Q. (By Mr. Rue) Now, this is a package of documents, all of which have been written by M. Richard Cutler, Esquire, who you've identified as your securities attorney.
A. Where on this document does it attest that these are original, exact copies of what he has?
Q. Well, I expect, Mr. Rivera, if we go back to Mr. Cutler's deposition, we can find that he authenticated them. But again --
A. I'm just asking the question.
Q. Well, I -- you know, I think Mr. Cutler has identified them. But if that's not the case, you know, they came from records of transfer on-line. And I just -- I don't want to ask you about the documents themselves because you're not a lawyer, and you don't know whether these are good Rule 144 letters or not. I am just asking you -- well, I'm going to ask you: Who is Radhames Lora, and how come you gave him -- how come he was given 20 million shares of Sustainable Power Corp.?
A. What page is that, sir?
Q. The first page. Or his letter dated August 22 11th, 2008 from Mr. Cutler to Transfer Online, re: Rule 144(k), sale of up to 20 million shares of Sustainable Power Company stock by Radhames Lora, represented by certificate number such and so.
A. Okay. And your question is?
Q. Who is Radhames Lora?
A. Radhames.
Q. Radhames?
A. Yes.
Q. Who is he?
A. Vice Admiral Radhames Lora is a personal friend of mine going back 20, 30 years.
Q. Okay.
A. Who is a retired two star admiral. He is the youngest man ever to graduate or get his Ph.D. at Cornell University. The only man that the chancellor at Cornell University wrote and thanked the president of the Dominican Republic for sending him to Cornell. He is the Caribbean, Central and South America judo champ. He is the youngest man ever to enter the Judo Hall of Fame. He is --
Q. Now, where is the Judo Hall of Fame?
A. Pardon me?
Q. Where is the Judo Hall of Fame?
A. Well, I'm sure I could look it up for you. All I've seen is the awards.
Q. Okay. I'll find it.
A. Oh, I'm sure.
Q. All right. Go on.
A. He is a -- the advisor to the former president, and he is -- was the director of disaster and emergency response. He is the only man in the history of the Dominican Republic where the U.S. and other countries have written him open checks to take care of disasters because he is the only man in the history of the Dominican Republic ever to account for every cent that was ever given, where it went, who it went to. When he was replaced, they started dropping off beans and tomatoes instead of getting what was needed.
Q. Do you know how he came to be -- how he came to hold 20 million shares of Sustainable Power Corporation?
A. I do.
Q. Would you tell me?
A. For work done in the past, obtaining contracts, lands, introductions for Tubes Technology Licensing, Earth First Technologies. And acting as a political advisor and introducing us to major energy and fuel sources in the Dominican Republic. And as a ambassador for us in various Central and South American countries. For bringing in the Dominican Institute of Technology to invite us to the Dominican Republic to work hand in hand with their scientists, proving or disproving our technology. The man has been invaluable to me and the companies I either was with or represented for the last 30 years.
Q. All right.
A. And he has an impeccable worldwide reputation and is respected worldwide.
Q. Thank you. Does he maintain a residence in and around Ithaca, New York?
A. I don't know.
Q. Where do you think he lives?
A. In the Dominican Republic.
Q. All right. Let's look at the next page of this. Well, that's -- the next page is the same one. Let's look at the third page down which is a September 5th, 2008 letter from Mr. Cutler to Transfer Online, re: Rule 144(k), sale of up to 11,360,000 shares of Sustainable Power common stock by Berkshire Capital Management Company, Inc. Do you know how Berkshire Capital Management Company, Inc. came to acquire 11,360,000 shares of Sustainable Power Company stock?
A. My opinion or fact?
Q. I'd like fact first.
A. This stock was -- wait a minute. (Sotto voce discussion.)
A. This appears to be a legal opinion, if I'm not correct.
Q. (By Mr. Rue) It is a legal opinion?
A. Well, I don't know. I'm just reading the text, and this is what I'm assuming.
Q. That's what's commonly referred to as a Rule 144 letter.
A. Okay, sir.
Q. And it removes the restriction on restricted shares of common stock.
A. And what is your question on this for me?
Q. And my question is: How come, if you know, Berkshire Capital Management Company, Inc. acquired 11,360,000 shares of Sustainable Power Corp.?
