UNITED STATES DISTRICT COURT
BOSTON, MASSACHUSETTS 02109




A. DAVID MAZZONE
DISTRICT JUDGE


December 12, 1997


The Honorable Bruce E. Tarr
Massachusetts Senate
State House, Room 314
Boston, MA 02133

Dear Senator Tarr:

While I share your concerns, expressed anew in your letter of December 9^th I believe our efforts have reached an impasse. While you speak encouragingly of the Sweeneys' willingness, and eagerness, to meet with the FDIC to seek an acceptable compromise, the FDIC has made it clear to me, and directly to the Sweeneys, that they are also willing to meet and discuss a proposal which involves payment to the FDIC by or on behalf of the Sweeneys. The Sweeneys have not indicated any willingness to make such a proposal, but apparently, are drafting a further response to the FDICs' response to their mediation statement.

I have reviewed this record intensively since the case was referred to me and I must say that I do not believe any further exchange of positions will be fruitful or will lead to a productive dialogue. Perhaps your referral to the district attorneys or to a forum for legislative oversight may result in a scrutiny of procedures and conduct of the judges, lawyers and clerks in this case, but I suggest the FDIC will not be affected.

Out of my respect for your continuing efforts, I will retain the matter until December 19, 1997, but I must have some concrete proposal to justify my continuing involvement and the stay I entered early on.

With regards,



A. David Mazzone