Keith E. and Marilyn B. West - Page 15




                                       - 15 -                                         
          transaction satisfied certain tax regulations concerning the                
          organization’s qualification as a limited partnership so that it            
          could pass through tax benefits to limited partners.  Warren                
          concedes that his conversations with Maki were limited to tax               
          issues surrounding Hamilton and not Hamilton’s economic or                  
          financial aspects.  Maki did not testify during the trial.                  
               Warren did not invest in Hamilton because partnership                  
          interests were no longer available when he reached his decision             
          to invest.  Then Mejia told Warren that partnership interests in            
          Masters, another recycling partnership substantially identical to           
          Hamilton, were available.  Accordingly, Warren received the                 
          Masters offering memorandum.  Warren did not review the Masters             
          offering memorandum because it was substantially identical to the           
          Hamilton offering memorandum.  Warren did not undertake any                 
          independent investigation concerning Masters’ economic or                   
          financial aspects.  At trial, Warren testified that “the only               
          thing I had to go on was in the prospectus.  And it looked fairly           
          good.”  Warren further testified as to why the Masters prospectus           
          looked good to him.  “Two reasons:  One is the relatively                   
          generous tax benefit up front, and that in the long-run, it was             
          supposed to turn a profit.”  Warren further testified that he did           
          “very little” to monitor his investment in Masters.  Warren also            
          acknowledged that Mejia marketed Masters as a tax shelter.                  








Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011