Want legal proceedings? Check this out:
AFFIDAVIT OF MICHAEL A. SYLVER IN SUPPORT OF
MOTION TO SHOW CAUSE WHY A
TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION SHOULD NOT ISSUE AGAINST THE DEFENDANTS
AND ALL OF THEM AND WHY THE CURRENT COURT ORDER
ENTERED OCTOBER 2, 1998, SHOULD NOT BE EXTENDED TO
NEWLY NAMED DEFENDANTS, CANADIAN DEPOSITORY FOR
SECURITIES LIMITED AND THE DEPOSITORY TRUST COMPANY
State of Nevada )
) ss
County of Clark )
Michael A. Sylver, being first duly sworn, deposes and says:
1. That your Affiant is the President of Amazon Natural Treasures, Inc., a Nevada corporation and if called upon to testify at court would state as follows:
2. That prior to March 15, 1998, your Affiant was contacted by Defendant JOSEPH ANDY MANN ("Andy Mann") who offered to buy 4,000,000 shares of restricted stock at $0.25 per share.
3. On or about March 16, 1998, subscription agreements were signed between Amazon Natural Treasures, Inc., Defendants, Andy Mann, Whitecliffe Investment Fund Ltd., and Shoreline Securities, Ltd., for the purchase of 4,000,000 shares of common stock of Amazon Natural Treasures to be issued pursuant to Regulation S and Regulation D promulgated under the Securities Act of 1933 as amended ("The Act") for a total consideration of $1,000,000.00 See Exhibits 1 and 2 attached to the Amended Complaint.
4. On or about March 26, 1998, your Affiant was contacted again by Andy Mann who represented that he desired to show his good faith with his investors and asked to borrow 180,000 shares. Mr. Mann represented he would pay $90,000.00 to borrow the stock. Your
[end page one]
Affiant advised Mr. Mann that Amazon did not have any available stock. Mr. Mann asked if your Affiant knew anyone who could loan him the stock temporarily.
5. Therefore, through Gary Sylver and Titan Investments, 480,000 shares of common stock of Amazon Natural Treasures were deposited at Citibank. As agreed with Mr. Mann 180,000 shares for Titan Investment [sic] were to be returned on May 30, 1998, and 300,000 shares belonging to Gary Sylver were to be returned June 8, 1998.
6. That Mr. Mann paid a total of $72,625.00 out of the agreed upon balance of $90,000.00 leaving a balance due of $17,325.00.
7. That on or about March 15, 1998, subscription agreements were signed between Amazon Natural Treasures and Joseph Andy Mann, Whitecliffe Investments, Ltd., and Shoreline Securities for the purchase of 4,000,000 shares of common stock of Amazon Natural Treasures, Inc., pursuant to Regulation S and Regulation D promulgated under the securities acts [sic] of 1933 as amended for the total sum of $1,000,000.00.
8. Despite extensive negotiations and numerous promises between the parties, Mr. Mann, although obtaining the 4,000,000 shares has refused to either return the shares to Amazon Natural Treasures, Inc., despite the fact that he has paid no consideration or pay [sic] the consideration. Instead, Joseph Andy Mann, is using the outstanding shares which he illegally obtained and which he has illegally converted as a shorting mechanism.
9. To your Affiant's information and belief, this was accomplished by Joseph Andy Mann having the law firm of Bundy & Schloss, LLP., to issue an opinion letter to Amazon Natural Treasures' transfer agent stating that the 4,000,000 shares of common stock of Amazon Natural Treasures pursuant to Regulation S and Regulation D promulgated under the securities
[end page two]
act should be re-issued to Canaccord Capital Corp., and Joseph Andy Mann c/o First Concorde Securities, without a restrictive legend making these illegally obtained 4,000,000 [shares] free trading.
10. That Defendants, JOSEPH ANDY MANN, FIRST CONCORDE SECURITIES, LTD., WHITECLIFFE INVESTMENT FUND LTD., SHORELINE SECURITIES, LTD., CANACCORD CAPITAL CORP., CITIBANK INVESTMENT SERVICES, INC., JB OXFORD, THE CANADIAN DEPOSITORY FOR SECURITIES, LIMITED, AND THE DEPOSITORY TRUST COMPANY, have all been duly notified as to the non-trade ability [sic] of the Amazon Natural Treasures stock. The Defendants, and all of them, despite being duly notified disregarded any and all correspondence from Amazon as to the non-trade ability [sic] of these shares.
11. That based on the conduct of the Defendants, and all of them, Amazon filed suite [sic] in the United States District Court for the District of Nevada and on October 2, 1998, obtained an injunction enjoining Defendants, JB OXFORD AND CANACCORD CAPITAL CORPORATION, from trading, selling, transferring, or otherwise hypothecating any and all of the common shares in the capital stock of Amazon Natural Treasures, Inc. A true and correct copy of the Court's Order of October 2, 1998, is attached hereto and marked as Exhibit 1 and specifically incorporated herein.
12. However, events have transpired since the Court entered its Order which [sic: that] makes [sic] the renewed application for injunction [sic: injunctive] relief absolutely essential.
