Corporate Raiders of Las Vegas Launching Campaign to Move Oakland Raiders to Sin City; Fertittas Making Slick Moves to Liquidate Assets for NFL Team Purchase

By: Rich Bergeron

As a passionate NFL fan who happens to also have unique insight into the number one mixed martial arts organization on the planet, I'd like this article serve as a formal warning to the National Football League...

The Fertittas owning the Oakland Raiders or having anything to do with that storied franchise, or any other NFL team with such a solid football history will forever taint your organization. To put it bluntly: the brothers Fertitta are bad news, period.

It is a wonder to me that the Fertitta brothers (now through Red Rock Resorts) can still legally hold and profit off a gaming license in the state of Nevada in light of their own HISTORY. Lorenzo and Frank Fertitta III are not now, and they never will be... real "team" players. Here are three reasons why:

1.) They are always paying themselves first in every business deal they design, and they will do whatever it takes to create vast wealth off of shady and ruthless business practices.

2.) They have a documented history of abusing the bankruptcy courts to benefit themselves off the backs of hundreds of innocent investors.

3.) The Fertitta ownership of the UFC is a prime example of why they would be the worst possible owners of an NFL team the league could even imagine. UFC fighters are often saddled with egregious contracts that are riddled with complicated performance clauses and other nuances that make it very difficult for them to maximize their earning potential.

These slick Vegas casino baron brothers might be making stadium plans after collecting a boatload of liquid assets through their IPO of Station Casinos, but they are far from suitable owners for a major sports franchise in the NFL.

In their case, NFL ought to stand for "No Frank and Lorenzo."

The Oakland Raiders would be a great fit in Las Vegas, don't get me wrong. I'd love to see that city with an official NFL team, and it would generate local and international interest. I lived in Las Vegas for about two years (thanks in part to the Fertittas and their lawyers), and the city needs something like a big NFL stadium to stimulate the local economy and bring a different demographic to the area to enjoy something other than gambling and showgirls.

The main problem here with the proposed move is the movers. There are plenty of other fair players and sports enthusiasts based in Las Vegas who would be better ambassadors for the sport of football. NFL officials, please beware of these evil-minded brothers who wield an iron fist over the sport of mixed martial arts as it is. Even if they divest themselves from their casinos and the UFC, bringing them onboard the big NFL ownership bus means bringing their whole ugly past with them. It sends a bad message to honest people everywhere...nice guys finish last and greed is great.

The prior business moves and absolute disregard for the people they built their fortunes off the backs of is proof enough of the Fertitta brothers being unfit for NFL ownership. If there is any way to prevent any sale of an NFL team to this brotherhood, NFL officials should take that course of action and seek other investors who are unrelated to the Fertittas and their ugly shadow cast by a history of family corruption and financial scheming. The Oakland Raiders may need a figurative Hail Mary to stay alive in the league, but involving the Fertittas in their franchise as financial backers is like inviting the devil himself to be part of the ownership group. The Oakland Raiders can choose from a multitude of "lesser evils" in Sin City to build the franchise on a new frontier.

As an NFL fan who appreciates the growth of the sport amidst so many challenges like the concussion situation and the criminal tendencies exhibited by so many players in the league, I look at Fertitta ownership of an NFL team as a stain on the sport it will never be able to erase. I consider Fertitta ownership of an NFL team to be a crime against the sport itself.

I sincerely hope the National Football League engages in a due dilligence investigation into the past business dealings of the Fertitta Brothers before they hand Lorenzo and Frank the keys to Raiders Kingdom. Their civil litigation history alone is enough to raise plenty of concerns as to their ability to fairly manage such an undertaking without resorting to their familiar MO of scheming and scamming to line their own pockets. The NFL is rife with enough scandal without the shade these two brothers bring to the collective bargaining table.

FROM BELLBOY TO GAMBLING TYCOON: HOW FRANK JUNIOR BUILT THE FERTITTA EMPIRE IN LAS VEGAS

CHAPTER TWO IN A FOUR-PART FERTITTA FAMILY HISTORY

By: Rich Bergeron

CLICK ON THE THUMBNAILS TO SEE FULL SIZE PICTURES

When Frank Fertitta, Jr. came to Las Vegas from Galveston, Texas in 1960, he quickly found work as a bellboy at the Tropicana. Fertitta’s Texas-bred “family” history included decades of successful casino operations in Las Vegas ( see part one of this report) that some experts say was the original model for Vegas. Fertitta—just a 20-something visionary at the time with both smart business sense and shady, underworld connections—fit right into the landscape. Frank’s rise to owning his own casino would only take him 16 years.

