Q. (By Mr. Rue) Sir, that was an exhibit in the investigative stages of this case.
A. Was that investigative stages the ongoing --
Q. I believe it was prepared -- I believe it was produced by Mr. Dalsgaard.
A. By Mr. Dalsgaard?
Q. Yeah.
A. Amazing.
MR. LELAND: It looks like it was faxed from Gerald Brent.
THE WITNESS: From Gerald Brent, yes.
A. But you see, they can change a fax any way they want. Can we get a copy of this?
Q. (By Mr. Rue) It will come with your copy.
A. Before it disappears.
MR. LELAND: It will be on your --
THE WITNESS: No, no, no, no.
MR. LELAND: -- deposition copy.
THE WITNESS: Huh?
MR. LELAND: It will be attached to your deposition.
THE WITNESS: No. I want a copy of -- of this.
MR. LELAND: I'm sure we can find a -- we can find a copy machine around here somewhere.
THE WITNESS: Yes, please. I definitely want this.
MR. RUE: Well, the court reporter will take these when it's over and she will attach them to the depositions and it will be done.
THE WITNESS: Might I request that I see the facsimiles to how it represents the original document?
MR. LELAND: We can get you a copy today, I think. I think there's a copy machine here.
THE WITNESS: Yeah.
MR. RUE: I bet there's one.
THE WITNESS: Oh, I imagine so. There's technology to go behind that. Him stating that that came from Mr. Dalsgaard, that's part of the record because we're still on the record, right?
MS. RIVERA: Yes.
THE WITNESS: Okay.
Q. (By Mr. Rue) Let's look at a document that'spreviously been marked as Plaintiff's No. 32.
A. And your question?
Q. Are you familiar with this press release?
A. I'm familiar we put out -- a press release was put out by U.S. Sustainable Energy Corporation regarding Oppenheimer. The context or the wording on this press release, I have no direct recollection.
Q. Well, this was printed out from, if you'll look at the fax tracks across the top of it, it was printed out from marketwire.com and purports to be a November 16th, 2006 press release announcing that U.S. Sustainable Energy Corp. engages Oppenheimer & Company, Inc. as an investment banker.
A. Well, again, I reiterate I know we put out -- the company put out a press release about Oppenheimer that sticks in my mind. But as to the content when this was put out or what this thing says, I have no direct recollection. No immediate recollection or direct recollection.
Q. So you don't recall anything at all about this transaction?
A. The question has been asked and answered, sir.
Q. Mr. Rivera, I'm entitled to ask questions.
THE WITNESS: Don, how many times do I have to answer the same question?
MR. LELAND: Well, if you answered thequestion, I'm not sure what his question was. What was your question?
Q. (By Mr. Rue) My question was: Do you have any recollection of this transaction with Oppenheimer?
A. And I said I had -- that was not the question. Of this press release was the question, sir.
Q. All right. Do you have --
THE WITNESS: Would you kindly read back if there is any disagreement on that?
Q. (By Mr. Rue) Let's get -- let's get the whole thing, then. What do you remember about the transaction with Oppenheimer?
A. I remember that we had representatives from Oppenheimer down to the plant. I remember that they spoke with the Mississippi -- there is an act or a law or something that where there was a lot of funds made available because of the hurricane.
THE WITNESS: Do you remember what that is?
25 MR. LELAND: It's a go zone.
A. The go zone. Okay.
MR. LELAND: Go zone.
THE COURT REPORTER: Go zone?
MR. LELAND: Go zone.
THE WITNESS: Go zone, yeah. Oh, they got all sorts of neat stuff over there.
A. And these representatives from Oppenheimer met with the powers to be with the state and with the county for a 50-million-dollar bond. And after Oppenheimer was satisfied as to the validity of the bond and all this, they sent me a letter of engagement via e-mail, you know, asking for -- I don't remember how much money it was. It wasn't much, but a deposit and all this other good shit. And upon receiving that letter, we put out a press release. What the press release said or how it was worded, I don't know. I have no direct recollection. But I do remember that within 30 seconds, maybe a minute, maybe I'm exaggerating, of the press release going out, I have Oppenheimer's legal staff calling me saying what the hell are you doing? We're going to sue you for this and for that and for the other. That was a draft proposal for discussion purposes only. And I said really? He said yes. You retract that. I said I'm not retracting shit. Excuse my French, okay, and, you know, you want to come talk to me, come down here in a civil tone and we'll discuss this; otherwise, take me to court. And he says what are you talking about? I says, well, I understand your demeanor as an attorney, but screaming and hollering at me does no good. I've got an e-mail from the author of this document which I opened up in my e-mail browser which is customary when you receive an e-mail. I read the content of the letter with the signature, and I put out a press release. And you can come here, or I will forward you a copy of this, and you will see nowhere on there does it say a draft for discussion purposes only. So get off your damn high horse, okay, and let's talk reality. And sent it to him. He called me back and he apologized and we talked about it. We -- we did a -- some sort of retraction or explanation, I don't remember. All I know is that they wanted to come down and sue us from here to kingdom come, and they found out that they were in error. That's all I remember about Oppenheimer, which I think is quite sufficient.
