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6700 or the defendants from contesting such penalties in the
future.
The proposed Permanent Injunction was approved and signed by
Fieldstone, and mailed to Davis on January 20, 1986. Fieldstone
also sent a copy of the proposed Permanent Injunction to Miller.
Winer signed the Final Consent on behalf of himself and Winer
Development Corp. on January 27, 1986. In the Final Consent,
Winer neither admitted nor denied the allegations in the
complaint and consented to the entry of an order of permanent
injunction.
Fieldstone did not consider the terms of the Permanent
Injunction a total capitulation by Winer because, as the terms
were set forth, the Permanent Injunction did not prevent Winer
from being able to sell securities. Fieldstone believed he had
accomplished his objective because Winer was able to settle his
case with the Government and return to his career as a securities
dealer.
The Permanent Injunction was entered by the District Court
on February 18, 1986. In the Permanent Injunction, Winer and
Winer Development Corp. (hereinafter Winer) were enjoined from
promoting abusive Plastics Recycling tax shelter plans, including
Davenport and other Plastics Recycling partnerships, within the
meaning of sections 6700 and 6701. In general, Winer was
enjoined from organizing, selling, or marketing tax shelter
plans; making or furnishing oral or written advice to an investor
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