Fertitta graduated through the ranks quickly and gained respect from the Kansas City Civella crime family. Fertitta ascended to a position as a blackjack dealer and worked up to management while making friendships with very influential Vegas movers and shakers.

In 1969, Nick Civella was identified by a Senate committee as being a principal member of the Kansas City Crime Family. During a 10-day period in mid-January 1970, the FBI picked up information through listening devices to indict Civella and several others on gambling conspiracy charges involving the recent Super Bowl between Kansas City and Minnesota. The Civellas were caught up in a criminal probe in 1970 after Civella was taped discussing that year’s impending Super Bowl between the Kansas City Chiefs and Minnesota Vikings.

Eventually the Super Bowl tapes would convict Civella of gambling charges, which resulted in a 20-month imprisonment that he began serving in 1977. Though Civella would only do short time and get out early for cancer surgery, the informant who testified to send him to the Big House ended up suffering a far worse fate. Sol Landie was viciously murdered by four black men who first took turns sexually abusing his wife while he was forced to watch. Though he was never convicted for ordering the hit, the Karma for that killing caught up with Civella a few years later when he wound up spending most of the last days of his life behind bars.

In February 1983, Civella, who had been at the federal medical facility in Springfield, was transferred back to Leavenworth so he could be closer to his attorneys. Four days after the transfer he was returned to Springfield for treatment. Federal authorities released him to his family on March 1 and Civella was quickly admitted to the Menorah Medical Center in Kansas City where he died on March 12, 1983.

These were the kinds of associates Frank Fertitta, Jr. would find himself haunted by over the next few decades as he built his "family" interest in Vegas. Still, he and his sons transformed his original stake in “The Casino” in Vegas from virtually nothing into one of the largest gaming empires on the planet. Though he eventually had to cede the control of the business to his sons, his fatherly guidance behind-the-scenes has no doubt helped shape the business through its most tumultuous times.

The following video clips explain a bit about general Vegas history and the evolution of the early “skim.” Though I doubt anyone in Vegas truly believes organized crime no longer exists there, the acceptance and open reign of known Mobsters in Vegas was once accepted and understood as the way things were. People always seemed willing to look the other way when it was convenient and everyone was getting a bonus for it. Over the last few decades as Vegas became a boom town people flocked to in droves, the Mafia influence has been pushed further and further underground. As reporter George Knapp explains in one of these clips, the concern in more recent years is that organized crime’s tendrils have become more sophisticated, much less obvious, and more focused on so-called “clean money.” Ruthless business deals in Vegas now may be metaphorically cut-throat, but they don’t usually involve so much actual murder and mayhem anymore. A look back at the city’s rocky history and corrupt underbelly reveals a great deal about why it seems to stand so hopelessly idle today. Greed kills:






The Las Vegas I recently visited is in a seemingly perpetual state of construction, and ravaged real estate markets there from the boom gone bust have left the area wanting and needing more and more tourist dollars every year just to keep afloat. Call it Karma, call it divine providence, but it certainly appears as if the appeal and allure of “Glitter Gulch” may have run its course with an American population that is finding it harder and harder to generate enough expendable income to make the pilgrimage to Sin City. It is a far cry from the Las Vegas Frank Fertitta, Jr. once knew.

Frank Junior got his big break in 1976 when he bought a place aptly named “The Casino” (quickly re-named Bingo Palace) with a partner, Carl Thomas. The Bingo Palace later became known as Palace Station. Thomas was at that time already the chief executive officer of four casinos owned by the Argent Corporation. The movie “Casino” starring Joe Pesci (playing Tony “The Ant” Spilotro) and Robert Deniro (playing Frank “Lefty” Rosenthal) is one of the best illustrations of the skimming operation Thomas masterminded for the Mafia.

