Xtreme, Xplosive, Xtensive New Developments

By: Rich Bergeron

The X-pense report is going to be huge on this one. Lawyers will be crawling all over the Matrix. The situation at Xyience is becoming more concerning lately. The Usual Suspects are spawning new usual suspects. The con is cloning itself. I have more ins than ever.

I'm doing some digging and coming up with nuggets of gold. I'm freaking out upper management with my bold approach to fact finding, but the truth is an incredible thing. The more they crack down, the larger the cloak of secrecy over future communications becomes. The best information comes by way of secret transmission.

Lawyers come and lawyers go. Maybe a case of theirs lives on if they're lucky. Storytellers and writers always live forever, though, as soon as their work goes to print. The muck is thick, and it must be raked from time to time. I try to rake with as much tact as possible, intermingled with as much independence as the law allows me to exercise. If history repeats itself, I'll have to rake a lot more. It's what I do. Stay Tuned!

STATION CASINOS, FERTITTA ENTERPRISES, KIRK SANFORD AND A BUNCH OF ZEROES

By: Rich Bergeron

It's been a while, but I created this nice new blog and wanted to formally update the Xyience saga. Right now there has been no action in my own legal matters in the adversary case in more than 6 months. I'm preparing a few filings of my own to change that.

Meanwhile, I've been reading up on what's going around about all the old "Usual Suspects." While the UFC is seemingly still doing smashingly well, Station Casinos is facing resistance from all fronts. Whether it is the culinary union with a bone to pick (pun intended) or the company's major creditors, adversaries and critics are popping up everywhere to claim the casino chain is being shady. Just check out a few of these links if you don't believe me:

NATIONAL LABOR RELATIONS BOARD COMPLAINT AGAINST STATION CASINOS AND OTHER FILES
Station Casinos bondholders renew interest in suing over deal
Propco/Opco: Playing With the House’s Money?
Bankrupt Casino Goes On With Fireworks as Usual

This is just a small sampling of what I've been reading out there about Station Casinos and the "stalking horse bidder" ploy the Fertittas will use to get the best out of this deal at auction, just like they did for Xyience.

Consider this: When Xyience went bankrupt there was a stalking horse bidder for that company, too. What was that company's name???

GOOD THING THE INTERNET REMINDED ME IT WAS MANCHESTER CONSOLIDATED CORP, WHO "bought" THE COMPANY FOR $15 MILLION.

Over the course of the bankruptcy there were a lot of name changes. The company that was the chief lienholder of Xyience going into the BK process was a company dubbed Zyen, LLC when Fertitta Enterprises General Manager Bill Bullard signed the paperwork in 2007. When Manchester walked into the picture, the name became MANZEN. Then it appears Manchester's backers defaulted on the purchase, so it looks as if Fertitta Enterprises, through Zyen, LLC outright owns the company now. Check out these listings from the Nevada corporate entity search engine:

http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=2ryhJA1g38vr4wHvjZ4vJA%253d%253d&nt7=0

http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=N2lDhJztZVB8V0F%252bccSz1w%253d%253d&nt7=0

Gordon and Silver is Gregory Garman's firm. Garman (image below) is the main attorney in my case for Fertitta Enterprises:



"Manzen" only has one manager now: Zyen

And who manages Zyen? BILL BULLARD AND FERTITTA ENTERPRISES:

http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=w2mQRKtvYIQG5%252bRhxnaqMA%253d%253d

Meanwhile, Xyience is accordingly in "default."

http://nvsos.gov/sosentitysearch/CorpDetails.aspx?lx8nvq=n5MCm0RnmZ2bAWvCkO5bRg%253d%253d

What now looks obvious on paper should have been so obvious from the beginning when I was trying to warn of the conflict of interest involved in the Fertittas owning Xyience. I tried to stop the bankruptcy process before it got too far underway, but at that point I had too little legal experience. Still, my Motion to Suspend the Bankruptcy is true Nostradamus-quality stuff looking back now and comparing it to a more experienced legal mind's take on things.

The Fertittas always hid behind a smaller, more obscure company to do their dirty work with Xyience, but now it's clear who owns everything. The fog is clearing, and the fraud will be exposed in the long run.

