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Gold/Mining/Energy : USSE - What a scam! -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (221)	11/2/2012 1:00:43 PM
From: scion	Respond to of 226

Q. I said did there come a time when you became acquainted with a company called Diversified Ethanol also known as Only New York, Inc.? A. There was a time that I became acquainted with Diversified Ethanol, Only New York, Inc. and four or five other acronyms. Q. All right. When was that time? A. Sometime in the last eight years. Q. Could that time have been around the beginning of December 2006? A. It could have been. Q. All right. How did you meet them? A. I have no direct memory of that. Q. Do you recall whether representatives of Diversified Ethanol visited your plant in early December 2006? A. I know that members of Diversified Ethanol visited the plant at some time. Q. Do you recall that you and others associated with United States Sustainable Energy Corp. visited the Diversified Ethanol site in Eagle Grove, Iowa on December 21st and 22nd, 2006? A. I do not remember the specific town in Iowa, but I remember the trip from hell. The coldest I've ever been in my entire life. I remember having to land, you know, a hundred -- well, a considerable distance away from our destination and then having to rent a car to drive to that location. I remember my first experience of slipping and sliding in snow and ice. I remember having to change my underwear when I finally got there. Yes, I do remember visiting them. Q. All right. Do you remember that you signed a contract with the folks from Diversified Ethanol on December 22nd, 2006? A. I know that I signed a contract sometime. What that date was or timeframe was, I have no direct recollection. Q. Let me -- let me show you the signature page of a contract dated December 26th, 2006 and purportedly signed by you and one Taylor Moffitt, and ask you: Do you recognize that as your signature? A. Yes, I do. Q. All right. Who prepared that contract? A. I don't know. I don't know if it was Richard Cutler or Rick whatever his name is. THE WITNESS: Let the record show that the document that Mr. Rue has given me, in fact, is not a contract but a memorandum of understanding. Q. (By Mr. Rue) I'm sorry. I stand corrected. It is a memo of understanding. Did you read it before you signed it? A. I don't know. I have no direct memory of the occasion other than almost getting killed in the snow and ice. Q. Would it have been your practice to read contracts before you signed them? A. Mr. Rue, you asked me if I signed this contract. You did not ask me if it was my practice to read a contract before signing it. Q. I asked you -- A. Which question would you like answered? Q. I asked you, did you read this contract? A. And I said I don't remember. I have no direct knowledge -- Q. And now – A. -- or memory of this. Q. Now, my -- my second question, then, is: Was it your practice to read contracts before you signed them? A. It would be my practice to read contracts before I signed them if I had prepared the contract or if the contract had been prepared by anyone other than my counsel or a trusted advisor. Q. All right. At the time, was Kelmer Smith a trusted advisor? A. As much as an engineer could be. Q. All right. Let's look at the front page of the memo of understanding between U.S. Sustainable Energy Corp. and originally New York, Inc., dated December 22nd, 2006. THE WITNESS: Let the record show that Mr. Rue is referring to memo of understanding. The title of the page is memorandum of understanding between -- Q. (By Mr. Rue) Thank you. I stand corrected. A. I would like to make sure we're talking about the same document here. Q. All right. Look at page B -- I mean, paragraph B, statement of mutual benefit and interests, item 2, ONYI acknowledges USSE has exclusive license of John Rivera's patented fertilizer and biofuel technology. Do you see that? A. I see that. Q. Is that statement true? A. As I said, I have no knowledge of this document. After having read this, okay, I would have never signed this because I would never make such a statement. Q. But you just testified that you signed this document. A. I testified that it appears to be my signature adhered to this document. MR. RUE: We've got to go off the record. THE VIDEOGRAPHER: All righty. The time is 3:15 p.m. We're off the record. THE COURT REPORTER: Did you want to read and sign? THE WITNESS: Yes, and I need a copy of the transcript and video. 20 (Deposition concludes at 3:15 p.m.) OCR extract Doc 102 PDF file scribd.com