This is too much! His english teacher must be so proud of this little guy.
Ain't it the truth? Here's a fine example of Mikey's eloquence and erudition:
12 Q. Okay. Now what was the point or what arrangement was
13 there with respect to the 4 million shares with Creative
14 Capital?
15 A. AS a registered broker dealer Creative Capital would act
16 as the escrow agent and would hold the 4 million shares in
17 their safe until Amazon received the money and then they would
18 send the money to us and then send the stock to Andy Mann.
19 Q. But you indicate that Amazon has never received any money?
20 A. That is correct.
21 Q. How was it then that Creative Capital released the shares
22 to Andy Mann?
23 A. George DeMannas said he went to Reno and when he got back
24 the stock was gone.
25 MR. MONTAL: Objection, your Honor. Hearsay.
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1 THE COURT: Sustained.
2 BY MR. LANDISH:
3 Q. What did you learn concerning why Creative Capital
4 transferred the shares?
5 THE COURT: I sustained your objection.
6 MR. MONTAL: Thank you.
7 BY MR. LANDISH:
8 Q. What did you -- did you learn anything as to why Creative
9 Capital had released the stock to Mr. Mann?
10 A. We learned that George DeMannas had went out of town and
11 while he was out of town the stock got released to Andy Mann.
More on Doumanis and Creative Capital. Mikey seems more than a little confused:
11 Q. So in other words how did you learn the shares, Andy Mann
12 had moved the shares to Creative Capital? Or excuse me, how
13 did you learn you sent the shares to Creative Capital?
14 A. No, no. The certificate -- okay, the eight certificates
15 were issued according to the subscription agreement. Four
16 certificates for 500,000 shares each to Shoreline with the
17 restricted stamp on the front and on the back, four
18 certificates to Wycliff with the restricted legend on the
19 front and on the back. Then they were sent to, the transfer
20 agent was supposed to send them to Creative Capital. They
21 were supposed to hold them as the escrow until the money was
22 received. They were supposed to receive the money and they
23 would make the transaction. They would give us the money and
24 give and Andy Mann the certificates with the legend on them.
25 Now George DeMannas was in our office with Bill Davis, the
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1 owner, and told myself and my father exactly how it was going
2 to work as the escrow agent. He's a licensed broker dealer in
3 New York.
4 Q. Isn't this close to May 4th?
5 A. Yes.
6 Q. 19987
7 A. Yes.
8 Q. And this question arises: With all the difficulty you had
9 had with Andy Mann he writes a letter to you which has been
10 admitted into evidence asking you to recopy that on Amazon --
11 weren't you a little bit suspicious?
12 A. I was. But Charlie came up before the letter came up and
13 told myself -- not Charlie, excuse me. Not Charlie, not came
14 up. George DeMannas called because now George was helping us.
15 George was calling us all the time. He was a market maker in
16 our stock and he was helping us, making -- keeping the people
17 who were illegally selling shares they didn't have, keeping
18 the price of the stock up so that we could at least do some
19 private placement. So he says that he spoke to Andy Mann and
20 Andy Mann's going to fix it, he's going to get the money and
21 pay for the stock.
22 But we need to show some people some documents so he's
23 going to send you a document and do what he says and by the
24 end of the week it will all be -- you'll be fully paid and
25 then we'll get the products back on track. We'll move those
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1 products on the home shopping network. He was talking to
2 myself and my father at that time.
Doumanis, as we demonstrated a couple of weeks ago, is NOT a market maker in anything, and never has been. He runs a nickel b/d, sole proprietorship. And it's my understanding that he, not Bill Davis, is the proprietor.
Now get a load of this:
6 BY MR. JUDD:
7 Q. Mr. Sylver, let me go over some of these calls you've just
8 talked to. Your first call to Mr. Mann was when?