Yet, without a few key players like Adam Frank and Kirk Sanford, the Fertittas and their GM William Bullard would not have been able to take control of things in Xyience's darkest hour. Adam Frank signed the bogus declaration that got the whole complaint against me started in Nevada. Frank and Sanford met with me in NYC prior to UFC 78 in Newark, NJ. This was after we had this conversation:

CLICK HERE TO LISTEN TO XYIENCE Co-CEOS ADAM FRANK AND KIRK SANFORD TELL RICH HIS WEB-SITE IS A GREAT RESOURCE ON XYIENCE

Sanford and Frank both pulled off crucial moves that helped sink any hopes the shareholders had of retaining any interest in the company after the Fertittas put their cash in. Frank seemed fully aware of the "Scorched Earth" policy advocated by Sanford and discussed at length during our meeting in Times Square back in November of 2008. Someone on the inside at Xyience found out about my meeting and sent me series of emails that broke the case wide open for me, detailing how plans were made to destroy the company piece by piece. I was bombarded with emails warning me about Frank and Sanford's master plan when I got back from the UFC trip. These dispatches had plenty of facts and insider information exposing the ongoing fraud. Tracing the motives of the main parties who perpetrated it all became much easier over the next few months.

Eventually Kirk Sanford's troubles at his former company, Global Cash Access, would become public knowledge when the Arizona authorities issued a scathing report about the company's troubled past with "mis-coding" issues related to credit card transactions and commissions owed to casinos that were never paid. So, it seems Sanford and his friends were bringing too much heat. Those still close to Sanford that still remained had to be ousted.

Then, Sanford set out to create a new GCA called "Sightline Payments." Here's an interesting advertising post for the company: Sightline Payments: Bunch of Zeros.

Well, I know they've got at least one zero, and his name is Kirk Sanford. He is a slick scam artist who is pegged accurately in circulating complaints about his character outside of the Arizona report. He even went as far as acting like an outsider looking in on the fraud parade he was the grandmaster of at GCA. He actually turned around and filed a ridiculous multi-million dollar lawsuit against his former employer. He claimed GCA's promise not to do business with Sanford and his friends was done as a deliberate attempt to smear his name so as to hinder him from developing a competing company. As if Sightline was going to sprout up overnight into a multi-billion dollar conglomerate? What dream world is Kirk Sanford living in, or what drugs is this guy on?

Kirk Sanford and his crooked track record would have been exposed one way or another, and GCA's willingness to distance themselves from him wasn't the only nail in the coffin. There's a thing called Google you might not be aware of, Kirk. Do a simple search for Kirk Sanford on any search engine. How far do you have to go to find links to his whole fraudulent history? And that's not even giving any creedence to the gossip saying he's a drunk to boot. I suppose you have to drink a great deal of alcohol to be so completely dishonest and deceptive to such good people.

The depth of that kind of conniving is really astounding to me. It's been such a long and painful process to prove everything, but it's all there now in the public eye. Yet, still, people like Kirk Sanford are able to go on and do business like nothing ever happened. Fertitta Enterprises is able to waltz right in and take control of Xyience, the company that sponsors their cash cow: THE UFC. They're able to claim bankruptcy even though the family itself is worth billions. The Fertittas are meanwhile still flying on their private jets, enjoying their lavish lifestyle, and filling up their deep pockets any way they can. The Fertittas found a way to cash in on bankruptcy with Xyience, and now it's obvious that they are trying to duplicate that whole process with Station Casinos.

When will justice be done? What will it take for a wise judge to step up and say enough is enough with this scam after scam mentality? How many people have to be hurt in the long run before the corruption stops?

When the wheels are greased, they don't squeak. Something tells me the Fertittas can be true bastards all their lives. They get a free pass to never be held accountable for their ruthless business practices. Just the mantra of their mob association and lineage is usually enough to keep them safe from getting truly busted. Nothing will get in their way, and they will envision and execute larger schemes that screw more people. It's inevitable that greed and power corrupts, and this is one brotherhood that is built on greed.

Perhaps the only saving grace in the long run will come when some of their fortune has to be handed back over to the victims they swindled to get it. The 18th of July, 2010 marks the 3rd anniversary of the initial filing of Xyience's $25 million defamation suit against me. I've done a lot since then to fight back and fight for the shareholders who lost family trust funds, college funds for their kids, and retirement income they needed to stay afloat. I've done my best to keep telling the story and keep fighting the legal fight no matter what. It's been a while, and I've had a bit of a break from it all, but now I'm back, and I'm not letting up until the job is done on all fronts.