13. That upon information and belief, two additionally added Defendants, THE CANADIAN DEPOSITORY FOR SECURITIES LIMITED AND THE DEPOSITORY TRUST COMPANY, now have custody of some of the disputed stock. Moreover, since this
[end page three]
Court's Order of October 2, 1998, events have transpired which [sic: that] indicate the almost deadly nature of the stock manipulation fight which [sic: that] is going on.
14. On October 21, 1998, warnings were disseminated over the Internet by a person believed to be in the employee [sic] of the Defendants identified as one Janet [sic] Shell that some major event was going to occur at corporate headquarters of Amazon Natural Treasures. A copy of the Internet note is attached hereto marked as Exhibit 2 and specifically incorporated herein.
15. On October 22, 1998, [when] the employees arrived at the office, they found the front window riddled with bullets as set forth in the police report attached hereto and marked as Exhibit 3 and specifically incorporated herein.
16. That since that time, there has [sic: have] been continued threats and harassment placed on the Internet via chat rooms [and?] e-mail concerning threats to both Amazon and your Affiant personally.
17. That on or about October 21, 1998, at approximately 3:40 p.m., your Affiant received an anonymous caller [sic: call?] who stated: "You are finished sucker. We are going to pump some lead into your head."
18. After the shooting, [on] approximately October 23, 1998, approximately at 9:40 a.m., your Affiant received a second call from an anonymous caller who stated: "If you liked yesterday's little party, you have not seen anything yet. Perhaps yourself for our next act, a fire bombing. Are you ready to settle, sucker?" And a hang-up.
19. At the same time, October 23, 1998, Janice Shell posts [sic: posted] on the Internet that there is to be a fire bombing at the office.
[end page four]
20. Since involving [initiating? embarking upon?] this litigation, your Affiant has received numerous phone calls from identified [sic: unidentified?] callers who have threatened Amazon Natural Treasures, Inc., your Affiant, your Affiant's wife, and your Affiant's children.
21. That due to continued threats, Amazon Natural Treasures, Inc., as well as your Affiant, are forced to have armed security guards for protection at the office and at home. Your Affiant request [sic] immediate relief from this Court because of the immediate and irreparable harm being suffered by the corporation.
22. That if the stock is allowed to remain in Canada and in the DTC system, it allows the "shorters" to illegally short of Amazon Natural Treasures which deflates the price of the stock not allowing the company [to] fulfil [fulfil what?] and raise capital through [sic: by] means of a private placement. If Defendants are allowed to go too far and so far without the Court Order, they may, they could force Amazon Natural Treasures to a terminal short and [in] effect, put it out of business.
23. The defendants and all of them, are completely unscrupulous but have a rather sophisticated campaign to short stock [;] unfortunately it was just your Affiant's corporation which [sic: that] was caught into [sic: up in] this scheme. Those persons who post derogatory, misleading and negative information concerning our company in an effort to create stockholder unrest with the ultimate goal of stockholders selling their stocks [sic: stock], once again lower the price of the stock and [do] not permit the company to raise capital.
24. Moreover, Defendants' stock broker continue to harass not only our stockholders by using a company called Wellrich [sic: WellRich] to continuously call them in an effort to make them sell their shares to cover their short but they are also calling other companies that we are doing business with.
[end page five]
25. They are causing substantial unrest and an element of doubt in our shareholder in which they have manipulated the shorters into selling their shares [huh?? Who's done what?] which has lowered stock price from approximately $3.75 down to $0.85 per share as of October 27, 1998. Unless this Court takes immediate action, the shorters will have accomplished their goal by using the 4,000,000 shares which were restricted and obtained through false, deceptive and misleading promises on the part of the Defendant, Joseph Andy Mann, and 480,000 free-trading shares which were obtained by, again, false and fraudulent misrepresentations on the part of the Defendant, Joseph Andy Mann.
26. At this point, on information and belief, the attorney [sic: attorneys] for [the] opposing side are supplying information to those persons involved in the "shorting" and manipulating of Amazon stock who are, in turn, posting all over the Internet to frighten investors to sell their stock.
27. Upon information and belief, attorneys for [the] opposing side are supplying information to those in active concert with the "shorters" or acting under their direction, instruction, supervision, and control to continually bash Amazon Natural Treasurers [sic] and its stock twenty-four (24) hours a day in a consorted [sic] effort to discredit the company and establish the stockholder non-confidence [sic] so in turn the stockholders will sell their stock and help cover the illegal short position created by the shorters themselves.
[end page six]
28. That because this Court's order did not do as this Court originally intended and that is tie up the trading of Amazon Natural's stock until the ownership of the stock was determined, your Affiant respectfully requests that this Court grant the relief as requested in the moving papers.
Further your Affiant sayeth naught.
AMAZON NATURAL TREASURERS [sic]
BY: MICHAEL A. SYLVER, President
SIGNED and SWORN to me before this
9th day of November, 1998
Mary M. Molitor
NOTARY PUBLIC in and for said County and State
[Notary's seal:] NOTARY PUBLIC
STATE OF NEVADA
County of Clark
Mary M. Molitor
Appt. No. 95-01015-t
My Appointment Expires Nov 7, 1999
[end page seven]
--------------------------
NOT making it up. I swear. For anastatic copies of the original, see:
magneticdiary.com
magneticdiary.com
magneticdiary.com
magneticdiary.com
magneticdiary.com
magneticdiary.com
magneticdiary.com
|
