- 49 - Respondent’s 11-page motion for entry of decision, with a 15-page supporting memorandum, disclosed to the Court the facts that had been discovered in respondent’s investigation. Respondent informed the Court that, before the test case trial, Sims and McWade had agreed to settle the Thompson cases by reducing the Thompsons’ deficiencies in amounts sufficient to compensate the Thompsons for their projected attorney’s fees. As respondent explained to the Court, Sims and McWade had agreed with DeCastro that All settlement refunds in excess of the amounts provided by the December 1986 agreement would go ultimately to the benefit of Mr. DeCastro for payment of his legal fees and costs. Mr. DeCastro would be paid solely from amounts refunded by the Service to Thompson. * * * This “New Agreement”, in sum and substance, if not explicitly, was designed, and constituted an agreement by Messrs. Sims and McWade to pay Mr. DeCastro’s legal fees and expenses.22 21(...continued) indicates that Chicoine and Hallet’s motion to suppress evidence was pending when McWade offered the 20-percent reduction settlement to DeCastro in December 1986. Although McWade may have known of Chicoine and Hallet’s intent to file such a motion, the motion, in the form of a motion for leave to amend petition, was not filed until Jan. 12, 1987, after Chicoine and Hallett had entered their appearances. Any error in this regard, however, is immaterial, in view of our disposition of this matter. 22On brief, petitioners question the assertions in respondent’s motion that all settlement refunds “in excess of the amounts provided in the December 1986 agreement” would go to DeCastro. This assertion, however, appears to have reflected respondent’s understanding at the time. Once again, in view of our disposition of this matter, any error in this respect is irrelevant.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011