COUNT ROOM VIDEOS:

http://www.youtube.com/watch?v=yjrf6agy1do



http://www.youtube.com/watch?v=u0pnJ75Qrmw



Rosenthal would later report, “Carl [Thomas] introduced me to Frank Fertitta, as ‘my main guy,’ and his right-hand man. Frank became the President of Allen Glick’s Fremont Hotel Casino at the recommendation of Carl Thomas during my temporary absence from the industry while I was awaiting the outcome my appeal versus the Nevada Gaming Commission. When I regained my former position as the CEO of all properties under the “Argent” (Allen R. Glick Enterprises) umbrella, Frank and I became more interactive. Frank had gained a solid reputation as a top-notch casino executive who understood the games with a high degree of professionalism. After several private meetings and close personal observation I too agreed that Frank was well suited to operate the second largest Casino in the downtown area.”

Carl Thomas’ criminal coming out party took place in Chicago in 1963 while Thomas was celebrating at friend Allen Dorfman’s 40th birthday bash. Thomas had already learned the ropes of skimming in his early days at the still-standing Circus Circus Casino in Las Vegas:









Thomas, also a former blackjack dealer like Frank Junior, was the general manager of the Circus Circus when he came to the Dorfman birthday party, and he’d impressed the guest of honor enough to warrant an introduction to another party guest: Kansas City Crime Boss Nick Civella. That connection would pave the way for Thomas to become the ultimate Las Vegas skimming mastermind. He would help reap millions upon millions of illegitimate income for organized crime interests, choking it all out of the desert with expert ease and relying on a “connected” network of loyal associates to get the job done and keep quiet about it.

Carl Thomas brought Frank Fertitta, Jr. in to be general manager of the Argent-owned Fremont. Frank Junior’s gaming career would forever have a dark cloud hanging over it after federal agents finally sniffed out the massive skimming enterprise. However, even before the FBI fully infiltrated Vegas’ best kept secret in the mid-80s, the Allen Glick-run Argent had some sketchy dealings related to a slot machine scam.

Allen R. Glick was what is most often referred to in real estate as a “straw man.” Famous and/or privacy minded folks, and especially criminal folks like Mafioso often resort to having lesser known and more inconspicuous individuals buy their businesses and other property to avoid investigation of their assets or to avoid the prying eyes of the press and/or Papa Razzi. Glick was just one of many in a long line of Mafia straw men who populated Vegas in the pioneering days when the Mafia’s Teamster connections gave the country’s organized crime families a virtual monopoly in town.

According to Glick, he was told by Civella after getting the Teamster loan that gave him his Vegas start, "Cling to every word I say … if it would be my choice, you wouldn’t leave this room alive. You owe us $1.2 million. I want that paid. In addition, we own part of your corporation, and you are to do nothing to interfere with it … We will let Mr. Rosenthal continue with the casinos, and you are not to interfere."

Thomas had much more sinister partners than Frank Fertitta, Jr. during the Argent days, and they’d already managed to get themselves black booked in town as charter members of the infamous list of Vegas outcasts. Thomas, Rosenthal and Glick were subordinate to Giuseppe Nicoli "Mr. Nick" Civella and Carl "the Cork" Civella, brothers and bosses of the La Cosa Nostra chapter in Kansas City at the time. After the Texas boom busted for the Fertitta family, Kansas City quickly became Grand Central for Vegas Mafia interests. The key was the Teamster loans Mafioso so easily influenced. Moe Dalitz got one to build Vegas' first ever Casino: The Desert Inn, but that was back in the heady Maceo era, and Sam Maceo himself reportedly pulled all the right Strings to get Dalitz his first Vegas loans.

The Fertitta and Thomas partnership was later detailed by Nicholas Pileggi, who authored the book “Casino.” The movie of the same name is based on Pileggi's book. Here is an excerpt from the book regarding a Nov. 28, 1978 FBI recording in which Frank Junior’s name surfaced in relation to his role in the skim:

“Carl Thomas: ... Me and Frank (Fertitta) and (Don) Shepard and my bookkeeper, my comptroller, who is one thousand percent, they're with me for fifteen years, have sat around in my kitchen thinking. For six hours, thinking of ways to beat these joints `cause (I or I'd) like to take money out of them. ...”

Federal agents launched operations called Strawman I and Strawman II to attack organized crime interests in Vegas in the late 70s and early 80s and figured out that Thomas, the Civellas and others conspired to conduct the skim at all the Argent casinos for the benefit of several Mafia families. A dozen associates were eventually convicted in Kansas City in a 1985 trial that resulted from the federal probes. Thomas—already stewing in jail on a 15-year sentence for a skimming conviction—gave up the ghost. He testified against his former partners in return for immunity from prosecution and somehow miraculously avoided the same agonizing fate of Sol Landie.

