Remember how confused poor Gary Sylver was about his brand new Creative Capital account? You know, the one he for some reason opened before he'd ever had any dealings with Andy Mann?
16 Q. Let me go to Exhibit 28. Who did you receive this
17 from?
18 A. Creative Capital.
19 Q. Now, this shows --
20 A. This is a year-end statement.
21 Q. A year- end statement?
22 A. I'm pretty sure that's what it is.
23 Q. It shows a transaction for 3/31, 1998, 319,500. Do you
24 see that?
25 A. Yes.
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1 Q. Do you know what that means?
2 A. It looks -- I think they were -- no, I don't.
3 Q. The next item shows 199,526.
4 A. No. I only know the last one.
5 Q. The last one is 4 slash 30, 300,000 A, Z, and T. What
6 does that mean?
7 A. That 300,000 shares of mine were transferred from my
8 account to Andy Mann's account. That's his account number.
9 Q. Now, you know that because somebody's told you that's
10 what it means?
11 A. Creative Capital has told me that.
12 Q. That's what they told you it means.
13 A. Yes.
14 Q. Did they tell you then that going up to items for 4
15 slash 21, 30,000 shares, you loaned 30,000 of your Amazon
16 shares to somebody else?
17 A. I can't answer that. I never made any arrangements to
18 loan anything but the 300,000.
19 Q. Well, when you received this statement, did you wonder
20 what all these loans meant?
21 A. No. To be honest with you, I didn't pay attention to
22 it until right now.
Now Judd questions Quiel about the same Creative Capital account:
1 Q. You have before you exhibit 28, defendants -- excuse me.
2 Plaintiff's exhibit 28. It would be that document to your
3 right.
4 A. This one here?
5 Q. The single-page document to your right.
6 A. Oh.
7 Q. Do you see that?
8 A. Oh, this page here?
9 Q. Yes. This was presented by Gary Sylver and I'm asking you
10 in your expertise if you can help me to figure out what some
11 of this means. Have you ever seen such a document as this
12 before in all your experience?
13 A. Yeah. It looks somewhat familiar.
14 Q. You have?
15 A. I've seen something similar, okay.
16 Q. Do you know what any of these transactions would
17 represent?
18 A. It looks like the account of Mr. Sylver. I -- it has a
19 fax notation on it, Creative Capital. So I'm assuming that
20 that's where it's come from. I don't know but it doesn't say
21 what firm it is. And it gives the activity report of his
22 account.
23 Q. Let's take the March 31st, 1998, transaction that has the
24 numbers 219500-L. Do you see that?
25 A. Yes.
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1 Q. In your experience what do you think that means?
2 A. It looks like they transferred, to DTC 219,500 shares of
3 AZNT from Raymond James to this firm and it looks like it
4 might be Creative Capital.
5 Q. For Mr. Sylver's account?
6 A. For his account.
7 Q. The next item, April 9th of 199526-L. Would that be the
8 same kind of answer? In other words Raymond James received
9 another 199,526 shares?
10 A. Yes.
11 Q. So as of that time Mr. Gary Sylver would have had over
12 419,000 shares of Amazon stock?
13 A. I guess that's a total.
14 Q. The next item is 4/16/98 of 43,000-S?
15 A. 4/16, you said?
16 Q. Yes.
17 A. Okay.
18 Q. What does that mean? What does the transaction reference?
19 A. It says loaned. Well, I guess it says loaned. I'm not
20 sure if they're notations but they delivered 4,300 shares so
21 that's a short delivery.
22 Q. 43,000?
23 A. I'm sorry. 43,000. It's a journal entry from account
24 35761955 to 35445306. I don't know who that might be.
25 Q. By this do you believe that Mr. Gary Sylver engaged in
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1 some shorting of 43,000 shares?
2 A. No. It looks like -- it looks to me as if he loaned the
3 shares to somebody.
4 Q. Oh, okay. Loaned. So then the same thing would be true
5 of the 30,000 shares in the next item?
6 A. That's what it looks like.
7 Q. same for the next? 30,000?
8 A. Yes.
9 Q. Then if I understand your testimony there would have been
10 a receipt of 71,160 shares?
11 A. From Raymond James.
12 Q. From the 29th?
13 A. Yes.
14 Q. Then a loan of 300,000 shares?
15 A. Yes.
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