9 A. February.
10 Q. February what?
11 A. Beginning of February.
12 Q. Did you call him or did he call you?
13 A. He called -- he was talking to Charles Kricfalusi.
14 Q. Do you know if the call was placed from your office?
15 A. I don't know.
16 Q. And in that call he asked you if you wanted to buy shares?
17 A. No.
18 Q. What did he tell you in that first conversation?
19 THE COURT: Now who are you talking about?
20 MR. JUDD: Andy Mann.
21 THE WITNESS: Charlie and him talked about off shore
22 brokerage houses.
23 BY MR. JUDD:
24 Q. What did Mr. Mann say to you?
25 A. He said he has an off shore brokerage house on the
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1 Internet. I went and looked at the Internet site, very nice.
2 It said how to do this, how to get this, how to get that. Off
3 shore meets United States government regulations and then I
4 came back down and said it was very nice.
5 Q. Did you talk about Creative Capital?
6 A. No.
7 Q. Did you talk about him making a private placement with
8 Creative Capital for you?
9 A. No.
10 Q. Let me show you your testimony to this Court on October
11 2nd beginning at page 13, line 25. And this is a question by
12 your lawyer:
13 "Okay, can you tell us when you first came into contact
14 with Andy Mann or any of his entities?
15 "Answer, approximately the beginning of April 1998.
16 "Okay. And what was the purpose of communication being
17 established between yourself and Mr. Mann or any of his
18 entities.
19 "We had just undertaken a new investment banking group,
20 Creative Capital Management in New York. We had a private
21 placement underway for the raising of $5 million. Andy Mann
22 contacted us and heard that we had a private placement.
23 "Okay. And what did he indicate upon contacting you?
24 "That he does private placement for companies all the time
25 and then he asked me to send him a copy of our private
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1 placement memorandum."
2 Did you testify that way on October 2nd before this Court?
3 A. That's correct. But that's not in the beginning of
4 February when you asked.
5 Q. You stated that your last telephone call with Mr. Mann was
6 about May 18, 19987
7 A. I believe so. May -
8 Q. Did you always call Mr. Mann in Cancun, Mexico?
9 A. Not always.
10 Q. Did you contact -- did you call anyone else in Cancun,
11 Mexico besides Mr. Mann?
12 A. No.
13 Q. So whenever there was a call placed to your office to
14 Cancun, Mexico it would have been to Mr. Mann?
15 A. No.
16 Q. Who else did you contact from your office in Cancun,
17 Mexico?
18 A. Myself, personally, nobody.
19 Q. Who else called Cancun, Mexico besides yourself?
20 A. Probably Larry, Rudy, Steve, Scott, Andy.
21 Q. And who did they call?
22 A. Customers, distributors.
23 Q. You had a number of customers and distributors?
24 A. All in Mexico. And my wife has a cousin there who grows
25 organic vegetables and herbs.
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1 Q. Ail in Cancun?
2 A. No. In Mexico.
3 Q. I'm asking specifically about Cancun, Mexico.
4 A. Oh, I don't know where these other people are. I just
5 know where I called Andy Mann.
6 Q. Who else from your office called Andy Mann, from your
7 offices?
8 A. Jeanie.
9 Q. Jeanie who?
10 A. Ricardi.
11 Q. What is she?
12 A. My secretary.
13 Q. She would call for you?
14 A. Correct.
15 Q. You have there exhibit 19. Did you always call the same
16 number in Cancun, Mexico when trying to get hold of Mr. Mann?
17 A. No. I had three numbers.
18 Q. Okay. Was the number on exhibit 19, 529-887-6129, one of
19 those numbers?
20 A. I can't recall the numbers. I have them on a card in my
21 desk drawer.
22 MR. JUDD: Do you have the phone records? Exhibit 18
23 I think.
24 May I use the phone records that were given to me this
25 morning by Mr. Landish, your Honor?
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1 THE COURT: Yes.
