H. Robert Feinberg - Page 28

                                       - 28 -                                         
          available testimony gives rise to the inference that it would               
          have been unfavorable to his contention.  Accordingly, we review            
          Becker’s testimony in the Jaroff case below and consider the                
          extent of his expertise and the likelihood that he gave special             
          assurances or guarantees to petitioner.                                     
               Becker had no education, special qualifications, or                    
          professional skills in plastics engineering, plastics recycling,            
          or plastics materials.  In evaluating the Plastics Recycling                
          transactions and organizing the SAB recycling partnerships,                 
          Becker supposedly relied upon:  (1) The memorandum and the                  
          accompanying materials; (2) a tour of the PI facility in Hyannis;           
          (3) discussions with insiders to the transactions; (4) Michael              
          Canno (Canno), a client of Becker Co.; and (5) his investigation            
          of the reputation and background of PI and persons involved in              
          the transactions.                                                           
               Despite his lack of knowledge regarding the product, the               
          target market, and the technical aspects at the heart of the                
          Plastics Recycling transactions, Becker did not hire an expert in           
          plastics materials or plastics recycling.  The only independent             
          person having any connection with the plastics industry with whom           
          Becker spoke was Canno.  Canno was part owner and the production            
          manager of Equitable Bag Co., a manufacturer of paper and plastic           
          bags.  Becker spoke to Canno about the recyclers and PI, but he             
          did not hire or pay him for any advice.  Canno did not visit the            






Page:  Previous  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  Next

Last modified: May 25, 2011