Q. (By Mr. Rue) Well, I've just got one more question about it.
A. Yes, sir.
Q. That contract that you opened in your e-mail browser?
A. Yes, sir.
Q. Was there anyone's signature on it?
A. Yes, there was. But I couldn't tell you who it is at this point.
Q. Do you have a copy of the contract?
A. I've been looking for it. I'm still looking for it. Everything is in disarray since we no longer have an office or a place to store records or anything else like that. But I am still looking for it.
Q. It is your testimony that it was signed by somebody from Oppenheimer?
A. Yes, sir.
Q. You're sure about that?
A. Without having the document in front of me, okay, I remember it being signed.
Q. Okay. Let's look at a document that's previously been marked as Exhibit 33 in this lawsuit which is a one-page document bearing the date November 15th, 2006 former Pratt Whitney senior vice president, Dr. David E. Crowe joins U.S. Sustainable Energy Corp. board of directors. Are you familiar with this press release?
A. No, I'm not.
Q. Okay. When did you meet David Crowe?
A. When did I say I met David Crowe?
Q. You didn't. Did you ever meet David Crowe?
A. No.
Q. Was he ever on the Sustainable Energy Corp. board of directors?
A. Not to my knowledge.
Q. So this press release is false?
A. I don't remember this press release in any way, shape or form. I'll have to investigate it. It says it came from Market Wire, so it was obviously put out, but I don't know who put it out.
Q. The second paragraph of it is a quote. "Dr. David Crowe's extensive background with Pratt & Whitney is one of the many reasons we wanted him on the board of directors, said John Rivera of USSEC's CEO."
A. Mr. Rue, let me make something perfectly clear.
Q. Let me ask you the question, Mr. Rivera. Then you can --
A. Not if you're going to continue reading from this, I need to make something perfectly clear.
Q. Then you --
A. Now --
Q. -- do that after I finish my question.
A. I will be more than glad to listen to you, sir.
Q. "His addition, among many others planned, will help attract other top industry talent to our company, further bolstering our board of directors, management and executive teams." Did you make this statement?
A. Since I've never seen this press releasebefore, I -- I couldn't have made that statement. And for the record, I neither wrote, authored or authorized any press release that did not have at least one, if not two, legal opinions attached to them. All the press releases were written by Jens Dalsgaard, Joe Fiore, Robert Davis, and some were written by Keith Mazer.
Q. You recall nothing about this press release?
A. I've seen places on the Internet that say that you're responsible for some ungodly acts and that your moral habits are just (indicating). I mean, does that make them true?
Q. That's not my question.
A. I've never seen the document. I did not make the statement. Asked and answered.
Q. All right. You did answer the question.
A. Excuse me?
Q. You did answer the question.
A. Thank you.
Q. Now, did you receive a letter from Dr. Crowe asking you to retract this press release?
A. Asked and answered.
Q. No, sir, it hasn't been.
A. I said I've never seen the press release. I don't know who Dr. Crowe is, okay, was, if he exists. I have no knowledge. Anything having to do with Dr. Crowe, which I do not know, have never talked to, have no intervention with, I have no knowledge. Is that clear enough, Mr. Rue?
Q. No, sir, it isn't.
A. Then I'm sorry.
Q. My question is: And it's a simple yes or no answer will do. Did you receive a letter from Dr. Crowe asking you to retract this press release?
A. One final time. I have had no communications, no e-mail.
Q. Let me stop you right there.
A. No documents, anything whatsoever with this doctor whoever it is.
Q. Crowe.
A. Crowe. Does he exist?
Q. Yeah, he does.
A. Oh, okay.
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