Let's get back to Gary Sylver, Mike Sylver, and Titan Investments.
On February third, Bruce Judd asks Gary about Titan and Total Concepts. You'll recall that in October we learned that Titan "does business as" Total Concepts (whatever that business may be), that Mike Sylver was once its president, and that the account Mike Sylver opened with First Concorde was opened in the name of Titan. It has frequently been reported that Titan/Total Concepts is actually owned by Gary Sylver, though Rudy Cowell, head of sales for Amazon, is its nominal president.
2 Q. Are you familiar with Total Concepts International
3 (phonetic)?
4 A. I know the president.
5 Q. Who's that?
6 A. Oh, no, no, no, no. I thought -- my mistake. I
7 thought you were talking about Titan.
8 Q. Do you know what Titan is?
9 A. Yeah. It's an investment company. I do know who --
10 who runs it.
11 Q. Do you know what Total Concept International is?
12 A. Not exactly. It's a --
13 Q. Do you know if Titan and Total Concept International
14 have any relationship?
15 A. I don't think so.
What's this? Has Gary become amnesiac?
16 Q. Let me go to Exhibit 28. Who did you receive this
17 from?
18 A. Creative Capital.
19 Q. Now, this shows --
20 A. This is a year-end statement.
21 Q. A year- end statement?
22 A. I'm pretty sure that's what it is.
23 Q. It shows a transaction for 3/31, 1998, 319,500. Do you
24 see that?
25 A. Yes.
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1 Q. Do you know what that means?
2 A. It looks -- I think they were -- no, I don't.
3 Q. The next item shows 199,526.
4 A. No. I only know the last one.
5 Q. The last one is 4 slash 30, 300,000 A, Z, and T. What
6 does that mean?
7 A. That 300,000 shares of mine were transferred from my
8 account to Andy Mann's account. That's his account number.
9 Q. Now, you know that because somebody's told you that's
10 what it means?
11 A. Creative Capital has told me that.
12 Q. That's what they told you it means.
13 A. Yes.
14 Q. Did they tell you then that going up to items for 4
15 slash 21, 30,000 shares, you loaned 30,000 of your Amazon
16 shares to somebody else?
17 A. I can't answer that. I never made any arrangements to
18 loan anything but the 300,000.
19 Q. Well, when you received this statement, did you wonder
20 what all these loans meant?
21 A. No. To be honest with you, I didn't pay attention to
22 it until right now.
So it's clear that 300,000 shares of AZNT stock were transferred from Gary Sylver's account at Creative Capital to Andy Mann's account (presumably also at Creative) on 30 April 1998. But what's that transaction for "319,500" on 31 March? Were those shares coming into Gary's account? And why did he open an account with Creative WELL BEFORE the end of April, the time at which he claims Mann requested the loan of shares?
And what about the other stock in question? Gary says, as he said earlier, that until this moment he was unaware of other stock which may have been lent out; he'd never really paid attention to the information contained in the account statements. He's a plaintiff in a major civil case, suing for the return of "stolen" stock, and he wasn't "paying attention" to this stuff?
6 Q. Are you aware that First Concorde requested that
7 300,000 shares be transferred to a Raymond James account in
8 the name of Titan?
9 A. Mine?
Sooooooo. Gary Sylver's account with Raymond James (actually, as we shall see, with Wall Street Financial) was actually in the name of Titan Investments, a company of whose existence and operations he's only vaguely aware? Funny. Whose name is the Creative Capital account in?
Just before Gary Sylver took the stand, Kenneth David Slater, who works in operations at Wall Street Financial, was examined briefly. As he indicates below, Raymond James clears for Wall Street Financial. In July Andy Mann attempted to deposit 300,000 shares of AZNT stock with Wall Street, through Raymond James:
4 Q. And can you describe for the Court what that document
5 is?
6 A. That's a printout off of my computer showing the
7 activity in the account of Titan Investments.
8 Q. And that's the first page; is that correct?
9 MR. MONTAL: Your Honor? Your Honor, Exhibit 17
10 that I have is a different document. It's the October 29,
11 1997 letter from the Depository Trust Company.
12 THE COURT: Okay.
13 MR. LANDISH: All I can indicate, your Honor, is
14 with all due respect, I have (indiscernible).
