Kenny that's fine, by all means write the letter, I didn't mean to suggest it wasn't appropriate, just that I personally was not enthused for the reasons stated. But relatedly, I would be interested in your view on this, which I haven't fully thought through myself. Suppose all the evidence you had for trial is what you have now from the public record, namely Mastro's admissions. You don't get bidding records, discovery, etc. Do you think as a private plaintiff you can win on a claim that YOU were defrauded? Is there enough to draw that inference under a clear and convincing evidence standard, or even under a preponderance standard? And if you think yes, based on destruction of evidence or whatever rationale, what are your damages, how would you calculate them?
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Last edited by Peter_Spaeth; 06-30-2015 at 07:02 PM.
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06-30-2015, 07:00 PM
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