Congrats on your # Hogger! I think this excerpt is balanced:
BY MR. COOPER:
7 Q. Mr. Sylver, my name's William Cooper. I'm attorney for
8 Depository Trust Company. Do you recall testifying
9 yesterday in regards to Defendants' Exhibit 57 which is a
10 photocopy of Amazon Natural Treasures' share 21197 I'll
11 show you a copy of it.
12 A. I recall. That's okay.
13 Q. I want you to see it.
14 A. Right.
15 Q. Do you recall trying to convince the Court under oath
16 yesterday --
17 A. Yes, I do.
18 Q. -- that there was something wrong with that copy
19 because there was a legend that was supposed to have been
20 stamped on the original?
21 A. That is correct.
22 Q. I now show you a copy of the original certificate
23 contained in Plaintiff's Exhibit 11. That's the original of
24 certificate 2119, is it not?
25 A. That is correct.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
44
1 Q. That's a certificate that you tried to convince the
2 Court had a legend stamped on the face of it, yesterday,
3 true?
4 A. That is incorrect. I said, and I said exactly the --
5 the certificate that Andy Mann faxed me had the legend on
6 it. Okay. And that is in our documents, not this
7 certificate. Andy Mann faxed me a certificate.
8 We didn't even know this certificate -- we still
9 thought it had the legend on it. We didn't see these things
10 until we became our own transfer agent. We had no record of
11 this until July -- only the information we got from the
12 transfer agent.
13 So if you look in one of our exhibits, you will see
14 that faxed document from Andy Mann sending to me to write
15 this letter with the restriction legend on this certificate.
16 That is correct, sir.
17 Q. There is no legend on that certificate on the original,
18 is there?
19 A. No. And I had no -- we did not see the original
20 certificate until we became the transfer agent
21 (indiscernible).
22 Q. Did you perjure yourself yesterday?
23 A. No, I did not. No, I did not.
24 MR. COOPER: Your Honor, rather than have copies
25 of these documents submitted to the Court, I'd like the
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
45
1 Court to have the original.
2 THE WITNESS: You can't. We need those in our
3 records.
4 THE COURT: Well, it will be filed with the Court.
5 We can make copies if it's necessary, but I'm going to keep
6 the original for the time being.
7 MR. COOPER: I have no further questions.
8 THE COURT: Anything further, Counsel?
9 NLq. LANDISH: Yes, your Honor, I do.
10 (Colloquy not on the record.)
11 FURTHER REDIRECT EXAMINATION
12 BY MR. LANDISH:
13 Q. Mr. Cooper spiritedly asked you if you had perjured
14 yourself, and you indicated there was a restrictive legend
15 on the stock certificate sent to Andy Mann; is that correct?
16 A. That is correct.
17 Q. Why don't you take a look at what's been admitted into
18 evidence as Exhibit 11. It's the transfer records for May
19 8th, 1998.
20 A. Okay. I've --
21 MR. LANDISH: Mr. Montal, do you have those?
22 MR. MONTAL: No. That's with the Court.
23 THE CLERK: These are the originals. These ones?
24 UNIDENTIFIED SPEAKER: These ones.
25 THE WITNESS: I'm very concerned about these
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
46
1 documents. I want to make sure they're all there before he
2 goes because --
3 MR. LANDISH: Ail right.
4 THE WITNESS: -- it's a severe violation not to
5 have the transfer documents in order at all times to be
6 presented to the SEC if they wish to look at them.
7 THE COURT: Well, they're going to be lodged with
8 this Court --
9 THE WITNESS: Yeah. Yeah.
10 THE COURT: -- until --
11 THE WITNESS: Good. Okay. I just want to make
12 sure they're all here --
13 TEE COURT: -- I authorize copies to be made.
14 THE WITNESS: -- they're all here. Okay. They're
15 here.
16 BY MR. LANDISH:
17 Q. Let's take a look at the May 8th exhibit, and I want
18 you to turn to the letter of Bondy & Schloss (phonetic).
19 THE COURT: Let me take just a moment to indicate
20 that during the first recess, I'm going to ask counsel that
21 you and Mr. Cooper and my clerk make copies of these
22 original documents and confirm exactly what is being held by
23 the Court and a confirmation.
24 I don't want there to be any suggestion that sometime
25 later something has disappeared. Will you do that?