15 THE CLERK: Do you have Plaintiff's 17 or Defense
16 177
17 MR. SEMENZA: Defense 17.
18 MR. MONTAL: I'm sorry. I don't think we have
19 copies of the Plaintiff's 17 at all.
20 MR. LEFEBVRE: I don't have Plaintiff's 17.
21 THE COURT: Do you have a copy?
22 (Colloquy not on the record.)
23 BY MR. LANDISH:
24 Q. The first page dated -- well, first of all, the date
25 1/28/99, what does that represent?
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1 A. That'S the date that I ran the printout off the
2 computer.
3 Q. And could that have been changed? In other words,
4 could the information in here been changed between the date
5 that it was originally recorded and the 1/28/997
6 A. NO, sir.
7 Q. And why is that?
8 A. Because the computer would retain the same -- it would
9 change the date on the document itself, but it wouldn't
10 change the flow of information.
11 Q. Okay. And the second page, can you identify that
12 document for us?
13 A. It's a printout that I did the same day of an account
14 belonging to a Danny Dumanis (phonetic) reflecting activity
15 in his account.
16 Q. And the third sheet?
17 A. Same answer. Do you want me to repeat it, Judge?
18 Q. No, that's fine.
19 MR. LANDISH: Move for the admission of 17,
20 your Honor.
21 THE COURT: Any objection, Counsel? 17 will be
22 received.
23 (Plaintiff's Exhibit No. 17 was received into evidence.)
24 NLq. LANDISH: Thank you.
25 BY MR. LANDISH:
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1 Q. Mr. Slater, I direct your attention to, apparently,
2 July 20th, 1998. What activity is reflected?
3 A. It shows the delivery of 300,000 shares of Amazon
4 Natural Resources being returned through DTC to participant
5 No. 5046.
6 Q. We don't know who participant 5046 would be?
7 A. NO, sir. I don't have a participant list.
8 UNIDENTIFIED SPEAKER: Canacord.
Gary Sylver, we know, has an account with Wall Street Financial:
1 Q. Can you relate the conversation as you recall it?
2 A. Well, like I said, Andy explained to me about the
3 transaction. How he was going to raise money for the
4 company and, you know, told me that I would greatly help the
5 company out if I would lend him my stock.
6 He would give me a note, a 60-day note, and return it,
7 and, also, suggested that I put my stock in a Creative
8 Capital -- the stockbroker firm of Creative Capital.
9 Q. Where did you have your stock previous?
10 A. Wall Street Financial.
And yet according to Slater, that account was, like the account opened in February with First Concorde, in the name of Titan Investments. An account was opened with Andy Mann's company in Cancun in February in the name of Titan; Gary Sylver had an account with Wall Street Financial in the name of Titan; at the end of March at the latest Gary Sylver opened an account with Creative Capital (in what name?). Yet he claims he had no dealings with Mann until the end of April?
(Interesting, though off the point, that Danny Doumanis also, apparently, has an account with Wall Street Financial.)
Josh Landish to Gary Sylver on redirect:
1 BY MR. LANDISH:
2 Q. Just if you know, who is Titan Investment?
3 A. Rudy Cowell.
4 Q. Thank you.
5 A. Not Robert Qualey.
Qualey? Why Qualey? Oddly, Slater--who of course never dealt directly with Gary; he works in the back office--vaguely associated the Titan account at Wall Street Financial with Robert Quiel. Judd questions Slater:
13 THE WITNESS: Wall Street Financial clears through
14 Raymond James. So it would really be a document that would
15 come off a computer which would tie us into Raymond James.
16 BY MR. JUDD:
17 Q. So Wall Street Financial has some relationship with
18 Raymond James?
19 A. Correct.
20 Q. So the 300,000 shares went to Raymond James?
21 A. Raymond James' DTC account, yes.
22 Q. Who is Titan Investment?
23 A. It's a client of ours.
24 Q. Who is it?
25 A. I believe it's Robert Quiel.
lololol. Just my opinion, naturally, but I have no doubt at all who, as Landish might say, Titan Investments "is". Never did have, of course. We've known that for a loooonnnggg time. |
