- 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 section
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