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
47
1 MR. LANDISH: We will do that, your Honor.
2 MR. COOPER: Yes, your Honor.
3 THE COURT: Okay.
4 BY MR. LANDISH:
5 Q. Turning to the letter of Bondy & Schloss --
6 A. I have it.
7 Q. Okay. And that's already been admitted into evidence.
8 The Bondy & Schloss letter, does it reference a restriction?
9 THE COURT: Counsel, what are you looking at now?
10 MR. LANDISH: As part of Exhibit 11 --
11 THE COURT: Okay.
12 MR. LANDISH: -- for the 5th of May is a letter,
13 an opinion letter, from Bondy & Schloss. The offer --
14 THE COURT: Okay.
15 BY MR. LANDISH:
16 Q. Does the Bondy & Schloss letter mention a restrictive
17 statement?
18 A. Yes.
19 Q. And what is the purpose of this letter, in your
20 opinion?
21 A. This is an opinion letter that is used to register
22 securities.
23 MR. SEMENZA: Objection, your Honor.
24 MR. LANDISH: He can testify as to what it is,
25 your Honor.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
48
1 MR. SEMENZA: Lack of foundation.
2 THE COURT: The objection --
3 MR. SEMENZA: This document speaks for it itself.
4 THE COURT: Well, the objection's overruled.
5 MR. LANDISH: Thank you, your Honor.
6 THE COURT: I don't want any markings on that.
7 THE WITNESS: Oh, no, no. I was just -- I'm not.
8 I'm not marking it. I go like this because it's easy to
9 read.
10 BY MR. LANDISH:
11 Q. So please go on. What is the purpose of this letter?
12 A. In order tO -- to register securities, a letter of
13 opinion has to be submitted to the transfer agent that the
14 company, issuing company, meets certain requirements and
15 certain requirements have been met by the purchaser or the
16 one receiving the stock before the stock can be registered.
17 Q. Okay. Now, based on this opinion letter, do they make
18 any recommendations as to a restrictive legend?
19 A. They suggest that the restriction legend can be removed
20 and the -- and shares registered.
21 Q. So the Andy Mann shares did have a restrictive legend
22 on them.
23 A. That's correct.
24 Q. There wouldn't be a purpose for this letter if they
25 weren't restricted.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
49
1 A. That's correct.
2 Q. When Hr. Montal discussed this matter with you, we
3 talked about the letter of November 19th, 1997; is that
4 correct?
5 A. That's correct.
6 Q. And basically, it's Exhibit 18. Why don't you take a
7 look at that, if you could, also, the October 29th letter
8 from DTC which is Exhibit 17. These have both been admitted
9 into evidence.
10 A. Which number, Mr. Landish?
11 Q. 17 and 18. 17 is dated October 29th, 1997. 18 is
12 dated November 19th, 1997.
13 A. Okay. I don't have those.
14 THE CLERK: Those are defendants' exhibits.
15 (Indiscernible).
16 MR. LANDISH: Oh, I apologize. If we can have
17 those, I would appreciate it.
18 (Colloquy not on the record.}
19 THE CLERK: You must have 18.
20 THE WITNESS: I do?
21 THE CLERK: There it is.
22 THE WITNESS: Oh, I'm sorry.
23 BY MR. LANDISH:
24 Q. Take a look at the letter from October 29th, 1997.
25 Now, as we've already discussed, this talks about the Zapara
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
5O
1 litigation; is that correct?
2 A. That is correct.
3 Q. And at the time, to the best of your knowledge, had the
4 Depository Trust Corporation transferred these shares to its
5 nominee, C.D. & Company?
6 A. Yes.
7 Q. And that's referenced in the October 29th, 1997 letter?
8 A. Right.
9 Q. And it's also referenced in the November 19th, 1997
10 letter from Mr. Cook; is that correct?
11 A. Correct.
12 Q. Now, to the best of your knowledge, has the Andy Mann
13 shares ever been registered in the name of C.D. & Company?
14 A. They have not.
15 Q. In other words, the electronic transfer occurred in
16 May --
17 A. May 21st.
18 Q. -- is that correct, according to the DTC sheets?
19 A. That's correct.
20 Q. But DTC did not receive the actual physical certificate
21 until October 1st as per Mr. Semenza's --
22 A. October -- yeah. He --
23 MR. SEMENZA: Objection, your Honor.
24 THE WITNESS: He -- he -- said that he --
25 MR. SEMENZA: Your Honor --
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
51
1 THE WITNESS: On October 1st, he --
2 THE COURT: Just a moment. Yes?
3 MR. SEMENZA: He's asking a question of this
4 witness as to when DTC received this certain document. It's
5 not a document that he's ever sent. We're talking about
6 share certificates. He has no basis --
7 THE COURT: I think you can ask him when things
8 that he was privy to.