Thomas never did implicate Frank Fertitta. Instead, Frank bought out Carl’s interest in the Bingo Palace when the skimming charges first surfaced. The asking price was more fitting for a bid on The Price is Right game show than it was for an established Vegas Casino. Legend has it that Frank Junior acquired full ownership and control over the Bingo Palace for just one dollar.

Fertitta has consistently denied any involvement, and he never was indicted or charged in the Argent skimming. He would not fully shake the charges against him in his adopted home state until 1989 when he was cleared in a Nevada Gaming Control Board probe. The investigation centered on whether or not Frank Junior lied about his role in the Argent skimming when he received his Nevada gaming license. To nab him, the board would have to rely on damning testimony from one of Carl Thomas’ former skimming security agents: Harry McBride.

Cold feet fueled by fears that his account of the skimming days would never trump Fertitta’s political connections in Nevada led McBride to tank his own testimony before the Gaming Control Board. McBride previously testified in court that he ran counter-surveillance against law enforcement for Thomas at the Argent properties. McBride had already detailed under oath how “Frank” ran the skimming operation in the Fremont Casino’s count room, yet it was apparently not enough for Nevada gaming officials to act on without McBride actually appearing before the commission and telling his full story. The four-year probe by the commission ended with a 2-1 decision to take no action taken against Frank Junior.

Frank Fertitta, Jr. was recorded in a 1979 FBI wiretap as part of the Strawman probes as he spoke with Carl Thomas and Tropicana Hotel Manager Don Shepard about one particular scheme to alter the weighing of the take to facilitate more skimming. Casino managers altered the scales so they read only a third of the actual weight of the coins. Even with what seem like extremely incriminating statements made on tape and McBride’s on-the-record court testimony about Frank’s part in the skim, Fertitta somehow escaped indictment:

FBI Wiretap of the Bingo Palace Casino, Las Vegas, Nev. Feb 7, 1979.
9.00pm outgoing call:

Frank Fertitta Jr, Carl Thomas voices heard, inaudible conversation takes place between them as the number 9739-2222 is dialed from The Bingo Palace.

FEMALE OPERATOR: Tropicana
FERTITTA: Don Shepard, please (casino manager)
FERTITTA: Hello Shep.
SHEPARD: Yeah.
FERTITTA: Frank.
SHEPARD: What are you doing?
FERTITTA: I’m sitting here having a glass of wine with Mr. Thomas.
SHEPARD: Oh, good.
FERTITTA: He’s telling me how smart he is and, I’m sitting here listening to him like an idiot.
SHEPARD: Yeah.
FERTITTA: Yeah.
SHEPARD: If you need anybody to tell you how dumb you are come on over, I’m pretty good at that.
FERTITTA: (Laugh)
SHEPARD: Ah, this, listen this conversation isn’t being recorded is it?
FERTITTA: I, I really couldn’t tell ya.
SHEPARD: Yeah. Ask, ask, a ask Carl if anybody’s going to go boogie-ing tonight. I’m ready to boogie, do a little YMCA number.
FERTITTA: You’re ready?
SHEPARD: Oh, yeah, shit, yeah.
FERTITTA: Jesus Christ, I don’t believe this.
SHEPARD: I’m just sitting here, my legs are twitching. I can hardly wait to dance.
FERTITTA: We, were just talking about going out of town or something.
SHEPARD: Oh, yeah, well actually I should go out of town to dance.
INTERUPTION OF RECORDING
SHEPARD: Did you see me?
FERTITTA: I didn’t see you.
SHEPARD: Oh?
FERTITTA: No.
SHEPARD: A quarter of it whatever.
FERTITTA: Right, so if these coins cost us say $20,000, we got $150,000 on, you know, we’re going to have like $130,000 in excess cash.
SHEPARD: Yeah.
FERTITTA: You know.
SHEPARD: Yeah. We don’t have that problem over here.
FERTITTA: Well, yea, you…well I don’t mean excess cash, but I mean more cash than they have so, I don’t think its funny here.
SHEPARD: We’ve got. I’ve got about like $80,000 stock piled.
FERTITTA: Yeah.
SHEPARD: You know or something, we, we haven’t felt any crunch or anything I was just curious if you’re, you know.
FERTITTA: Well we had $50,000 see, but I didn’t want to make the change over here until we got them all cause $50,000 wouldn’t, you know, we couldn’t make the change with 50, so, ah, we need like 150.
SHEPARD: When are you going to switch your tokens?
FERTITTA: As soon as I get them all.
SHEPARD: Yeah.
FERTITTA: I’ll switch in fact I think we’re supposed to have them all. Oh, Jimmy gave me a date today, but I’ve forgot what it was. Ah, now maybe next week or something, then I’ll probably just go ahead and switch over.
SHEPARD: Okay, well listen I’ll talk to you.
FERTITTA: OK

