Q. All right. Did you review this document before you signed it?
A. As well as I could under the conditions I was living in.
Q. What -- did you attempt to review this document before you signed it?
A. I attempted to review the document. Only having less than 10 percent of my mental capacity available to me, I did the best job I could.
Q. All right.
A. Is this for me or do you keep that?
Q. No. That's the official copy.
A. Here you go, sir.
Q. There we go. Let's keep a pile of those face down, then they'll all be in order when we're done. Have you made loans to either USSE or Sustainable Power Corporation?
A. I am not trying to avoid the question. I intend to answer it fully, but definitions of loans --does the money owe -- does the company owe me money? Yes. Now, I have given up a large quantity of my free-trading stock to the company in order for the company to raise money where I have mostly received restricted stock in exchange. I have about 5 million dollars' worth of equipment that was mine prior to the existence of any public company that may or may not have been listed as a loan. As I said, I have no firsthand recollection of that time period. I have a 500,000-dollar-a-year salary that I have not collected, okay, and have agreed not to collect until the company was profitable. So have I loaned them money in one way, shape or form or another? Yes. And I've just delineated the occurrences that come to mind.
Q. All right. Have you advanced cash to the company to allow it to continue its operations and pay its expenses?
A. I have advanced cash either through a private placement or a -- contributing my free-trading shares for restricted shares so the company could continue.
Q. I guess I need you to help me with private placement. What are you talking about there?
A. Private placement. That is -- and I'm not an attorney, so therefore, I have to rely upon my Securities and Exchange Commission attorneys. It is a sale of stock not made in the public arena, okay, at a, I believe, and I'm not sure, a discounted price, to sell a block of stock in order to raise money so the company could continue. That is what I understand from my SEC attorney.
Q. All right. It seems to me that what you've said is subject to a couple of interpretations. One of them would be that you gave stock to the company, either restricted or free-trading stock.
A. Uh-huh.
Q. And the company made a private placement of that stock with under -- with individuals. And as a result, we see the money directly in the company.
A. That's correct.
Q. And the other way I could interpret that is that you, John Rivera, made a private placement of stock that you owned in the company which was restricted or freely traded. And the money from the investors came directly to you, and you advanced it to the company.
A. I, John Rivera, have no knowledge and had no knowledge of public companies or the workings thereof. I wouldn't have known a private placement if it hit me on the head with a 2-by-4. All transactions, whether for SSTP or to John Rivera or for anybody else who helped the company out, was fully authored and executed by Richard Cutler, our Securities Exchange attorney. So as to, you know, the mechanics of that, you would have -- I would have to refer to him.
Q. All right. Now, you -- well, you mentioned 5 million dollars' worth of equipment that belongs to you?
A. That is correct.
Q. All right. And you have allowed the companies, I assume, to use that equipment for a period of time?
A. That is incorrect.
Q. Well, then, explain to me.
A. I gave it to the company. I don't know if I received loan payments for it or if I didn't receive loan payments for it, but the company owns it.
Q. Okay.
A. And it's about to be going off for public auction. 20 million dollars' worth of equipment is probably going to go for about $2,000.
Q. Okay. Do you recall --
A. He's done a great job.
Q. Do you recall whether or not you directly advanced cash to either U.S. Sustainable Energy or Sustainable Power Corporation?
A. The only direct cash that I can recall taking out of my pocket to anybody is for a cab driver, a limo driver, or a tip at a restaurant. Those transactions for the company, not knowing anything about a public company, I relied upon my investment bankers, Berkshire Capital, Joe Fiore, and my Securities and Exchange attorneys and my CPAs to advise me. I didn't know that my IR firm and my investment bankers were in collusion to defraud me and all my stockholders.
Q. So you can't remember whether you advanced money directly to the company from one of your bank accounts or brokerage accounts or not?
A. Mr. Rue, I just answered the question to the best of my knowledge. Okay. I have no problems answering questions one time.
Q. All right.
A. That question has been asked and answered.
Q. Well, if you have a bank or a brokerage account that shows a transaction going -- a sum of money going to USSE or SSTP, would that be a transaction that you authorized or not?
A. If I had a brokerage account, which I have no memory of, and monies went from that brokerage account to SSTP and USSE, I do not believe that that brokerage house would transfer those monies to anybody without my direct written consent.
Q. Thank you.
OCR extract
Doc 102 PDF file
scribd.com |