9 MR. LANDISH: Privy to when he was here.
10 MR. SEMENZA: Excuse me?
11 THE COURT: No. I think the objection is
12 sustainable. When they received them is something that
13 those who received them should testify to, Counsel.
14 MR. SEMENZA: Thank you, your Honor.
15 THE COURT: If he mailed them or did something
16 with them, I think he can testify directly.
17 BY MR. LANDISH:
18 Q. Do you know when the actual physical certificate was
19 sent?
20 A. Sent where?
21 Q. To the Depository Trust Corporation.
22 A. I only know what the attorney for the DTC said of last
23 time in court.
24 Q. Not DTC.
25 A. I mean -- excuse me -- attorney for J.B. Oxford. He
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
52
1 said it's on the tape that we Fed Ex'd the certificate on
2 October 1st.
3 MR. SEMENZA: Excuse me. Objection, your Honor.
4 THE COURT: Sustained. The objection will be
5 sustained. If that's part of the record, then you can refer
6 to it sometime later.
7 BY MR. LANDISH:
8 Q. You testified previously that Mr. Mann had at one point
9 in April called you and requested the information of your
10 bank; is that correct?
11 A. That is correct.
12 Q. Showing you what's been marked for identification as
13 Plaintiff's 21 --
14 (Colloquy not on the record.)
15 BY MR. LANDISH:
16 Q. Do you recognize that document, sir?
17 A. Yes, I do.
18 Q. And what is that document?
19 A. This is a document that Andy Mann requested, so he
20 could wire the $1,000,000 to our bank.
21 Q. And is this true and correct copy of the record?
22 A. That is correct. And this is Andy Mann's own hand --
23 or (indiscernible) someone from Mann (indiscernible) from
24 Cancun who sends this to US Bank, and we picked this up from
25 US Bank.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
53
1 MR. LANDISH: Okay. Move for the admission of 21,
2 your Honor.
3 THE COURT: Any objection? It will be received as
4 Exhibit 21.
5 (Plaintiff's Exhibit No. 21 was received into evidence.)
6 BY MR. LANDISH:
7 Q. Mr. Sylver, I'm going to show you a document marked for
8 identification as Exhibit 22. Can you identify this
9 document?
10 A. Yes, I can.
11 Q. Can you describe for the Court what Exhibit 22
12 represents?
13 A. Okay. Exhibit 22 first letter is that please find the
14 enclosed that you had. It's a recopy from an original that
15 you sent to us in regards to no hold restrictions placed on
16 $2,000,000 -- or 2,000,000-share certificate.
17 As you know, the $1,000,000 never arrived. Therefore,
18 please let this letter serve as an official rescission of
19 the May 4th letter, 1998 letter.
20 No certificates that you have of Amazon Natural
21 Treasures' stock received from Amazon Natural Treasures
22 under rule 44 or reg S representations is in good standing
23 nor will it be issued without restrictive holds.
24 This stock is to remain restricted until fully paid
25 for. That's the first letter.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
54
1 Q. Ail right. Is that letter true and correct copy of the
2 letter that you wrote at that time?
3 A. That is correct.
4 MR. LANDISH: Okay. I move for the admission of
5 22, your Honor.
6 MR. MONTAL: Well, your Honor, there are a number
7 of documents that are attached to this and --
8 THE COURT: Yeah. There are some other documents
9 attached to it.
10 THE WITNESS: Okay. The next one --
11 MR. LANDISH: The next --
12 THE COURT: Just a moment. There are some other
13 documents.
14 BY MR. LANDISH:
15 Q. Let's go to the next document.
16 A. Okay. The next one is a demand letter to Andy Mann.
17 Please be advised that due to your blatant lies and
18 deception in regards to the $1,000,000 payment for the stock
19 subscription signed by Shoreline Securities and Whitecliffe
20 Investment Funds for the issuance of 4,000,000 shares,
21 demand is hereby made for painlent of $1,000,000 or the
22 return of the stock within ten days of the receipt of this
23 fax.
24 Q. Is that true and correct copy?
25 A. That is correct.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
55
1 Q. Okay. What's the next document?
2 A. The next document is a -- the copy of the certificate,
3 the stock certificate, No. 2119 that Joseph Andy Mann faxed
4 to us with the restrictive legend on it, that we used in the
5 preparation of the transfer of the May 4th letter.
6 We had no reason to believe because we did not have any
7 originals, that that certificate was not restricted. Here
8 is his fax sending this to us.