Fertitta’s good fortune would not last, and the skimming suspicions would resurface later on. Yet, with the statute of limitations up on potential criminal charges and the 4-year gaming control board probe dead in the water Frank Junior was free to begin setting the stage for the Fertitta Family empire in Vegas. By then, the old Bingo Palace had made its transformation into Palace Station and Frank Junior hired son Frank Fertitta III to be the General Manager in 1985.

Both of Frank Junior’s sons were well educated and groomed to operate successful businesses from a very young age. Dinner table conversation often revolved around business in their younger days, and the brothers proved to be excellent students who heeded their father’s lessons. They had plenty of business to discuss as the 80s saw 13 expansion projects for the original Fertitta property.

Frank Fertitta III and Lorenzo Fertitta would not completely take over the reigns of the family casino business until 1993 when Frank Junior officially retired, relegating himself to more of an observer and advisor role and elevating Frank III to the official owner title. Looking back, it seems to have been more of a symbolic move on the elder Fertitta’s part designed to appease the Nevada Gaming Control Board. A 90s boom period under the official supervision of the sons saw 8 different casino interests added to the Vegas family empire between 1994 and 2001. That same kind of acquisition rate might have been impossible as long as Frank Jr.’s past could be brought up to shed a bad light on future gaming license applications.

It appears that a 1992 foray for the family into Missouri may have been what finally forced the father’s hand to sign Station Casinos over to his son Frank III. State gaming regulators swooped in and demanded answers to the skimming allegations against the father, and the Fertitta family would find almost nothing but misery in Missouri until an old associate’s untimely death in late 1993 cleared the way for their casinos to come to town.

Frank Junior’s influence and his intricate history of Mob ties have remained hidden and unexplored of late. Maybe because of the new “clean money” mantra the sons maintain in the public eye today. Maybe because not enough people care to look deep enough or far enough back to understand it all. Whatever the reason, by shedding the weight of their father’s tainted reputation and scratching his name from the company’s deeds, the sons blazed a new era that eventually landed the brothers on the Forbes 500 list.

PART THREE OF THIS SERIES: “7 Years of Bad Luck” chronicles the Fertitta Family’s unsuccessful attempts to branch out and solidify casino interests in Missouri.

Xyience Temporarily Taps Out

XYIENCE FILES FOR BANKRUPTCY

By: Rich Bergeron


Over a month before it became official, Fight News Unlimited reported that bankruptcy was imminent for Xyience. Our article entitled THE ENRON OF MMA exposed some of the reasons why the company is in such dire straits, but the Las Vegas Review Journal dug a little deeper this week and examined the actual voluntary bankruptcy filing Xyience went forward with last Friday.

The official filing comes after an involuntary bankruptcy petition was filed on behalf of several investors tied into a lawsuit against the current Xyience regime. The petition, filed January 3rd, calls into question the Fertitta Enterprises loan and would essentially block any attempted foreclosure by the current controlling interests, and place all the assets under the court's discretion until the fight over the company is finally decided. Zyen, LLC, the company designed by Fertitta Enterprises to handle the $12,000,000 loan given to Xyience last year, filed a NOTICE OF STRICT FORECLOSURE late last year that allowed for only a 90 day window for investors to mount a fight for the company.

The LVRJ Xyience Bankruptcy article, now being circulated across the on-line MMA news landscape, dropped some major bombshells. Yet, there were some major inconsistencies that went to press in the piece, and the overall tone was extremely favorable to the current regime that is attempting to lock out hundreds of the company's initial investors.

One of the most outrageous misrepresentations of the facts reported include the following passage in the article:

"Sattar said the bankruptcy became necessary when the company was unable to raise $7.5 million more from shareholders."

