Q. (By Mr. Rue) Let's go back to Mr. Lora for a moment. We looked at these packages of checks that are marked as Exhibit 105.
A. Yes, sir.
Q. Is it -- do I understand your testimony that each of these checks that total $700,000 --
A. Uh-huh.
Q. -- plus were loans to either you or Ms. Price?
A. They were loans, okay, to Sustainable Power or USSE. They were delineated as such until restricted stock at a discount was reissued to him because this money was for the purpose of helping to maintain the company and ourselves to keep going. And if you take this $760,000, I believe the figure you said, in its totality, all right, it does not represent 1 percent of the float which any stockholder is entitled to sell up to 1 percent of the float every quarter. 1 percent of 3 3 billion shares, okay, is way less than the totality of this.
Q. All right.
A. And this was over a long period of time.
Q. All right. Still trying to get an answer to my question. The first page of this says a loan to John Rivera. Has that loan been repaid?
A. Yes, it has.
Q. And was that repaid by the issuance of restricted shares?
A. Yes, it was.
Q. That's fine. And the same would be true for the rest of this money?
A. That is also true.
Q. Okay. That's fine.
MR. RUE: Let me mark for you a document that I think today I will call Exhibit 109.
(Exhibit No. 109 marked.)
Q. (By Mr. Rue) Let me show you Plaintiff's Exhibit 109, which was marked in the investigative stages of this as Exhibit 58. It is a multi-page document, the second page of which says USSE consulting agreement, effective April 21st, 2006, entered into and by and between U.S. Sustainable Energy Corporation, a Mississippi corporation, and Redwood Consultants. Are you familiar with that document?
A. No, sir, I'm not.
Q. Do you want to look on the last page of it?
A. Pardon me?
Q. Do you want to look on the last page of it, please?
A. I've looked at the last page.
Q. And there's some signatures on that page?
A. There is some facsimiles of signatures on that page.
Q. Is the facsimile of the signature on that page a facsimile of your signature?
A. That's somebody trying to copy it.
Q. Pardon me?
A. It's somebody trying to copy it, A; and B, I've never seen a document, all right, especially one that I've initialed every page on that has USSE in some sort of Magic Marker written on it.
Q. Well, I'll just assume that's not on the original document.
A. So why show me this?
Q. Well, I'm showing you for the printed material, Mr. --
A. I do not recognize this document.
Q. You're not aware that that is a contract between your company and Mr. Dalsgaard's firm?
A. I am aware that that's what it appears to be. But as I stated before, okay, I have never initialed a contract that has USSE written in some sort of Magic Marker that was put on after my initial was put there because --
Q. So if you initialed that, you wouldn't have seen the USSE, would you?
A. It wouldn't have been there.
Q. That's correct.
A. That is correct.
Q. Do you remember that document without the USSE written on the top of it?
A. No. First of all, I would not sign a document or issue a document, okay, where I don't even know the name of my company. Even at 10 percent mental capacity, I still know the name of my company.
Q. And what's the name of the company on there?
A. U.S. Sustainable Energy Corporation, a Mississippi corporation.
Q. And that's -- you're telling me that's incorrect?
A. It is incorrect.
Q. And it should be Corp. period instead of corporation?
A. It should be Corp. period, okay, and it should be a Nevada corporation.
Q. Was U.S. Sustainable Energy Corp. period first incorporated in Mississippi?
A. Yes, it was.
Q. And was it subsequently incorporated in Nevada?
A. That is also correct.
Q. All right.
A. But we've had lawsuits that we've tried to institute. We've had all sorts of things going back and forth with the illustrious Mr. Stanton and his attorneys, okay, because he formed U.S. Sustainable Energy Corporation in Florida and put out press releases as U.S. Sustainable Energy Corporation, which was not us. We issued a cease and desist, okay, and we complained that he was infringing upon our corporate name and our trademark. So for me to sign a document that clearly -- it doesn't clearly state because it looks like this was whited out and something else was put in.
THE WITNESS: Don, do you see there?
MR. LELAND: Yeah.
A. So, no, I do not recognize this document.
Q. (By Mr. Rue) Let me -- let me -- let me see it a minute. Let me see if I can see what's whited out here.
A. Oh, I'm sorry. I didn't --
Q. And you can explain that to me. And when you say whited out, are you talking about the little dots that appear to be behind the U.S. Sustainable Energy?
A. I'm looking at where something was whited out and something else was printed over it.
Q. And where is that on here? Would you point it out to me, please?
A. May I mark on this?
Q. Sure.
A. You know, it is just so coincidental that the only thing that's there is U.S. Sustainable Energy Corporation, a Mississippi corporation. The rest of this document is perfectly clear. Now, I don't know who was tampering with exhibits, but in my opinion, somebody has definitely tampered with this exhibit. And if -- I do not recognize this document or anything that it has to say.
Q. Is the substance of this contract something that --
A. I didn't even bother reading it.
Q. Well, take a look at it.
A. Why should I read a fictitious document?
Q. So it's your testimony that this is a fictitious document?
A. It is my testimony that it --
Q. And those are not your initials on there?
A. It is my testimony that that document appears to be altered and -- it's the only place there that you can see quite clearly where it was changed. There's no -- there is no other place in that document.
(Discussion held off the record for less than one minute.)
A. Was that a document given to you by Mr. Westrick?
OCR extract
Doc 102 PDF file
scribd.com
page 74 |