9 Q. Okay.
10 A. The fourth page is the confirmation of the fax sending
11 this to Andy Mann on May llth at 7:29.
12 MR. LANDISH: Thank you. I would move for the
13 admission of 22, your Honor.
14 MR. JUDD: Your Honor, may I take on voir dire?
15 THE COURT: Yes.
16 VOIR DIRE EXAMINATION
17 BY MR. JUDD:
18 Q. Mr. Sylver, if you'll please turn to page 3 of Proposed
19 Exhibit 22. Are you saying that you received by fax on
20 April 29th, 1998 certificate No. 2119 which is dated May
21 1st, 19987 Is that what you're saying to this Court?
22 A. That's what he sent us.
23 MR. MONTAL: Your Honor, if I may, I have an
24 objection to the admission of this document in its current
25 form.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
56
1 Pages 1 and 2, I believe, the witness testified are
2 documents, which the witness claims to have faxed to
3 Mr. Mann.
4 Page No. 4 is alleged to be a faxed transmission report
5 from Amazon to Mr. Mann.
6 Page No. 3 which is a copy of the certificate that
7 allegedly was faxed by Mr. Mann to Amazon is not part of any
8 of those faxes and should not be marked as part of that
9 exhibit.
10 THE COURT: I would think you do need separate
11 documents, Counsel.
12 MR. LANDISH: That's fine, your Honor. We will
13 separate them as to 22-A, B, and C. Would that be
14 acceptable?
15 MR. MONTAL: No, your Honor. I would think that
16 it should be an entirely exhibit number. There is no
17 connection whatsoever, other than (indiscernible) pages.
18 THE COURT: Why don't we give them separate
19 numbers. You don't have any problem with the two letters
20 being marked A and B and the fax --
21 MR. MONTAL: Transmission report.
22 THE COURT: -- being marked?
23 MR. MONTAL: No, your Honor.
24 THE COURT: Well, the fax indicates --
25 MR. MONTAL: Three pages.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
57
1 THE COURT: -- three pages, and I'm assuming this
2 is the cover would be the three pages.
3 MR. JUDD: No. I think that's incorrect,
4 your Honor, because this first page of Proposed Exhibit 22
5 says please find enclosed letter.
6 So obviously, this letter and an enclosed letter were
7 allegedly faxed. That would constitute three pages because
8 the cover sheet is always one of the three pages faxed.
9 THE WITNESS: Okay.
10 MR. JUDD: I don't know where the transmission
11 letter --
12 THE WITNESS: Okay.
13 MR. JUDD: -- is for the second page.
14 THE WITNESS: Okay. It's a --
15 THE COURT: Well, just a moment. I don't see any
16 difficulty. Let's just give each of the four pages a
17 separate identity as far as the exhibits are concerned.
18 This is Plaintiff's Exhibit 22 which is the May llth
19 letter. The second page is dated May llth, but it talks
20 about the Whitecliffe. And the next exhibit -- have we
21 already used 23 and 24 and 25?
22 THE CLERK: No. They have used 23 for --
23 plaintiff's have used another 23, so we can mark the next
24 one page 24.
25 THE COURT: Okay. The second page will be marked
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
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1 Exhibit 24. And the stock certificate, what's the next
2 number?
3 THE CLERK: 25.
4 THE COURT: And the fourth page will be marked 26.
5 THE CLERK: 26.
6 THE COURT: Now, you can relate them if you want
7 to sometime later, but they will be marked separately.
8 With that proviso, does anyone have any objection to
9 the exhibits being received? They will be received. 22 and
10 give me the numbers.
11 THE CLERK: 22, 24, 25j and 26.
12 THE COURT: 22, 23 --
13 THE CLERK: No, no. TO 22, 24, 25, and 26.
14 THE COURT: Okay.
15 MR. LEFEBVRE: Your Honor, I have no objection to
16 them being received, but I just want to make sure the record
17 is clear that we're not having representation that they were
18 bundled together.
19 THE COURT: It's to the contrary. I think the
20 record makes it clear --
21 MR. LEFEBVRE: Okay.
22 THE COURT: -- that you take the position that
23 they were not bundled together.
24 MR. LANDISH: Your Honor, I have no more
25 questions.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
59
1 THE COURT: Any further recross?
2 MR. SEMENZA: No, your Honor.
3 MR. LEFEBVRE: No, your Honor.
4 THE COURT: Thank you, Mr. Sylver.
5 (Colloquy not on the record.)
6 THE COURT: Call your next witness.
7 THE WITNESS: Okay. Don't lose these. These are
8 very important. |
