To: Sarab J. Jihad who wrote (21980 ) 4/6/1999 12:05:00 PM From: Janice Shell Respond to of 26163
High comedy, isn't it? The Court shoulda charged admission. Here's some good stuff. Part of it's already been posted, but it's worth repeating:13 BY MR. MONTAL: 14 Q. Now you found out in March 27th, on or about March 27, 15 1998, that the certificates that were supposed to be in escrow 16 were being transferred and you had according to your testimony 17 not been paid for them. But yet on May 4th, 1998, exhibit 30 18 you wrote a letter attesting to the fact that the 2 million 19 shares represented by certificate 2119 were, quote, in good 20 standing and not subject to any hold restrictions, correct? 21 A. I copied a letter that -- 22 Q. Did you write the letter? 23 A. NO, I did not. 24 Q. Did you sign -- is this your signature on exhibit 30? 25 A. Yes. ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 SYLVER - RECROSS 194 1 Q. Did you send that letter? 2 A. No. 3 Q. You didn't send that letter to anybody? 4 A. I did not. 5 Q. You signed the letter and what did you do with it? 6 A. I gave it to my secretary. 7 Q. And what did she do with it? 8 A. I don't know. 9 Q. So you have no idea if this letter was ever disseminated? 10 That's your testimony now? 11 A. Correct. 12 Q. But somehow -- 13 THE COURT: Well, now just a moment. Normally when 14 you give a letter to your secretary do you expect it to be 15 mailed? 16 THE WITNESS: She faxed it. Yes, she faxed it. 17 BY MR. MONTAL: 18 Q. So she did fax it. And you did -- Amazon sent it out? 19 A. Correct. 20 Q. And so despite the fact that on March 27th, you knew that 21 the certificates were out of escrow when they were supposed to 22 be in escrow and despite the fact that you hadn't -- according 23 to your testimony -- been paid one penny for the 4 million 24 shares, on May 4th, 1998, you wrote a letter that says that 25 the shares represented by certificate 2119 is in good standing ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 SYLVER - RECROSS 198 1 and not subject to any hold restrictions, correct? 2 A. These shares were still restricted. They had a legend on 3 them. Nothing you can do. They weren't free trading 4 certificates. They weren't registered. 5 Q. I direct your attention to certificate number 2119. 6 MR. MONTAL: And, your Honor, this was -- this is a 7 certificate that is attached to the, a copy of which is 8 attached to the amended complaint. And unfortunately it's not 9 on my exhibit list I don't think. And I'm not sure it had 10 been presented. 11 THE COURT: There is one certificate that has been - 12 THE CLERK: Amended complaint is 56. 13 THE COURT: I don't know what number it is. It's not 14 21197 15 MR. MONTAL: It's 2128. Excuse me. 16 THE COURT: Counsel, it's a quarter to 5:00. You are 17 going to be with him sometime, aren't you? At this point the judge and the attorneys discuss the appointments they have in the course of the next few days, and consider how to free themselves from these obligations... Finally Montal resumes his questioning of Mikey:17 THE COURT: Well, that's up to you. You -- I'll 18 start at 8:30 in the morning. But I'll start at 8:30 and I 19 expect you all to be here. Go ahead and finish with this line 20 of questioning. 21 MR. MONTAL: I just want to show the witness a copy 22 of exhibit -- of certificate number 2119 which is the one 23 that's referred to in this particular letter. 24 THE COURT: You may show it to him. Has that been 25 received? ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 197 1 MR. MONTAL: It has not been received. 2 THE COURT: Does anyone have an objection to it being 3 received? 4 MR. LANDISH: I have no objection, your Honor. 5 THE CLERK: Do you want to mark it now? 6 THE COURT: What number is it, Carol? 7 THE CLERK: 57. 8 (Thereupon, Defense Exhibit 57 9 was marked for identification.) 10 BY MR. MONTAL: 11 Q. Mr. Sylver, do you see exhibit 57? 12 A. Yes. 13 Q. That's a copy of certificate 2119 of Amazon Natural 14 Treasures stock made payable to Joseph A. Mann in the amount 15 of 2 million shares, correct? 16 A. There's something missing on it though. 17 Q. I asked you a question, please. If you don't mind to -- 18 A. No, it's not. 19 Q. It is not a copy of certificate 21197 20 A. It's a copy of a certificate without their legend that 21 goes right here which is on this certificate. On a copy 22 machine it doesn't come out. And then on to the story of the copier, which I've already posted...