It didn't exist.
Probably because it wasn't "real". Mikey seems to have a "real" problem with this concept:
10 A. There's only 780,000 real shares.
---------------------
1 Q. Well, based on this document.
2 A. This document can't even be used as real.
3 MR. MONTAL: Well, your Honor, this document is in
4 evidence.
------------------
1 BY MR. LANDISH:
2 Q. What was the point -- or I take it from the chart the 4
3 million shares went to Creative Capital?
4 A. No. Creative Capital came in first and Creative Capital
5 came into our office before Andy Mann would do any deal
6 because he said that he had to make sure the company's real.
7 So he sent George DeMannas (phonetic) from Creative Capital
8 and Davis, the owner, over and they had to do due diligence on
9 us. And they checked us out and they said that --
10 Q. It doesn't matter what they said.
[Note that Landish is Mikey's own attorney. Sheesh.]
--------------------
4 Q. All right. Go ahead.
5 A. But he -- okay, then I pushed the button and Jeanie came
6 in. And I said get Charlie up here and then Charlie came
7 upstairs. And this was Thursday before because I had to take
8 my sheep dog to the groomer every other Thursday. So I had to
9 go.
10 And Andy said that listen I want to show you a lot of these
11 guise off shore guys off shore are not legitimate, so what we
12 want to do is we want to show you that we are and we want you
13 to prepare a couple of promissory notes.
14 And I says what for? He says just to show you that we're
15 real and that we really mean to do business. So I says fine
16 send them over. I'll give them to my attorney. He says well,
17 we don't have any. Your attorney must have some on the
18 computer. So I says all right I'll ask Robert Qualey and I'll
19 fax them to you.
The above was from the transcript of the Tuesday session. Let's flash back to the Friday session for more giggles:
9 A. Ail the documents that we send to J.B. Oxford or all
10 the people we get notarized, so they know it's real.
11 Because in this business, we don't want no mistakes that
12 they say, well, we don't know it was you, so that's why we
13 didn't cancel it or didn't send it back to you.
----------------------
13 BY MR. LANDISH:
14 Q. Mr. Sylver, I'd like you to take a look at Exhibit l-B,
15 the letter dated May 22nd, 1998.
16 A. Yes.
17 Q. And again, what was the purpose of this letter?
18 A. We found out from the transfer agent that we had a
19 certificate out there, now, in the name of J.B. Oxford for
20 4,000,000 shares. So we didn't know what happened to the
21 rest of the stock all the way along the line that we had
22 been tracing it.
23 And so we notified the DTC about all the certificates
24 that we believed may be out there. And if anyone ever came
25 to them along with J.B. Oxford, and Citibank, and all the
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
55
1 other market makers, to send them back to us immediately.
2 That these are not real shares. These shares have a company
3 stop transfer. And we are seeking the Federal Courts to
4 cancel them.
-----------------------
6 A. Okay. We got the copy. We have the -- the -- it was
7 on real paper, and it's typed on the printer, the laser
8 printer, and then it gets in the fax machine, and it's faxed
9 to Cancun, Mexico to Joseph Andy Mann.
10 Q. Where is that original?
11 A. That original we didn't use any more.
12 Q. Where is the original?
13 A. Okay. In the garbage, that piece of paper.
----------------------
2 BY MR. JUDD:
3 Q. Do you have any reason to believe that Amazon told the
4 SEC in its 10-Q filing effective March 31st, 1998, that
5 there were legal proceedings existing regarding the
6 securities that are at issue in this case?
7 A. The 10-Q -- the 10-Q is an unaudited statement. It's
8 the 10 K you need to look at if you want to find factual
9 information. And I don't know if this is our original --
10 what it says.
11 This is not -- this is supplied by Greg Pheifer
12 (phonetic). Greg Pheifer works with Charles Kricfalusi and
13 Andy Mann. So we don't -- this is not -- I need to see the
14 real document from the SEC in order to tell you what they
15 put in there.
16 MR. JUDD: Move to strike, your Honor.
17 THE COURT: It will be stricken.
-----------------------------
6 BY MR. JUDD:
7 Q. Mr. Sylver, if you'll let me know when you've finished
8 looking at Proposed Exhibit 21.
9 A. Yeah. I looked at it. What is it?
10 Q. Mr. Sylver, do you know who a Diane Roberts (phonetic)
11 is?
12 A. No.
13 Q. Do you know who a Dennis Beatty, B-e-a-t-t-y, is?
14 A. No.
15 Q. Do you know who a Joao Tay Wang (phonetic) is?
16 A. NO.
17 Q. Do you know who a Rex Cleminson (phonetic) is?
18 A. No.
19 Q. How about an M. Jefferson Rhodes (phonetic)?
20 A. No.
21 Q. Do you know who a Kevin Vanderkellin (phonetic) is?
22 A. Yes.
23 Q. Who is Kevin Vanderkellin?
24 A. He's -- he's a -- a -- gentlemen who has a company thai
25 distributes products.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
103
1 Q. What relationship does he have with Amazon?
2 A. He distributes Amazon products, and he's also an
3 investor.
4 Q. And did, in fact, Vanderkellin sell 100,000 shares of
5 Amazon stock on October 13th, 19987
6 A. No, no, no. You don't understand this. This is a 144
7 registration. This is proposed whether you have stock or
8 don't have stock. You can give it to your broker to
9 register the securities that you -- you're going to plan to
10 sell.
11 These -- none of these shares on this list have ever
12 been sold because most of these shares don't exist, and
13 they're not even real. So none of these shares were ever
14 sold because the certificates -- I know Kevin didn't sell
15 the shares.
16 And these other shares have never cleared transfer
17 because we get a transfer list. And they don't show up on
18 our transfer records.
19 When I first saw this, and I compared it to the
20 transfer documents, they don't exist. There is no
21 stockholders that have this stock with these names. And
22 there is no month.
---------------------------
23 Q. So you sent the letter saying this is to inform you
24 that Amazon Natural Treasure certificate No. 2119 issued to
25 Joseph A. Mann in the amount of 2,000,000 shares is in good
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
109
1 standing, not subject to any hold restriction, correct?
2 A. See, that's the thing. So see, there was no
3 certificate to Joseph Andy Mann. It was First Concorde.
4 That's why I asked Andy. I says -- because that's why he
5 told me. It doesn't make a difference. It's not a real
6 certificate.
7 The guys in England need to see it, so they'll put the
8 money in. See, that's why that didn't matter because the
9 certificate was never even issued.
10 Q. so you were willing to send and sign a false statement?
11 A. We recopied what he said. There was no certificate
12 issued at all. There was no certificate. He needed -- he
13 needed that for his people. In -- on the desk, Robert
14 Qualey has a copy of the original letter that Andy Mann
15 faxed to us.
16 MR. JUDD: Move to strike.
17 THE COURT: It will be stricken.
-----------------------
Hallucinatory, isn't it? What the HELL do they put in that Super Guano?
|
