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further testified that she had been pressured by Mr. Wolfe into
signing the affidavits dated April 21, 2003. She recanted the
statements made therein. She stated that she did not oppose
respondent’s Motion for Entry of Decisions, either on her own
behalf or on behalf of WFO.
Mr. Wolfe testified that in the meeting he and Mrs. Wolfe
had with Messrs. McCarthy and Brant on the afternoon of March 11
to consider settlement, he instructed Mr. McCarthy not to sign
the stipulation of settled issues until he and Mrs. Wolfe had
agreed to all the terms and had an opportunity to review the
stipulation. He testified that, at the conclusion of the
meeting, Mr. McCarthy assured him that he would obtain
concessions from respondent regarding the purportedly double-
counted income and the income included in the wrong year, and
that he (Mr. Wolfe) was to meet with Mr. McCarthy the following
day to review final settlement documents. Mr. Wolfe testified
that he was surprised to discover that Mr. McCarthy had signed
the stipulation without obtaining the foregoing concessions.
Mr. Wolfe further testified that he told Mr. McCarthy at a
meeting in January 2003 that Mr. McCarthy was not to make any
decisions on his or Mrs. Wolfe’s behalf without their written
approval. He testified that he confirmed this instruction in the
following letter sent to Mr. McCarthy, which was introduced into
evidence:
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