lololol. Now are we ready for more hilarity? Some new stuff from the transcripts coming up. This is all still from the Tuesday session. Here's Mikey on the subject of the 480,000 share that were lent to Andy Mann:
20 BY MR. LEFEBVRE:
21 Q. Mr. Sylver, let's talk about the 480,000 shares. Can you
22 give the Court a little bit of a background with regard to
2~ those. Those were the shares which came from -- which were
24 sent to Mr. Mann; is that correct?
25 A. 480,000 shares were borrowed by Joseph Andy Mann to show
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1 his constituents in England that he had stock. He agreed to
2 borrow those shares for 60 days and then return those shares
3 to their rightful owners. First he had -- he asked Amazon
4 Natural Treasures if we had any free trading stock and the
5 company does not. Companies don't have free trading stock.
6 Q. I'm just trying to trace the path of that stock.
7 A. Right.
8 Q. That stock, then, according to the pleadings as you framed
9 them, as I understand the pleadings, those 480,000 shares you
10 believe went into the hands of Citibank; is that correct?
11 A. Well, you mean know exactly where they went?
12 Q. Right.
13 A. Well, we have traced them exactly from the time they went
14 to Andy Mann, every step of the way, every single share where
15 they are, yes. We know where they are now.
16 Q. Okay. Do you believe that they went to Citibank first
17 after Mr. Mann?
18 A. I'd have to check. They either went to Canacord or
19 Citibank.
20 Q. Because as I understand your pleadings they went from
21 Mr. Mann to Citibank and then you contend that they went to
22 Canacord.
23 A. Okay.
24 Q. Can you tell us why you concluded the case against
25 Citibank?
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1 THE COURT: Why you what? I'm sorry.
2 MR. LEFEBVRE: Pardon me?
3 THE COURT: Can you tell me why you did what with you
4 Citibank? You asked a question.
5 MR. LEFEBVRE: Your Honor, it's our contention,
6 480,000 shares, that they've been excised out of the case
7 because of the fact that the assemblant was reached. And
8 Canacord, if the stock float as I have indicated that I
9 believe it did, then that with regard to at least that 480,000
10 dollars -- or 480,000 shares that should no longer be a part
11 of this litigation. And that's the point I'm trying to get
12 to.
13 THE COURT: Okay. Go ahead. Why don't you -- why
14 don't you renew the question.
15 BY MR. LEFEBVRE:
16 Q. According to the pleadings the 480,000 share~ went from
17 Mr. Mann to Citibank and then to Canacord, is that correct?
18 A. Right. And Canaeord was aware not to touch them and to
19 keep them and send them back. They never did. They
20 disseminated the stock.
21 Q. Okay. When do you contend that you first notified
22 Canacord that there was some defect in the stock?
23 A. I believe the day that the stock went there.
24 Q. Okay. It's Canacord's position that it was not notified
25 until July 13, 1998. Do you have any record of any prior
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1 correspondence or communication to Canacord?
2 A. Not here. I'd have to look on the DTC sheets with my
3 notes.
4 Q. So you can't testify that you did give Canacord any
5 notification before that date of July 13, 1998, as you sit
6 here right now?
7 A. I can't say we did or we didn't, not until I look.
8 Q. Okay.
9 HR. LEFEBVRE: Your Honor, I don't want to delay the
10 proceedings. If I could come back to that issue after another
11 break. I'm not going to be long with the cross-examination
12 but I do need an answer to the question.
13 BY MR. LEFEBVRE:
14 Q. Are the sheets readily available?
15 A. They're right there, yeah.
16 Q. Could you retrieve them or could they be given to you?
17 A. DTC sheets are right there on the top. They're right next
18 to Mr. Landish, the legal-size papers.
19 Q. These right here?
20 A. Right. The ones that are highlighted. Thank you.
21 MR. LANDISH: Your Honor, those are not in evidence.
22 THE WITNESS: They were in evidence from before.
23 THE COURT: Okay. Which exhibits are they, counsel?
24 THE CLERK: Before, as in last fall? No, I don't
25 have any of those exhibits, your Honor.
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1 THE COURT: HOW are they identified? Are they
2 identified or is this --
3 MR. LEFEBVRE: Those were identified as bulk and bulk
4 is one of the exhibits of the prior hearing.
5 THE COURT: But you don't what --
6 MR. LEFEBVRE: I don't know what the number is, your
7 Honor.
8 THE CLERK: I can pull those exhibits at lunchtime,
9 your Honor.
10 THE COURT: Well, if there's no objection, you can
11 include them for purposes of this hearing.
12 BY MR. LEFEBVRE:
13 Q. Now would you tell the Court how looking at the DTC sheets
14 is -- are going to tell you when you notified Canacord of the
15 defect?
16 A. Okay. We notified Canacord on the day that stock moved
17 into their system. So as we get the DTC sheets we see the 400
18 shares are moved into your account. So now you have them and
19 now you need to send them back. You're not to disseminate
20 that stock and that was on May 1st.
21 Q. But there is no written communication or telephone call to
22 Canacord before July 13, 1998, is there?
23 A. I don't know.
24 Q. Why do the DDT (sic) sheets tell us that there's some
25 defect in the stock?
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1 A. The DTC sheets say that Andy Mann transferred the stock to
2 Canacord.
3 Q. But how does that tell us of any defect in the stock?
4 MR. MONTAL: Your Honor,, I'm going to, if I can
5 object here for a moment. I don't believe that DTC -- I don't
6 believe that the sheets that Mr. Silver's referring to -- he
7 refers to them as the DTC sheets, refer in any way to Mr. Andy
8 Mann or show anything like that. Mr. Andy Mann is not a
9 person known to the Depository Trust Company. They have no
10 relationship with him. He has no account with them. And I
11 just want to clarify the record that those sheets do not make
12 any reference whatsoever to Mr. Andy Mann.
13 MR. LEFEBVRE: I think I've made my point, your
14 Honor, and intend to move on.
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