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Mr. Izen testified that he met Mr. DeCastro, with
Mr. Hongsermeier and Mr. Bradt, in a hotel room on the eve of
trial of the test cases. Mr. Izen testified that he discussed
confidential matters with Mr. Hongsermeier in Mr. DeCastro's
presence that he would not have revealed to Mr. DeCastro had he
known of the settlement that Mr. DeCastro had negotiated on
behalf of the Thompsons. Mr. Izen testified that he was aware
that respondent planned to rely on the so-called comfort letters
at the trial of the test cases, inasmuch as some of the letters
were included in stipulations of fact filed with the Court, and
that he informed Mr. DeCastro that he would offer evidence of
collection actions brought by various Kersting companies against
Kersting program participants to counter the comfort letters.
Mr. Izen testified that Mr. DeCastro grabbed notes out of
his hand during the trial of the test cases, that Mr. DeCastro
was in a position to overhear Mr. Izen's conversations with his
witnesses during the trial of the test cases, and that Mr. Izen
observed Mr. DeCastro conducting a "private" conversation with
Mr. McWade during the trial of the test cases. Mr. Izen
testified that his allegations in oral argument before the Court
of Appeals for the Ninth Circuit in the DuFresne appeal that
Mr. DeCastro was a "mole" or "plant" for respondent during the
trial of the test cases were not based upon personal knowledge
but that Mr. Izen only wanted the opportunity to prove the point.
Mr. Izen did not provide any further evidence that Mr. DeCastro
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