To: BORIS BADENUFF who wrote (22491 ) 4/15/1999 3:15:00 PM From: Janice Shell Read Replies (2) | Respond to of 26163
Dean, can you tell me why DTC will not lift the freeze on AZNT stock? Um, what exactly is it about this that you haven't understood? I refer you once again to the transcripts. Montal, counsel for DTC, on 3 February:24 MR. MONTAL: And I think that perhaps I can provide 25 the Court with some clarification about some of the issues ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 243 1 that we have here. What we have essentially is a situation in 2 which the plaintiffs ask for a mandatory injunction for the 3 turnover of shares to the Court. And in order to do that the 4 plaintiffs had to have shown that they would be irreparably 5 harmed if that didn't happen. And, your Honor, what we've 6 heard from every -- 7 THE COURT: You're saying that this is just a money 8 question. 9 MR. MONTAL: A money case. And that's what every 10 single witness has testified to. Including Mr. Sylver. The 11 testimony is that if the $1 million had been paid at the time 12 that it was supposed to have been paid -- and, your Honor, all 13 we have right now is testimony from the plaintiffs that it 14 hasn't been paid. I don't represent Mr. Mann. I don't know 15 what happened. But the bottom line is it doesn't matter. If 16 the money had been paid these shares would be allowed to be 17 out in the market. There's no question about that. And so 18 what we're talking about is that the plaintiffs decided to 19 make a deal with what, from the testimony we've heard today, 20 has not been the best choice of people to deal with. They've 21 essentially made their own determination to get involved with 22 these people. 23 They knew from as early as February 1997 that 24 Mr. Kricfalusi and everybody that Mr. Kricfalusi has 25 introduced to Amazon based on their testimony has taken them ASSOCIATED REPORTERS OF NEVADA (702) 382-8778 248 1 for a ride for lack of a better word. And then in March of 2 1998 as their expert witness just testified when they told him 3 that they were entering into a 144 transaction with Mr. Mann 4 he said what are you crazy? 5 And on that basis, your Honor, they have decided -- they 6 made the decision that they were going to enter into this 7 transaction. They had fair warning all along that something 8 like this was going to happen. Not just were they aware that 9 this was going to happen, in some regards they participated in 10 it. 11 They issued the letter of May 4, 1998, that your Honor that 12 has referred to. And this went out to the public and their 13 transfer agent which was as a matter of law and as plaintiff 14 has admitted on the stand had said that it is their agent, 15 their agent were the ones that took off the restriction and 16 they did that in reliance on opinion letters from counsel. 17 They didn't do that on their own. There was two separate 18 opinion letters, one from Bondy and Schloss, and one from the 19 firm in Utah. And based upon those letters the restrictions 20 are taken off. And now what we have -- From the start DTC has claimed that Mike Sylver didn't alert them to any defect in the stock in question at the time he said he did. At the emergency hearing, they played telephone conversations (not copied into the transcript, unfortunately) which they assert prove that Sylver committed perjury in his earlier testimony.