- 21 - even suggest that a requirement of written authorization to settle existed, either in their post-March 11 letters to Mr. McCarthy challenging his authority to settle, in Mr. Wolfe’s affidavit, or in their voluminous submissions to the Court disavowing the settlement. Finally, in at least one other instance Mr. Wolfe submitted a misleading document to the Court; namely, the June 4 response to respondent’s Motion for Entry of Decisions on which, as Mr. Wolfe later admitted, he signed his then-estranged wife’s name, without her knowledge, at a time when they were engaged in a dispute over the appropriate course of action in this proceeding. Moreover, on this document Mr. Wolfe omitted the “(by POA)” designation he had placed next to Mrs. Wolfe’s purported signature on a previous submission, after having been specifically advised by the Court that such a designation would result in a document’s being disregarded with respect to his wife. Given Mr. Wolfe’s demonstrated willingness to proffer misleading documents and the other factors discussed above, we are not persuaded that the January 20, 2003, letter offered into evidence by Mr. Wolfe was ever sent to Mr. McCarthy. Based on the evidence adduced at the hearing and the entire record in these cases, we reject Mr. Wolfe’s testimony and arguments, and conclude that Mr. Wolfe and Mrs. Wolfe (for herself and as the representative of WFO) authorized Mr. McCarthy to sign the stipulation of settled issues and settle these cases.Page: 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