Re: DTC accuses Sylver of perjury; presents optical recordings as proof
MR. MONTAL: Good morning, your Honor. AS your Honor
13 stated the allegations we make in this motion are very serious
14 and we would not make them if we did not have hard evidence to
15 back that up.
16 Specifically the plaintiff's president, Mr. Sylver,
17 testified on January 29th, and I'm referring to pages 55 of
18 the transcript of January 29th and we have copies of the
19 transcript here, your Honor. I'd be happy to hand that up.
20 Mr. Sylver testified to specific phone calls that he claims to
21 have made to the Depository Trust Company and the way that
22 came about was not during cross-examination, your Honor. That
23 is during direct testimony that was proffered by the
24 plaintiff's counsel. They introduced at first partial phone
25 records from Amazon Natural Treasures showing calls to the
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
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1 Depository Trust Company based on Amazon's Natural Treasures
2 phone records and they indicated specific phone calls from
3 Amazon to 212, an 855 exchange, and then a phone number.
4 And Mr. Sylver testified -- and I'm paraphrasing the
5 substance of the testimony here that I believe runs from page
6 approximately 55 in the transcript to about 65 or 70 -- that
7 he made specific phone calls to the Depository Trust Company
8 to advise them of letters that he was sending to DTC and, to
9 the Depository Trust Company, with respect to the 4 million
10 shares of Amazon Natural Treasures stock that's at issue here.
11 And he then testified that he followed up on those
12 particular letters and in fact I just noticed this morning
13 that the description of the phone records in the Court's
14 records of what each exhibit is is defined as Amazon -- if
15 your Honor excuse me for a moment. I'd like to get the actual
16 -- it's described as, your Honor, Amazon Natural Treasures
17 AT&T phone bill showing calls to the DTC with respect to
18 letters written May 6th, May 8th, and May 22nd. And that's a
19 description I believe that the plaintiffs provided, they
20 prepared the exhibit list.
21 And if -- the only evidence of those particular letters
22 having been sent to the Depository Trust Company and of those
23 particular phone calls, the substance of those phone calls was
24 Mr. Sylver's testimony. And, your Honor, I knew based on my
25 investigation that it was DTC's position that they had never
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
1 received these letters and I was quite surprised with respect
2 to the phone calls.
3 Subsequent to the hearing that we had, that I believe ended
4 on, the last day was February 3rd, I advised people at the
5 Depository Trust Company what had occurred and also advised
6 them of the phone records with respect to Mr. Sylver's
7 testimony.
8 I then learned for the first time that there were certain
9 phones at the Depository Trust Company that in fact are
10 recorded and those phone calls are on a computer system
11 recorded on optical disk. It's standard practice in the
12 brokerage industry to record phone calls that come into
13 sensitive calls, sensitive areas of brokerage firms and places
14 like the Depository Trust Company to eliminate any possibility
15 of discrepancies of what took place during an important phone
16 call where there's lots of money at stake.
17 And over the last few weeks I -- at my instruction members
18 of the Depository Trust Company retrieved those phone calls,
19 your Honor. And we are here today with a witness who can
20 authenticate these phone records and these phone recordings
21 and we would like the opportunity to play them for the Court,
22 your Honor, because from those phone records that we've
23 retrieved based on plaintiff's own telephone bills it is clear
24 that there has been a fraud commited on this Court with
25 respect to that testimony and with respect to those phone
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1 calls for the purpose of bolstering the evidence about some
2 letters, that other than Mr. Sylver's testimony there's no
3 evidence that they've ever been sent, and for the purpose of
4 establishing a very critical point in this litigation and that
5 is: When did DTC the Depository Trust Company first receive
6 notice that there was any problem with respect to the Amazon
7 shares at issue in this case?
8 And Mr. Sylver's testimony, the one that's at issue here,
9 the testimony that's at issue here today, is the testimony
10 that was designed to establish that the Depository Trust
11 Company had notice sometime prior to May 21, 1998, when they
12 received the deposit of the Amazon shares. And, your Honor,
13 based on the evidence that we have here today we are prepared
14 to present it to the Court that testimony is false.
15 There was perjury that was committed in this courtroom and
16 that is why we felt it necessary to bring the emergency
17 motion. This is not simply a credibility issue. We are
18 talking about a predetermined attempt to defraud the Court as
19 to what the facts of this case are.
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