This quote, coming from the lips of the company's newly-crowned president Omer Sattar, is a blatant misrepresentation of the actual situation that gave rise to the bankruptcy. Before Fertitta Enterprises provided loan capital to Xyience, a letter went out by email to a large group of shareholders telling them that if the deal was not ratified the company would go bankrupt. Once the deal was approved by less than half the shareholders, much of the Fertitta investment went right back into a hefty three-year sponsorship extension with the UFC and also helped to pay off past due sponsorship fees of approximately $6.5 million. According to the Las Vegas Review Journal the Fertittas put almost $18 million in total capital into Xyience, and a hefty chunk of that money came out of one pocket only to go right back into another, since the Fertittas are 90% owners of the UFC. Essentially, Xyience would have had double what they needed to stay in operation if they opted not to be a UFC sponsor this year to the tune of $15 million. Even with the extension in place the latest UFC sponsor (Harley Davidson) bumped Xyience from the center of the mat, and now it appears the company paid an absolutely ridiculous price to have their name on a couple cornerpads of the octagon.

The Las Vegas Review Journal is either guilty of extreme bias or sloppy reporting. Don't expect any follow up stories to question any move the Fertittas make. First of all, the Las Vegas Review Journal is partnered with The Las Vegas Sun, which is owned by the Greenspun Family. The Fertittas' Station Casinos partnered with the Greenspun Family on some notable casino developments. Aliante Station and Green Valley Ranch are both joint operations put together by these two major Vegas movers and shakers.

The Las Vegas Review Journal appears to be providing aid and comfort to their business partners in their latest struggle to save face on Xyience. The LVRJ even quoted Sattar's claims of death threats issued to Xyience officials without even contacting either of the men who reportedly made those threats in order to get a response. Ric Klingenberg was accused of making the threats along with his brother David Bergstrom. The dispute arose over a payment owed to Klingenberg's elderly mother, and both brothers were reportedly given the run around while trying to secure a check for $20,000. Reached by phone recently, Klingenberg categorically denied the description of the events Sattar presented in the voluntary bankruptcy filings.

"I went to that office, that part's true, but we didn't storm in there," said Klingenberg. "And we didn't threaten anybody's lives. We did go in and close the door, because, isn't that what you do when you have a meeting?" Klingenberg said Xyience CFO Michael Levy promised him his mother would get paid when the Fertitta Enterprises loan came through. He also said he left Levy a phone message telling him when he would be there to collect the check. Levy reportedly told Klingenberg his mother "was going to have a Merry Christmas" in late December.

"Voices were raised, and everyone was talking at once," said Klingenberg. "We were told to go find Adam Frank, because he was the only one who could authorize a check." He was later told he'd need to get an attorney in order to collect the funds.

Klingenberg also claims that Sattar lied as far as the bankruptcy. "They didn't file bankruptcy, we did," he said. Klingenberg's family trust is the main plaintiff in the investor suit under which the involuntary bankruptcy petition was filed. He explained that the company's hand was forced by their initial filing.

In the aftermath of the bankruptcy announcement, it now appears the bad press and the legal battles mounting have forced the company to now explore the possibility of selling the whole operation. A follow up article in the LVRJ reports that financing has been approved to help position the company for a sale even while the legal battles for control of Xyience rage on.

The Fertittas have not provided any published comment on their tactics regarding Xyience, leaving President Omer Sattar to provide the company's perspective to the public. Sattar is part of a group that came in to run Xyience from a company called Global Cash Access. Questions surrounding insider trading charges and a late filing of GCA's third-quarter report for 2007 followed the departure of the GCA contingent that is now operating Xyience. GCA's stock plummeted in November of 2007 and has yet to completely recover. Station Casinos was one of GCA's largest accounts, so it appears that the partnership between former GCA employees and Fertitta Enterprises stems from that initial connection.

Although the UFC continues to operate as the top dog in the Mixed Martial Arts industry, this latest debacle with Xyience and some other recent developments point to a rocky future for the pioneers of the sport. While other leagues are constantly looking for ways to co-promote major events, the UFC continues to refuse to even acknowledge that any other league competes with them. Their lawsuit against Randy Couture is also looming as a large distraction. On top of that, Tito Ortiz is planning to leave the organization after his next fight according to mmapayout.com. While Ortiz has never been one to hold his tongue about his frustrations with Dana White, he has also never been as popular as he is now with MMA fans. As the boyfriend of Pornstar Jenna Jameson and a contestant on the celebrity edition of the Apprentice, Ortiz is at the height of his fame right now. Wherever he goes from here, that league is sure to benefit from his star status while other UFC fighters will take note and might decide to follow his lead when their own contracts run out.