A. I don't know how they acquired 11,360,000 shares of Sustainable Power Corp. I do know, okay, how they defrauded Sustainable Power out of 50 to 60 million shares.
Q. Well, before we get to that, tell me what Berkshire Capital Management Company is.
A. They're investment bankers supposably. Actually, they are cohorts, partners in crime with Redwood Consultants and Jens Dalsgaard.
Q. And Berkshire Capital Management is represented by individuals, I would assume?
A. Berkshire Cap -- oh, people that work for them?
Q. Yes.
A. Oh, that's a great assumption, yes, sir.
Q. And who is the head of Berkshire Capital Management Company?
A. Well, Joe Fiore would be a pretty good guess, and I would probably bet my life on it.
Q. All right.
A. So I guess I'm pretty sure it's Joe Fiore.
Q. How did you come to meet Mr. Fiore?
A. I was introduced to him as my investment banker, okay, the person that would make sure that the company had all the money it needed to do all its business and build all its plants and make sure that, you know, everything we did and all our financial needs would be covered by a Mr. Jens Dalsgaard.
Q. Dalsgaard introduced you to Fiore, correct?
A. I believe that's what I just said, yes, sir.
Q. Okay. Other than Mr. Fiore, can you give me the names of some other people associated with Berkshire Capital Management in a management capacity?
A. There's an Angela. I don't know what their capacities are because all our conversations and all our interactions has been on a friendly first-name basis. And, you know, their specific functions, I have no idea.
Q. Okay.
A. But there's an Amanda, then there's another guy that I know of.
Q. James Mylock?
A. There you go. Thank you, sir.
Q. And others?
A. All right. There's Joe, there's Mylock, there's Angela.
Q. Gina Dellafina?
A. Yes. I know that name from there.
Q. And probably others.
A. Oh, a platitude of others that are readily available to you if you take the stock transfer on-line records and see all the people that the Berkshire Capital stock is broken down into, and you'll find 20 or 30 different people.
Q. Yes, sir, I have seen --
A. I'm sure --
Q. -- some of that.
A. I'm sure you have, sir.
Q. And I understand that there's some affiliation with Berkshire -- between Berkshire Capital Management and Eat at Joe's, Ltd.?
A. Eat at Joe's, Ltd., is -- gee, Eat at Joe Fiore's would be a better title.
Q. It's another company that Mr. Fiore owns?
A. That is correct.
Q. And Diamond Ranch, Ltd., is another one of those entities?
A. Can I talk to my attorney for a second?
Q. Sure.
(Discussion held off the record for less than one minute.)
A. I'm sorry, I wasn't trying to be obtuse.
Q. (By Mr. Rue) That's fine. You get the right to consult with your attorney anytime you want.
A. I do know Diamond Ranch as being associated in some way with Berkshire Capital.
Q. Did U.S. Sustainable Energy Corp., the Mississippi corporation, acquire or merge into Laforza Automobiles as a result of some effort on the part of Mr. Fiore or his colleagues?
A. Mr. Rue, I want to answer this question as forthright as possible. If I could have a little wiggle room because I don't know whether it was -- in fact, I'm pretty positive that U.S. Sustainable Energy Corp. Mississippi never transacted any business whatsoever. So, but I will say that whether it was Phoenix Eco or whatever the entity was, it did become a public enemy -- entity because of Joe Fiore's bringing Laforza. And this was, quote/unquote, Laforza was a "clean shell" that had -- that was fully reporting. And I would say at least three hours of dissertation on why this was the right move and probably another eight hours of dissertation explaining why I had to give up stock to this person, that person, the other person in order to get it.
Q. Okay.
A. Excuse me?
Q. I said okay. May I conclude from what you just said that you had to give up stock in U.S. Sustainable Energy, the publicly-traded company, to a variety of individuals that were associated with Mr. Fiore?
A. No, sir. That is totally an incorrect statement the way I recall it.
Q. Okay.
A. A correct statement that I would be willing to attest to is that I had to give up stock of Laforza, the public company --
Q. All right.
A. -- before USSE could obtain the shell and continue as a public company. There was no stock to be given in USSE at that time because it was not a public company.
Q. How did –
A. I hope that clarifies it.
Q. It does.
A. Yes.
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