- 34 - 3. Miller Petitioner also contends that he reasonably relied on Miller. Most of petitioner’s interaction with Miller was indirect and through his partner Lewin. When first approached by Lewin, in response to the offering memorandum for SAB Resource, Miller was supportive of the investment. With regard to the value of the recyclers, Miller was supportive of the expert reports by Ulanoff and Burstein. The memorandum disclosed that Miller was a 9.1-percent shareholder of F&G, was corporate counsel to PI, and represented Raymond Grant, the sole shareholder of ECI. The memorandum also noted that “Miller [would] receive substantial additional compensation for representing PI in connection with this transaction.” Not surprisingly, Miller was supportive of SAB Foam. Nothing in the record suggests that Miller had any expertise or knowledge with respect to plastics or plastics recycling, or that petitioners believed he had any such knowledge or expertise. There is also no showing that petitioner had any special or enduring friendship with Miller. Petitioner’s relationship with Miller was indirect, through Lewin’s tenuous acquaintance with Miller. Given the extent to which Miller was immersed in the SAB partnerships, how much he stood to benefit financially, and his lack of expertise regarding plastics materials and plastics recycling, we do not consider petitioners’ purported reliance onPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011