- 38 - B. Alleged Experts Petitioners contend that Dooskin and Sacco provided the requisite independent analysis of the investment. We disagree. Dooskin and Sacco, neither of whom had any knowledge of the plastics recycling industry, reviewed the memorandum for, at most, 7 hours combined. Their only knowledge of SAB Foam came from the memorandum (i.e., promotional material) and from what petitioner told them. Dooskin testified that he informed petitioner the investment “passed muster”, but that the economics of the investment “was dependent upon the valuation of the equipment”. Petitioners, however, failed to undertake the necessary due diligence and seek a thorough and independent analysis of the value of the recyclers despite Dooskin’s warning. We are not convinced that Dooskin’s and Sacco’s review of the memorandum was any more than a very limited inquiry. Neither petitioner nor his partners made any separate payment for professional services by Dooskin and Sacco, and consequently they could not expect the accountants to do more than read the memorandum for form and apparent professionalism, potential benefits, and obvious dangers. C. Petitioners’ Relationship With Miller and Becker Regardless of the foregoing, petitioners contend that petitioner’s alleged “deep and longstanding professional relationship” with his advisers justified his reliance on them.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011