MS. MONRO: Let me go off the record, please.
(Off the record.)
MS. MONRO: Back on the record.
MR. MACPHAIL: Do you need to return that call right now because we let you get that out of the way.
THE WITNESS: No, no, no, no. See, they’ve shot —
MS. MONRO: Mr. Sylver, I’m handing you what has been marked as Exhibit 2. It is a letter addressed to you dated August 26th, 1999 and it has nine pages. Do you recognize this document?
(SEC Exhibit No. 2 was marked for identification.)
(Witness proffered document.)
THE WITNESS: Yes.
MS. MONRO: Is this a copy of the subpoena you’re appearing pursuant to here today?
THE WITNESS: Right.
MS. MONRO: Mr. Sylver, this document requires you to produce certain documents and the documents are described on pages 4 through page 9. Have you produced everything that has been requested on this list?
THE WITNESS: Yes, and there’s some more over there with the Kinko’s boxes in the stuff I’ve submitted to you.
MS. MONRO: Okay, let’s go through each number.
THE WITNESS: Okay, some things are not applicable that are listed, though.
MS MONRO: Number I requires you to produce all contracts, agreements, understandings or arrangements between AZNT which means Amazon Natural Treasures and all persons or entities hired or used by AZNT to provide consulting or related services.
Have you provided all such documents?
THE WITNESS: We don’t have any consulting agreements so that would be N/A.
MS MONRO: So you have no consulting agreements.
THE WITNESS: Right.
MS MONRO: Does that — number 2 requires you to produce all contracts, agreements, understandings or arrangements between AZNT and all persons or entities hired or used by AZNT to provide public relations, marketing, product promotions or related services.
Have you produced all such documents?
THE WITNESS: We don’t have any of those either.
MS. MONRO: You have no public relations, marketing, product promotions or related service agreements?
THE WITNESS: Correct.
MS. MONRO: Number 3 requires you to produce all contracts, agreements, understandings Or arrangements between AZNT and all distributors, vendors, merchants, sales outlets, retailers, wholesalers, and dealers of AZNT’s products.
Have you produced all such documents?
THE WITNESS: Yes, got those.
MS. MONRO: And those were produced earlier —
THE WITNESS: Or they are in there.
MS. MONRO: And in here, there are also some documents in here?
THE WITNESS: Right, right.
MS. MONRO: And when I refer to ‘here”, I’m referring to five boxes that are sitting on the bottom of the floor in the U.S. Attorney’s office. –
MR. MACPHAIL: Just for the record, on that issue, Mr. Sylver, you sent certain documents directly to Ms. Monro a couple of weeks ago and then there were certain additional documents which you didn’t have time to copy and send to us and we arranged to have a copy service copy those documents which were picked up by the copy service from you; is that correct?
WITNESS: Right.
MR. MACPHAIL: Okay and those documents have now been just this morning brought over here by the copy service, including the originals and the copies they made. Is that consistent with your understanding?
THE WITNESS: Correct.
MS. MONRO: Mr. Sylver, number 4 requires you to produce or Amazon to produce all contracts, agreements, understandings or arrangements between AZNT and all suppliers or manufacturers -or raw, semi—finished or finished ingredients or products used by AZNT in the manufacture, formulation or distribution of AZNT’s own final products.
Have you produced all these documents?
THE WITNESS: We don’t have any. We don’t deal with any outside people.
ragingbull.lycos.com
MS. MONRO: So you have no agreements from any --
THE WITNESS: We’re vertically integrated from the stuff in the ground to the finished product in the bottle.
MS. MONRO: Do you have any agreements between the vertical entities that you’re referring to? Actually, tell me that name of the vertical entities that you’re referring to.
THE WITNESS: Amazon Natural Treasures. It’s all us.
MS. MONRO: Your supplier is Amazon Natural Treasures? –
THE WITNESS: Right, right, in the jungle.
MS. MONRO: Well, what is ANTCIE?
THE WITNESS: That’s us. Amazon Natural Treasures.
MS. MONRO: Okay, do you have any agreements – are they separate corporations, however?
THE WITNESS: It’s a separate company.
MS. MONRO: - Separate company. Do you have any written or any documents pertaining to written agreements between –
THE WITNESS: No.
MS MONRO: -- and any of the vertically integrated companies with which AZNT –
THE WITNESS: No, no, the AZNTE or the Limitada Brazil is the company that has the export, to export the products here but you can’t have an American company in Brazil so it’s got to be a Brazilian company.
MS. MONRO: So there are no written agreements, however, between ANTCIE and Amazon Natural Treasures.
THE WITNESS: Right.
MS. MONRO: Number 5 requires you to produce all contracts, agreements, understandings or arrangements between AZNTT and Farmer (sic) Research Corp.
THE WITNESS: You should have got that already from Farmer (sic) Research.
MS. MONRO: Excuse me?
THE WITNESS: We couldn’t find our copy. We called Farmer (sic) Research and asked them to send a copy but they said they already got the subpoena and they were sending it out.
MS. MONRO: So you do have a contract, agreement or understanding with Farmer (sic) Research?
THE WITNESS: Yeah, we have a confidentiality agreement deal with them and then a proposal for the in vitro testing.
MS.MONRO: And a proposal. So you do not have -- Amazon Natural Treasures does not have copies of the confidentiality agreement or the proposal.
THE WITNESS: No. I don’t. I think I have a good idea where they went, too. We can get into that later.
ragingbull.lycos.com
MS. MONRO: All right, number 6 requires – number 6 requires you to produce all documents granting AZNT or relating to the granting to AZNT the right to export products from the Amazon Rain Forest to Brazil or any other foreign country.
Have you produced all such documents?
THE WITNESS: Yes.
MS. MONRO: Were those produced earlier --
THE WITNESS: Earlier, yeah.
MS. MONRO: — by mail as opposed to today.
THE WITNESS: Right, right.
MS. MONRO: Number 7 requires you to produce all documents relied on by AZNT to support the statement that Dr. Domingos Loricchio is a world renowned biochemist. Your production should include but not be limited to the resume or curriculum vitae of Dr. Loricchio.
Have you produced all such documents?
THE WITNESS: Yes. You’ve got some. Originally Tim brought some back.
MS. MONRO: When you said Tim brought some back.
THE WITNESS: Tim Dunn. –
MS. MONRO: Tim Dunn?
THE WITNESS: Uh-huh.
MS, MONRO: And what type of documents were those?
THE WITNESS: Diploma, his curriculum vitae, things like that, patents.
MS. MONRO: so you produced all such documents in your possession, custody and control at this point pertaining to —
THE WITNESS: Correct, yes.
MS. MONRO: Number 6 requires you to produce all documents supporting AZNT’s claim that the phytogenic products it purportedly develops, manufactures and/or sells can, quote, “can treat and cure human illness and disease”, end quote.
Your production should include but not be limited to all research or studies conducted by or on behalf of Amazon.
THE WITNESS: That’s in the catalog where it says phytogenics is a name, word and it’s defined by Amazon Nature Treasures and the definition of the word is, “use of plants end related species in the production of medicine to cure and treat human illness and disease. It’s the definition of that word.
MS. MONRO: Definition of the word phytogenics?
THE WITNESS: Right, that’s the definition. And I think Robert Qualey, attorney, submitted it to Webster’s Dictionary for — to be placed in there as a word.
ragingbull.lycos.com |