Putting the Xyience Story To Bed & Waiting For The Ultimate Judgment Day

By: Rich Bergeron

It is so hard to even imagine the day when the Xyience sage will really be over for me. Back when all this began I had a feeling it might be the kind of story that could define my career someday. It’s been nearly two-and-a-half years since the lawsuit paperwork reached my inbox. The court battles have been contentious and frustrating for the most part, but certain points were strangely fun.

I enjoyed more than anything the opportunity to call out the opposing lawyers along the way who always tried to back me into a corner with technicalities. None of them bothered to gather any substance or concrete evidence. They attacked me with lies upon lies, a foundation of falsehoods for a case that never had merit on their part. They defended their own subversive and manipulative behavior to hide the truth and decried my methods of revealing it.

For me, rather than reflecting negatively on all the days I’ve had to spend crafting motions and doing legal research or trying to calculate the total wasted hours, I look at my accomplishments by the numbers:

I’ve managed to keep this case moving through the system through 3 different judges before Bankruptcy Judge Mike Nakagawa took the matter over.

Judge Timothy Williams, the gentleman endorsed by Station Casinos for his campaign for the bench, was the first obstacle. Judge Williams signed the existing, un-enforced bogus injunction secured by the first lawyer on the case: Jamie Cogburn. By the time I appeared to argue against the application of a default judgment, Williams had warmed up to me a bit for at least trying to be a lawyer with all my might.

Click Here to read the throwback report on that first success before Williams that I argued a bit too hard for (recording included) but got anyway.

Williams eventually stepped down due to some coincidental connection to one of the law firms involved once Jamie Cogburn quit the case with an outstanding bill. The case spent a brief period under the guidance of two other Clark County, Nevada judges before being transferred to bankruptcy court and Nakagawa.

Four law firms couldn’t shut me down through the worst of conditions with all the odds against me.

Cogburn’s took a crack at the case and failed first. He famously offered to settle with me for “a box of sodas” and “a thousand dollars” when he was the one who first filed the case against me. It was yet another small victory knowing Xyience left him a huge unpaid balance.

Then Pamela Lawson of Hunterton and Associates took on Xyience as a client without even knowing how to pronounce the company’s name. She was easy to make fun of, and not just for me.

Fennemore Craig’s legal team of Laurel Davis and Jon Pearson never really lifted a finger to further their case, playing the defensive role through their whole involvement. Most of their hard work was done by the Fertitta Enterprises team fighting my counterclaim as a co-defendant of Xyience’s. The Fertittas had Gordon and Silver’s Greg Garman and Matthew Zirzow doing their dirty work, and these attorneys took some of my worst verbal barbs in writing and in spoken word at the bankruptcy hearings. I called Garman a clown twisting balloon animals for the court and hoping to amuse the judge at one hearing. I called his clients at Fertitta Enterprises thugs in business suits and corporate crooks.

The fifth firm is the liquidation trustee, and there no longer appears to be a need to fight these first legal minds outside of Nevada to handle the estate’s litigation streams. These folks are finally on my side and ready to put this long story in the proper perspective by concentrating all our combined legal efforts on the main culprits. They are already pursuing some of the same bad apples I’m after.

I’ve handled these legal matters in both local and federal court systems, all the while living thousands of miles from the venue. I’ve been flown to New York by my adversaries and to Las Vegas by some Xyience shareholders. I’ve been offered as much as $5,000 to walk away. I’ve spent about that much through the course of the litigation on associated costs, but never for any paid legal advice.

I even wound up taking on a fifth judge (judgegod.com) and a sixth law firm (www.lewis-kappessucks.com) in Indianapolis due to an unrelated book project involving a plastic surgeon’s most outspoken online critic. I started www.suckssite.com as a resource to all those Americans out there in need of an effective outlet to gripe about the things that irk them the most.

I’m hoping the days ahead might afford me the opportunity to stop being a lawyer and start being a writer again. More than the prospect of spending any settlement money on my formal law school training, what really intrigues me is using the funds to travel to appropriate research points for an all-inclusive book project.

The Ultimate Judgment will eventually come down against the Fertitta Enterprises crew and all the other individuals and entities involved in bankrupting and using Xyience to further their own needs. I’ll be involved with the trustee’s office every step of the way, but in a limited role so I’ll have time to write the story. A few more reports here will take us to the end of this whole saga’s Online life. From there the Xyience tale will grow to new heights as the only written expose to fully reveal the Fertittas for the true scumbags they are.

Stay tuned in the coming days as a new report is coming soon about some other "Usual Suspects" who moved onto other scams after bilking Xyience. I'll explore one of the trustee's other complaints and the defendants in that claim.