The UFC seems to be having enough growing pains without their principal owners getting heavily involved in a company with such a horrible reputation. Much of the mainstream MMA press reporting on this story of Xyience going bankrupt have just now started asking questions about what's really going on. The question on everyone's mind seems to be: "Why would the Fertittas want to buy into their own sponsor?" We're talking about a huge , profit-driven company here. Fertitta Enterprises is not the kind of outfit you'd expect to touch Xyience with a ten-foot pole. Yet, here they are up to their necks in debt and tied in to the point where they seem to be more willing to cut their losses than actually rebuild the brand. So, what's the motive. Well, you simply have to go back in time a bit to find the answer. We put together an in-depth report over a month ago that outlined how this day would come.

The truth is, the Fertittas never intended to restore the dignity of the company and save the day for the shareholders who built Xyience. If that was their plan, they'd be front and center in the press talking about it. Instead, they're hiding behind straws put in place to act as the fall guys. If they really wanted to clean the slate and keep the company in full operation, they would have tried to secure more financing a long time ago. They would have put the company first. Instead, they immediately signed a contract extension with the UFC as soon as they put their money in. The whole thing just stinks.

This whole bankruptcy fiasco has nothing to do with not having the money to prevent it. If they don't have it, they can certainly get it. The real reason they decided to file bankruptcy is so they can lock out an estimated 380 shareholders who built and sustained this brand even while fraud and corruption were tearing the company apart from within. Just when these folks were told their payday was on the horizon and there could be an IPO as early as this month, these investors are now forced to reclaim their interest in the company through litigation that could last years. Some of them have lost their life savings.

I have run into a lot of MMA fans who read my stories and other stories about Xyience's issues and ask, "Who cares?" They wonder why it's a story at all and who's the victim. The Enron, Tyco, and Worldcom scandals have tempered the American public to such an extent that we seem to expect this kind of back room underhandedness and duplicity. In one case I found a thread where one fan actually praised the Fertittas for the way they rigged their own loan by investing in Xyience.

Yet, there is so much about this story that people should care about. Let's just go back in time again to when Xyience was at the height of its popularity. All kinds of fighters were raking in big sponsorships. GNC agreed to take on a wide array of Xyience products. The Xyience commercials were a viral video hit because of the sexy models drinking Xenergy in them. Hundreds of investors had the feeling that they could depend on this thing becoming really big. Xyience was a big ticket sponsor at a time when fighters were getting paid chump change compared to boxers. Most fighters are still reliant on sponsors, and they will be until the sport gets sanctioned in more states and becomes more of a mainstream draw. In the wake of this huge scandal that now enters Chapter 11 (pun intended), it's clear there's no other sponsor that's going to equal what Xyience was doing in the beginning. Harley Davidson is not out sponsoring all kinds of fighters. You won't find the Lumber Liquidators logo on any fighter's shorts.

The bottom line is a lot of people got screwed so the Fertittas and Dana White could get themselves a fat dividend check. They laid waste to PRIDE first, and now they're focused on Xyience. Every step of the way they've lied to the public about what they were going to do. They said they were going to keep PRIDE going only to let it completely dissolve with no hope for ressurection. Investors in Xyience were told that the Fertitta deal was the only option and they had to do the deal or watch the company go bankrupt. They did the deal, and the company is still going bankrupt. The Xyience mouthpieces working on behalf of the Fertittas said they were going to reorganize Xyience and keep the brand going only to now come out and announce plans to sell it. It's sad that some people out there are willing to chalk all that up as good business sense.

In the end UFC fighters continue to get paid a fraction of what they should for the risks they take. Some great organizations rose and fell because of greed. Honest investors were shafted because the rich wanted to get richer. And we wonder why the economy is in shambles. Look around. People constantly get away with this kind of shady behavior simply because so many of us shrug our shoulders and say, "Who cares?"

As for who's the victim here, it's anybody and everybody who thinks there's nothing wrong with this picture. It's all the folks who choose to look the other way because great fights are still getting made. It's all the legions of brainwashed sheep who refuse to open their minds to the possibility that they're being lied to. It's all the screwed investors and all the fighters being used while their bosses are raking in all the big money. If this kind of behavior is allowed to go on unchecked, everyone loses.