2 BY MR. JUDD:
3 Q. Mr. Sylver, in your phone records for a bill, date July
4 9th, 1998, there is at page 37 a call to --
5 A. Excuse me.
6 Q. Let me point it out to you. At the bottom, a phone call
7 to Caneun on June 29th, 1998. Do you see that?
8 A. Correct.
9 Q. That is to the office of First Concorde's telephone
10 number?
ll A. Fax, yeah. I don't know if it was someone wants to fax
12 something over there. Maybe a demand or something.
13 Q. You don't know if that's a telephone call or not?
14 A. Correct. What we do is you correlate those to the fax
15 transmissions and see if it's a phone call or a fax.
16 THE COURT: Well a fax number is listed on this page,
17 529-847062.
18 BY MR. JUDD:
19 Q. This was not to that fax number, was it? That was to the
20 telephone number?
21 A. Yeah. That was to a telephone number. But is that a
22 telefax number?
23 Q. Do you know?
24 A. I don't know. I'm asking you. Do you know?
25 Q. Then again on June llth, there was another call to that
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1 number, 6129, on June llth, 1998. Is that correct?
2 A. That's what it says there. The one minute and 22 seconds
3 to Mexico.
4 MR. JUDD: Your Honor, there's no question pending.
5 THE COURT: There is no question pending.
6 BY MR. JUDD:
7 Q. And then another call on June 26th to that same number.
8 A. Thirty seconds.
9 Q. Then there's another call on the 16th of June 1998, and
10 that's a ten-and-a-half minute call, right? That's to the
11 First Concorde number, right?
12 A. Correct.
13 Q. Then there's another one on --
14 A. Thirty six seconds.
15 Q. On July 8th, right?
16 A. Right.
17 Q. Now after that first call that you testified to today, not
18 the first call that you testified to on October 2nd, but today
19 you said there was a first call beginning of February in which
20 you had the conversation with Mann about topics different than
21 you talked about on October 2nd, right?
22 A. Different telephone conversation, yes.
23 Q. So your next conversation with Mr. Mann after that first
24 one was a week or so later in February?
25 A. Or sooner.
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1 Q. How many calls did you have in February with Mr. Mann?
2 A. He called quite a bit, talking to Charlie. Called quite a
3 bit.
4 Q. I didn't ask how many times he talked with Charlie. I
5 said how many times did you talk with Mr. Mann?
6 A. Probably four or five times.
7 Q. In February?
8 A. Yes.
9 Q. Do you remember saying that you only had two calls in
10 February and your third call was the first part of March in
11 your direct examination?
12 A. No. I'm just thinking of the times that Charlie called
13 and the times that we spoke to him on the phone, speaker phone
14 or whatever phone.
15 Q. How many times did you call Mr. Mann in February?
16 A. I don't think I called him at all in February.
17 Q. I'm showing you your telephone bill, March 9th, 1998.
18 A. Excuse me. That's Amazon Natural Treasures' telephone
19 bill, not my telephone bill.
20 Q. Excuse me. Amazon's telephone bill.
21 A. Right.
22 Q. Did you call Mr. Mann from your home phone number?
23 A. No.
24 Q. Well, there's a number of calls on February llth to an
25 845-7540 number in Cancun. Who was that?
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1 A. I have no idea. A lot of -- many people make phone calls
2 from Amazon Natural Treasures.
3 Q. To Cancurt, Mexico?
4 A. To all over the world. Our phone bill's $18 thousand a
5 month.
6 Q. Then at page 45 of that same bill it looks like there are
7 a number of calls all to First Concorde. One on the 24th, 13
8 minutes. One on the 25th for a minute, 54. Another one 30
9 seconds. And then three minutes. And then ten minutes. Ail
10 to that First Concorde number in February 1998, correct?
11 A. Correct.
12 Q. You picked Creative Capital as the escrow, correct?
13 A. On advice from Charles Kricfalusi Creative Capital was
14 picked as the escrow agent.
15 MR. JUDD: The Court's indulgence for just a moment.
16 Nothing more.
I'm wiping my eyes....
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