Linda Thompson
Attorney at Law
Undisclosed
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Internet: Undisclosed |
Mr. Joe Shea
Nutter, McClennen & Fish
One International Place
Boston, MA 02110-2699
By Fax: 617-973-9748
In re: FDIC v. Sweeney
Dear Mr. Shea:
Approximately 10 minutes after my previous fax to you today complaining of the calls I was receiving from your office alerting me to faxes which were not sent, I received another call, this one followed by the fax which was apparently the source of earlier calls.
How disappointing to receive nothing but a three line fax from you that is nothing but an acknowledgment that you received my fax of July 2, claiming it "does not accurately portray our telephone conversations on July 2, 1997 or the history of this matter."
I went to great lengths to accurately set forth the conversations, our proposals and your rejections, as well as your surly, condescending demeanor, in the manner in which you would refuse each proposal, then demand that the Sweeney's "submit a proposal." I note that you have not pointed to even one actual statement in my fax which you a believe was "inaccurate" and that is doubtlessly because you cannot.
You have refused to negotiate, you have refused to agree to withdraw the imminent and currently present threat to send armed federal agents to the Sweeney's home, you have rejected every proposal out of hand that was submitted to you yesterday, and you have refused to articulate any offer whatsoever from your client, yet your client continues to hand out copies of that self-serving fax it conjured up on July 2, in which FDIC claims to be "willing to negotiate."
This same facts was distributed today to the media by your client as well.
The third and final line of the fax that I received from you today that you "will promptly convey any written proposal received," would appear to the casual observer to be a nice, attorney-type thing to say, but in the context of our conversations yesterday, reiterated by my fax, it is nothing but the same taunt you made yesterday, which you made by way of refusing to negotiate, cutting off proposals as I was making them, by repetition of this same phrase.
This fax from you today is in response to my fax of yesterday to you which begged you to call off the Marshals in interested of furthering negotiations, which you again have flatly ignored while repeating the same refrain, demonstrating in writing the exact same conduct you exhibited yesterday on the phone.
It is very obvious that you and your client are being deceitful, both with the Sweeneys and with the media.
My clients are therefore sending a proposal to you, under duress, and under imminent threat of siege from federal, Marshals, for which you are directly responsible.
My clients faxed the essence of their proposal to the Secretary of Treasury this morning and I am attaching a copy of that proposal to you, with the further clarification that their offer to accept the judgement amount due to them includes accrued interest and relinquishment of all claims and interests in the property by your client.
The Sweeneys will accept payment of the judgement awarded them, which award included accrued interest, which they have computed to be in the total approximate amount of $6,258,346.00, to be paid from the assets of the non-federally insured ComFed Mortgage Company, rather than from taxpayer funds.
The Sweeneys will pay the balance that was due on the $1.6 million ComFed Loan at the time of the original judgement in 1991 and will reimburse any taxes paid on the properties by FDIC, believed to be approximately $215,139.00, providing all claims and interests in the titles to the property by FDIC (or RTC or ComFed, if any) are removed by your client and the title to the properties are restored and returned to them immediately.
The remainder of the proposal concerns the Sweeneys' guarantee of continued cooperation with various agencies and proposals for resolution of any award from a pending qui tam action against RTC on behalf of all taxpayers, none of which are directly concerned with this present proposal to resolve pending matters with the FDIC, and are contained in the copy of the Sweeneys' proposal to Secretary Rubin.
We extend this proposal with the understanding that you have demanded a formal proposal and that we are therefore in negotiation of disputed claims, and while negotiations are in progress, no person will attempt entry at the property, or attempt to enforce any pending order of possession or eviction against the Sweeneys or the properties that are presently the subject of these negotiations.