To: Janice Shell who wrote (22029 ) 4/6/1999 3:34:00 PM From: Jeffrey S. Mitchell Read Replies (2) | Respond to of 26163
Re: Back to the transcripts we go! [Recall that Sylver testified he immediately warned the DTC to be on the lookout for Mann's illegal shares. Montal produces optical recordings of conversations with Sylver that allegedly indicate Sylver was indeed lying.] 18 MR. MONTAL: Your Honor, this is a phone call that 19 was placed on again June 22nd, 1998, at approximately 16:34 20 military time, Eastern Standard Time. Now, your Honor, what's 21 extremely telling about that phone conversation that we've 22 just heard from between Mr. Sylver and somebody at the 23 Depository Trust Company is that Mr. Sylver is simply telling 24 someone at the Depository Trust Company that there seems to be 25 an error on the position listing. MAY - DIRECT 39 1 There is no conversation whatsoever about the fact that 2 there are restricted securities, there are shares that are not 3 supposed to be in JB Oxford's names that are out there because 4 Mr. Sylver's counsel introduced into evidence as Exhibit ID a 5 letter dated May 22, 1998, that's addressed to the Depository 6 Trust Company attention Ms. Kathy Caziarc. That's 7 C-a-z-i-a-r-c. And that letter purports to advise them all 8 about the fact that the shares are now in JB Oxford's name and 9 that we should -- that the Depository Trust Company should be 10 on the lookout for these shares and how can it be that these 11 shares are in the Depository Trust Company? There's not a 12 word of that in the phone conversation we've just heard. 13 BY MR. MONTAL: 14 Q. Now, Mr. May, if I can please ask you to play the phone 15 call for July 10th, 1998, at approximately 16:08 Eastern 16 Standard Time. 17 THE COURT: I'm sorry. 16:087 18 MR. MONTAL: No. I misspoke. I'm sorry. July 10, 19 1998. 11:05 a.m. I was looking at the wrong one. 20 {Tape of phone call was played) 21 BY MR. MONTAL: 22 Q. (Indiscernible) for a moment, please. 23 MR. MONTAL: Your Honor, I apologize. There are 24 three calls for July 10, 1998, from the Amazon Natural 25 Treasures to the Depository Trust Company. This was one of ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 MAY - DIRECT 40 1 them. It's not the one that I wanted to play for purposes of 2 making my point. I would ask that Mr. May play the next call 3 which is also the same date, July 10, 1998, at 12:01 p.m. 4 Eastern Standard Time. And I'm not sure if it's that one or 5 the next one, but hopefully it's this one. 6 MR. LANDISH: What time, counsel? 7 THE COURT: 12:01 p.m. 8 (Tape of phone call was played) 9 MR. MONTAL: Now, your Honor, if one listened 10 carefully to that recording there were times where you heard 11 two voices on the Amazon Natural Treasures side. And I 12 believe one of them was just a couple of words that we heard 13 from Mr. Michael Sylver. And the other one was somebody who 14 did not identify themself on that call. But I'd like to play 15 the next one which I think will clarify exactly who that 16 person is. And that's also for July 10, 1998. And that came 17 in at 14:20, approximately 14:20 Eastern Standard Time. 18 BY MR. MONTAL: 19 Q. Mr. May, if you would play that for the Court, please. 20 (Tape of phone call played) 21 BY MR. MONTAL: 22 Q. Did the call terminate at that point? 23 A. Yes, it did. 24 Q. I didn't hear you. I'm sorry? 25 A. Yes, it did. ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 MAY - DIRECT 41 1 Q. Okay. Apparently after a number of trying -- of transfer 2 efforts the call was terminated? 3 A. Yes. 4 MR. MONTAL: Your Honor, I think that call represents 5 the first time that there is a phone call to the Depository 6 Trust Company that shows any concern about restricted 7 securities, that makes any reference to the kind of issues 8 that Mr. Sylver had testified he had called about in May of 9 1998. 10 There's not a word on that phone call about having spoken 11 to anybody else about it, your Honor. And in fact the callers 12 say we have this problem and we need to know who to talk to. 13 I think the evidence is overwhelming, your Honor, that the 14 testimony that we heard in this court was not true and honest 15 testimony, your Honor. And I wish I was not in this position 16 here today, your Honor, but it's unfortunate. - Jeff