To: easyed who wrote (21260 ) 3/12/1999 1:53:00 PM From: Janice Shell Respond to of 26163
Okay. As you're aware--from the header of this thread, if from no other source--AZNT hired WellRich and Co. of San Diego to provide referrals of potential buyers of AZNT stock. WellRich is not and was not a broker/dealer; their assignment was only to locate customers and then help them buy restricted stock directly from the company at a price considerably below market value. WellRich itself sold no stock to anyone; it was to receive finders' fees on sales eventually made by AZNT. The two parties subscribed to a contract outlining the obligations of each to the other. We don't have a copy of the original, but the terms of this agreement, signed on 26 February 1997, are contained in WellRich's Petition to Compel Arbitration:magneticdiary.com WellRich "agreed to find and introduce to Amazon persons or entities who might be interested in purchasing stock of Amazon from Amazon. Under this contract, if any such persons or entities did, in fact, purchase Amazon stock, WellRich earned a 35% commission on the total amount of the stock so purchased". It appears that all went smoothly for a time: WellRich located clients, AZNT sold stock and paid the agreed-upon finders' fee to WellRich. magneticdiary.com "...Wellrich was successful in finding and introducing prospective buyers for Amazon's stock that resulted in sales of 1,731,842 shares of Amazon stock raising total capital in the amount of $1,647,814." WellRich was paid all that was owed it except for $55,300.00. Past a certain point, however, Mike Sylver stopped writing checks. He flatly refused to pay the last fees, and refused as well to give Aslo Taylor, President of WellRich, stock he'd been promised in return for consulting services. WellRich protested, and finally took the matter to arbitration: the following arbitration clause was included in the contract stipulated on 26 February 1997:4.2. Arbitration The parties hereby submit all controversies, claims, and matters of difference arising out of this Agreement to arbitration in Las Vegas, Nevada according to the rules and practices of the American Arbitration Association from time to time in force. The submission and agreement to arbitration shall be specifically enforceable. The Agreement shall be governed by the laws of the State of California. WellRich's initial request for arbitration was made on or about 12 February 1998. The matter went ahead under the auspices of the American Arbitration Association, which appointed Wayne E. Peterson arbitrator, and scheduled an intial meeting for 4-5 August. On 16 July, Amazon indicated that it would not participate in the arbitration proceedings.magneticdiary.com As this letter indicates, a hearing was scheduled for 4 August. It was postponed until 13 August. The issues in question were not resolved at that time, owing to Amazon's disinclination to cooperate, and a further hearing was scheduled for 3 September. For the details, see:magneticdiary.com The 3 September hearing went badly as well. Mike Sylver turned up late, argued that the hearing "had been" postponed, and demanded that it be stopped. The arbitrator called his administrator, who reviewed the situation, arrived at the conclusion that there had been no effective postponement, and ordered that the hearing continue.magneticdiary.com "When confronted with this position, Mr. Sylver became extremely belligerent, and called everyone in the room, including the Arbitrator, a liar, threatened to call the State Bar to report a complaint against the Arbitrator, and used such rude and inappropriate language that the use of police security had to be discussed. When faced with the prospect of police security, Mr. Sylver stormed out of the room with the parting comments, "I'll see you in a real court!!". ---------------------- This is getting long. Will continue in a subsequent post.