Friday, Dec. 21, 2001 | 9:59 a.m.
A Clark County District judge denied on Thursday a request by Las Vegas hypnotist Marshall Sylver, the target of a criminal investigation, to stop state investigators from contacting his customers and using what he calls "improper government investigation techniques."
In denying Sylver's request during a hearing Thursday, Clark County District Judge Mark Gibbons said: "We can't tell the state agency who they can or can't talk to. That's their job. It's not my job as a judge to tell the state how to do their investigations."
Sylver, who hasn't been charged with criminal violations but is suspected by the Attorney General's office of committing theft by obtaining money under false pretences and racketeering, wanted a court order to stop the state from misusing his personal and business records.
Government officials seized several computers and many of Sylver's personal and business records during a search of his home office at 6425 Darby Ave. on Oct. 30 for information related to his company, Sylver Enterprises and the "Millionaire Mentorship Program," a self-help financial seminar offered by Sylver.
The Attorney General's office said it has received at least 25 complaints from customers who claimed they were refused refunds by Sylver after they failed to double their investment by following the program.
But Tony Sgro, Sylver's attorney, said Thursday that the majority of hundreds of Sylver's clients he contacted were "totally satisfied, happy and feel they've got their money's worth. When we asked them whether they would recommend the program to their friends, many of them said they would."
"Of all the customers Sylver's company had ever serviced, only 3 percent have complaints. That's an indication it's a pretty successful business," he said. "But when the Attorney General's office contacts someone to say it has allegations that Sylver defrauded people, or has evidence of a pyramid scheme, or bilked people of hundreds of thousands of dollars, people will suddenly change from being OK into (thinking) they are victims."
Sgro, who said Sylver is "just asking for a level playing field," said the denial of his request "has the tendency to give the Attorney General's office too much power to manipulate people over the telephone."
But Tracey Brierly, deputy attorney general with the Attorney General's Office of Consumer Protection, disagreed, saying it has "never conducted investigations in that manner."
Brierly, who said she was "happy that the (court) hasn't prevented us from talking to witnesses," said Sylver's request to stop the State from talking with witnesses is "outrageous" and an attempt to "derail" its criminal investigation.
Sgro, in a Nov. 1 request for a return of the seized property, claimed a delay in their return will "cause decimation of Sylver's business, cessation of all business activities including multiple events currently scheduled and the layoff of four Sylver Enterprises employees."
But Brierly disagreed, saying "Other than unsubstantiated claims (that Sylver will be put out of business) and puffing, there has been absolutely no showing as to the immediate need for the (records) he now wants returned."
"The state would have to stop what it is currently investigating and thoroughly review all the seized evidence to distinguish what evidence constitutes instrumentalities of the crime," she said. "It's not like we've been sitting on the case for years. At this point, we haven't had enough time to determine what specific charges may result from the investigation."
"Why does Sylver want to prevent us from contacting his customers? What is he trying to hide? " she asked.
Gibbons granted Sylver's request to have his documents returned, saying: "It is not burdensome on the attorney general's office to get the documents copied at Kinko's at (Sylver's) expense and then have them returned to Sylver."
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