To: Janice Shell who wrote (13150 ) 11/25/1998 6:33:00 AM From: tonto Read Replies (1) | Respond to of 26163
I believe it is not as cut and dried as Spidey has so ruled...MR. QUALEY: They have 2.2 million at least that came 3 from J.B. Oxford. 4 MR. MACLEAN: Well, we have a credit with the 5 depository system for stock. We do not have a certificate. 6 And I must say, your Honor, when my friend starts talking about 7 laws of other jurisdictions, we shouldn't forget that this was 8 reg S stock, initially, intended to be sent offshore to be held 9 by a nonresident -- a non-U.S, resident investor, and so -- 10 THE COURT: Well, I understand. 11 MR. QUALEY: Which it never was. It is in violation 12 of reg S to begin with. 13 THE COURT: Okay. Well, I've told you what I'll do. 14 MR. QUALEY: So all we -- 15 THE COURT: It seems fair to me. I don't know how I 16 can impact on third parties. You've participated in the 17 creation of the problem that you had for yourselves. 18 MR. QUALEY: We initiated the business transaction, 19 yes, but what occurred afterwards was not our doing. I mean -- 20 THE COURT: Well, but it was put in motion. It was 21 made possible because of what you did. And it seems like to me 22 that what they're asking prevents you from doing something 23 that's damaging to them. 24 I'm not persuaded that Canaccord or Oxford have done 25 anything wrong that wasn't put in motion by what you did. So ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 81 SYLVER - DIRECT 1 you're going to have to live with this order, I think, 2 initially. 3 MR. QUALEY: If we could, your Honor, if you could 4 just delay it until tomorrow, so I can -- or Monday. I can 5 propose a similar order. 6 THE COURT: Sure. You can talk about it. And if 7 there are things you want to change, and then you can come in 8 Monday to me. Do we have people from out of town? 9 MR. MACLEAN: Your Honor, I'm sitting here feeling 10 some ire in that I made arrangements to stay over from 11 Wednesday for hearing today. There were several attempts at 12 meetings yesterday that were aborted. I sat twiddling my 13 thumbs, rather than the slot machines. I must go back tonight. 14 I am not free Monday. I am not sure what might have happened 15 to my calendar for the rest of the week in my absence. 16 THE COURT: Well, if we have a hearing and you need to 17 participant, I'll set up a telephonic circumstance, so that you 18 can participate. 19 MR. LEFEBVRE: Your Honor, could I propose this? The 20 Court execute that order. And if he wishes to come back and 21 have it reconsidered with another proposal that that 22 (indiscernible 23 THE COURT: Well, I'd rather have you talk. There may 24 be some things that you can iron out. But my intention is to 25 execute this order unless some conversation between you invites ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 82 SYLVER - DIRECT 1 an order that would be modified. And this would be an order 2 that would be in effect until further order of the Court. But 3 why don't you talk about it and see if there's something 4 specific that you can ask of them to do. This seems to me to 5 be a balanced order. 6 FIR. QUALEY: Let me just -- 7 THE WITNESS: Yeah. Can we in this order -- this -- I 8 have a question about this order, your Honor. After signing 9 this order, if people, okay, individuals, who own our stock 10 call their brokers and say send me my certificates that I 11 bought and paid for, from what I'm reading, this order will 12 make that person in violation because that is changing the DTC 13 and doing all these things. And there's going to be hundreds 14 of people -- 15 THE COURT: I don't think it changes anything. It's 16 dealing with the parties who are here, and that's it. 17 THE WITNESS: Okay. So in essence, then if it back -- 18 could actually say our depository clearing house or otherwise, 19 but Amazon Natural Treasure short-squeeze program can still go 20 on. 21 THE COURT: Well, that's exactly what you don't want, 22 isn't it? 23 MR. MACLEAN: Your Honor, if I could just address this 24 point. I don't know if I should come to the podium or not. 25 But what Mr. Sylver has described here, and he says Amazon is ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 83 SYLVER - DIRECT 1 the victim of it. And I don't know whether it is or not, and I 2 don't think he's alleging that Canaccord's part of it. 3 THE WITNESS: No. I didn't say that. 4 MR. MACLEAN: He's alleging that Amazon is subject to 5 a short play not a short squeeze. And what he's saying is that 6 Amazon has a program to combat that which is a short squeeze. 7 The short play drives down the price of the stock because of 8 the people that sold it at higher values want to buy in at low 9 levels to cover their position and make money. 10 What Mr. Sylver and his company want to do is a short 11 squeeze by reducing the shares in the system, so the price goes 12 up and will -- 13 THE COURT: And I don't intend to participate in 14 anything of that character. 15 MR. MACLEAN: Exactly. He wants the Court to solve a 16 problem that's made by people not before the Court and is not 17 an artifact of the problems that is there before the Court. 18 THE COURT: No. Forget about that. I don't intend to 19 do that. AZNT counsel admitted that AZNT initiated a transaction which ultimately created a huge problem. It has not disclosed sufficient information. The court recognizes culpability on the part of AZNT. There are problems in this case which were created by management of AZNT.