- 23 - was reasonable, petitioners emphasized that Clothier had invested with them in the investments that Clothier had proposed prior to Whitman. However, petitioners did not claim, nor is there evidence, that Clothier invested in Whitman. Apparently, Clothier’s decision not to invest in Whitman did not dissuade petitioners. Like petitioners, Clothier had no knowledge of the plastics recycling industry. Moreover, Clothier did not consult with any persons who had expertise in plastics recycling. Instead, Clothier’s sources of information about Whitman were limited to the offering memorandum and the representations of insiders. The only persons with whom Clothier remembers discussing Whitman were: (1) Margolin, a Whitman sales representative; (2) Connel, a client of Clothier; and (3) either Winer’s attorney or one of the attorneys who wrote the tax opinion of Whitman. Each of these contacts either had a self-interest in the promotion of Whitman or had no knowledge about the plastics recycling industry. Clothier’s reliance on Margolin was unreasonable. Clothier remembers Margolin telling him that Whitman was a reasonable investment and that it had tax shelter advantages. These conclusory remarks, without further investigation, were not a proper basis for reliance, especially since there is no evidence that Margolin had any expertise with plastics recycling althoughPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011