Re: You can't write better dialogue that this!
13 Q. Now I would like to direct your attention, Mr. Sylver, to
14 the bottom left-hand corner of defendant's exhibit 34. And
15 this is a copy of certificate number 2142 for 4 million shares
16 of Amazon Natural Treasures, Inc. The record owner listed on
17 this certificate is J. B. Oxford and Co. Do you see the date
18 in the lower right-hand corner?
19 A. Yes.
20 Q. And is that date May 19, 19987
21 A. Yes.
22 Q. And does that refresh your recollection that in fact
23 Fidelity Transfer Company issued a certificate to J. B. Oxford
24 for 4 million shares on May 19, 1998, despite the fact that
25 you claim that you sent numerous letters to Fidelity Transfer
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
SYLVER - CROSS 27
1 throughout May asking them not to issue any additional
2 certificates and not to affect any transfers; is that right?
3 A. Two-part question.
4 Q. No. The question is simply whether they issued the
5 certificate on May 19 --
6 A. No.
7 Q. -- 1998, despite the fact that you sent numerous letters
8 to them asking them not to issue any additional certificates?
9 MR. LANDISH: Your Honor, he's asked to testify about
10 matters beyond his control. He is not responsible for the
11 Fidelity Transfer.
12 MR. MONTAL: Your Honor, I take exception to that
13 because Fidelity Transfer is in fact the agent as a matter of
14 law of Amazon Natural Treasures. That's why they're called
15 the transfer agent. There are times that companies themselves
16 act as their own transfer agent. And I believe in fact as of
17 the current date Amazon has terminated its relationship or the
18 relationship between Amazon and various different transfer
19 agents have been terminated and Amazon is now acting as its
20 own transfer agent.
21 THE COURT: Well, I understand. But I think the
22 question that you're asking is was this done and I think what
23 he's saying is that he doesn't have any knowledge of it being
24 done. But you can certainly ask him if that's what's
25 indicated from the exhibit that has been received without
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
SYLVER - CROSS 28
1 objection.
2 MR. MONTAL: Well, if that's the case, your Honor, I
3 was just using this to refresh his recollection as to the
4 sequence of events.
5 THE COURT: Well, you're at liberty to do that. And
6 why don't you ask him if he -- if that does refresh his
7 memory.
8 BY MR. MONTAL:
9 Q. Does this refresh your recollection, Mr. Sylver, as to the
10 date upon which Fidelity Transfer issued certificate number
11 21427
12 A. It was in or around this date.
13 Q. And so is it your testimony that -- you have no reason to
14 believe that the date on here is incorrect; is that right?
15 A. You're missing the point.
16 Q. No, Mr. Sylver --
17 THE COURT: Listen to the question.
18 BY MR. MONTAL:
19 Q. I asked simply a very simple question. You have no reason
20 to believe that the date on the lower left-hand corner of
21 defendant exhibit 34, which is this certificate, is incorrect?
22 A. Yes.
23 Q. You have reason to believe that it's incorrect?
24 A. Correct.
25 Q. And what is that reason?
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SYLVER - CROSS 29
1 A. Well, after we got all the transfer records we saw that
2 Fidelity would receive a transfer, and they would receive it
3 write in the top hand corner of their bill of lading so to
4 speak. And then the certificate would be issued on a
5 different date than they received it.
6 Q. I didn't ask you what date the certificate was received.
7 I simply asked you whether certificate number 2142, which
8 bears a date on its face and which is now in evidence and the
9 date on there is May 19, 1998, if you have any reason to
10 believe that the date on that certificate is incorrect.
11 A. Yes.
12 Q. And what's the reason for that?
13 A. Fidelity Transfer would issue this -- for instance they
14 would issue the certificate on May 15th but put May 19th. Or
15 on May 28th and put May 19th on it. That was a practice of
16 theirs. I don't know why.
17 MR. MONTAL: Your Honor, that's hearsay. And --
18 THE WITNESS: No, I have the evidence in my brief
19 case.
20 MR. MONTAL: There is no foundation whatsoever for
21 any of that and I'd move to strike that.
22 THE COURT: It will be stricken.
23 MR. MONTAL: Thank you, your Honor.
24 BY MR. MONTAL:
25 Q. And so even according to your testimony that it happened
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SYLVER CROSS 30
1 maybe not exactly on May 19, but it happened somewhere around
2 May 19. Perhaps a day or two before, perhaps a day or two
3 later. The fact of the matter is Fidelity Transfer was
4 issuing certificates of Amazon stock even after you claim you
5 sent them letters throughout the month of May telling them not
6 to issue any more certificates, correct?
7 A. Correct.
8 Q. Now Fidelity is not a defendant in this lawsuit, are they?
9 A. No.
10 Q. You haven't sued them?
11 A. Yet.
12 Q. And in fact you haven't sued the -- this is going a little
13 bit off of the line of questioning -- but you haven't sued the
14 law firm in New York that you claim issued the erroneous
15 opinion letter either. They're not a defendant in this
16 lawsuit either, correct?
17 A. That's why there's the --
18 Q. I just asked if they're a defendant in this lawsuit?
19 A. No, no, no.
Sylver: "I have the evidence in my brief case" ROFLMAO!
- Jeff |
