degree of constraint on Winer's continued participation in the securities business and what reporting obligations would be imposed upon Winer as part of the settlement. In addition, Fieldstone recalled that "we were negotiating a letter to the limited partners and Mr. Winer's role as a tax adviser, those types of issues. I don't remember the details." It was Fieldstone's impression that the Government wanted Winer to resign as TMP, "maybe because he was one of the promoters of the transaction." Although Fieldstone knew what a TMP did, he did not specifically analyze it for purposes of finalizing a settlement with the Government. Fieldstone did not know how a TMP was appointed or changed, and he never did any research on the matter. On January 3, 1986, Davis sent Fieldstone another draft of the proposed Permanent Injunction. This document provided for an unspecified amount of penalties under section 6700 to be paid by Winer and Winer Development Corp. This penalty provision was removed from the Permanent Injunction later entered by the U.S. District Court fro the Middle District of Florida (District Court). A revised draft of the Final Consent was sent by Davis to Fieldstone on January 13, 1986. The revised Final Consent had been changed to state that the entry of the Permanent Injunction did not preclude the IRS from assessing penalties under sectionPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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