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Poulos & Campbell, P.A.
Attorneys at Law
August 8, 1995
Via Facsimlie
Peter C. Fessenden, Esq.
20 Federal Street
P.O. Box 694
Brunswick, ME 04011-0694
Dear Peter:
On the basis of the information I review with you and Gerry Kelly last Friday, it is very clear that Mrs. Petit has been conducting extensive post-petition operations beyond having people just doing work on her case against Key Bank. I think the deposition testimony of Mike Marcello, together with Ron Caron's acknowledgement, proves beyond any doubt that Mrs. Petit has been employing people to work on the Penobscot Indian case filed against Key Bank, Berstein Shur and others.
In order to help prove that she is conducting the operations rather than Ron Caron, you should obtain detailed documentation from the following:
Once this documentation is obtained, I believe that Sharri Girard, Shirly LeBlanc, and Ron Caron should be deposed before any further hearings are conducted in U.S. Bankruptcy Court. These people should be subpoened with a request that they produce all records pertaining to their work for Mrs. Petit and/or Ron Caron for the period covering January 1, 1990 to the present date, including their federal and state income tax returns for the years 1990-1994.
The documentation from the landlord, New England Telephone and Central Maine Power and the testimony of the deposed individuals should provide strong evidence to support any litigation against Mrs. Petit, Ed Simpson, Paul Richard, Steve Gordon, and Ron Caron for acting in concert with her or providing substantial assistance to her regarding the breach of her fiduciary duties to the creditors. The post-petition operations could not have been concealed for as long as they have been without the active participation of all these individuals.
I would like to be kept informed on a current basis as you receive further documentation and I would also like to be present and allowed to ask questions at the depositions of the above-named individuals.
If you have any questions or would like to discuss this matter further, please let me know.
Very truly yours,
Richard E. Poulos
REP:je
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