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!
Showing posts with label fired from UFC. Show all posts
Showing posts with label fired from UFC. Show all posts
Saturday, January 29, 2011
Sunday, July 11, 2010
Xyience, Inc. Liquidation Trustee Files Complaint Against Fertitta Enterprises And Former Company Executives
Latest Xyience Case Update
By: Rich Bergeron
The Usual Suspects, including all the characters pictured below and Fertitta Enterprises GM William Bullard, are implicated in a new civil suit. The case, filed by the Xyience Bankruptcy Liquidation Trustee David Herzog Tuesday, is finally unearthing the scandal I've been reporting on here on this site for more than two years now. The complaint is very thorough, but I've created a CONDENSED VERSION HERE.
The characters and circumstances involved are nothing new to me, but the vindication of my own complaints is new. This is the official legal representative of Xyience finally picking up the story line I've been laying down for over two and a half years now. The judge in my own case will no doubt be more willing now to admit my case is substantially sound and worthy of a second examination. Read the complaint for yourself and take the time to look back at all my reports here, and you'll see they name all the individuals I've been complaining about on this site for years. Here is the full version of the complaint:
Xyience Liquidation Trustee Complaint -
By: Rich Bergeron
The Usual Suspects, including all the characters pictured below and Fertitta Enterprises GM William Bullard, are implicated in a new civil suit. The case, filed by the Xyience Bankruptcy Liquidation Trustee David Herzog Tuesday, is finally unearthing the scandal I've been reporting on here on this site for more than two years now. The complaint is very thorough, but I've created a CONDENSED VERSION HERE.
The characters and circumstances involved are nothing new to me, but the vindication of my own complaints is new. This is the official legal representative of Xyience finally picking up the story line I've been laying down for over two and a half years now. The judge in my own case will no doubt be more willing now to admit my case is substantially sound and worthy of a second examination. Read the complaint for yourself and take the time to look back at all my reports here, and you'll see they name all the individuals I've been complaining about on this site for years. Here is the full version of the complaint:
Xyience Liquidation Trustee Complaint -
LEAVING LAS VEGAS
THE XYIENCE SAGA CONTINUES
By: Rich Bergeron
From my window-seat vantage point on my under-booked flight back to Boston from Sunny Vegas last Tuesday morning, I counted 15 towering cranes in the skyline of the famous strip. As the economy sours, so too do the big crowds and floods of tourists once willing and able to come and dump a bunch of cash on a whim. Now they do more than bat an eye before they settle in and spend. They look for the deals and discounts casinos throw out to get people in the door, and they scrimp and they save unless it’s on the house.
The Las Vegas I witnessed is a dust bowl of desperately overbuilt dreams facing the hard reality of a looming near-depression economy. The novelty wore off for me after my first walk through the endless lavish hallways of the Bellagio hotel (see the outdoor fountain display above). What was I doing, I asked myself, as if the Alice in Wonderland feeling of my visit had finally sunk in. I wasn’t a high roller or a big spender. I was lost trying to comprehend what the grand purpose of such an overbuilt palace of business could really be. I mean, what good is all that waste of money and energy doing society? I don’t know. I don’t want to be a party pooper or anything, but I didn’t feel the magic. Maybe I should have gone to Circus Circus for that.
My visit enlightened me in so many ways to the real breadth of the problems ahead. Where we go from here, why we go there, and who we take with us are important questions moving forward. We are at a precipice where it is do or die, work as a cohesive unit moving forward or break down by infighting. The shareholders are angry, and they should be.
It appears now that Fertitta Enterprises is suffering in more ways than one with the covenants of another loan of theirs in danger of defaulting on a violation of the covenants. SURPRISE!!! SURPRISE!!! Who knew the Fertittas were capable of breaching covenants?
Upon doing some more intimate research into the history of the Fertitta brothers’ aggressive and unprecedented land grab campaigns it’s no surprised that they’ve over leveraged themselves in a market steadily losing more and more value. Their brilliant idea was to take the gambling away from the evil eyes of the strip and bring it deep into the suburbs. Red Rock Casino, Alliante Station, Palace Station, and even a $10 billion dollar vision for a super casino were all groomed to draw people away from the traditional city center with names people knew and were already tired of. The Fertittas knew the people willing to spend the most money had to have the most money. They’d want the spas and the privacy and the intimacy of an out of the way resort. An off the beaten path destination. The problem is, like prescription drugs, the problems of this bad economy have reached the suburbs, too. Everybody hurts.
www.xyiencesucks.com is now on the verge of beginning a major campaign to get the word out about the true story behind what I call “The Enron of MMA.” It’s an awful scandal perpetrated by folks who aren’t afraid to spend hundreds of millions a year on their own family’s wild, carefree lifestyle. I am building a new and improved, full force, balls to the wall legal argument that will surprise all the lawyers who have to wade through it and find out how their clients are culpable. I’ll have volumes of documented support and affidavits up the wazoo.
I’ve also obtained a copy of one of the latest and greatest hearings in this whole saga, the show cause hearing from September 10, 2008:
OFFICIAL SEPTEMBER 10th COURT RECORDING
All in all, I am glad I am at this point in the process armed with the knowledge I need and in the position to really shake things up and promote accountability on multiple levels. The perpetrators will be singled out and appropriately dealt with as long as I can lay out the evidence properly and completely. It’s just a matter of time. The finish line is in sight, and the tables are turning.
Stay Tuned!!!!!!!!!!
UFC STARTING TO RESEMBLE SURVIVOR: MORE FIGHTERS VOTED OFF THE ISLAND
By: Rich Bergeron
Although the UFC maintains it is slimming down their roster to "assure fighters can be scheduled more frequently and to avoid long layoffs between fights" the recent torch snuffing of Din Thomas, Tommy Speer, and Kuniyoshi Hironaka seems to be yet another sign of the organization neglecting to put their fighters first. MMAJUNKIE put out an in-depth report on the situation recently, and the story points out that the castoff brawlers all lost recent fights.
The message seems to be: win or go home, literally. It's as if the situation this season's TUF contestants faced when they had to fight their way into the house is part of a new winner take all attitude among UFC decision makers that's now being applied to the league as a whole. For some recently dismissed UFC fighters, the disrespectful aspect of being told to clean out their lockers was enough to get them to come out in the public eye and squawk about mistreatment and unfavorable terms of employment.
Absent the big sponsor deals the top names get, the UFC's contract situations often leave the average fighter footing all the bills for training and medical treatment.
Travis Lutter went as far as reporting that he e-mailed Dana White asking for his 36,000 bucks in past-due sponsor money from Xyience.
Kalib Starnes found himself surrounded by a media circus when he fought one of the worst fights of his life recently. He's felt compelled to set the record straight about his raw UFC deal in recent weeks. He insists he tried to back out of the crooked contract himself before Dana White ragged on him in public and announced his release from the league.
The MMA Junkie article points out other casualties of the past month including Joe Doerksen, Charles McCarthy, and Jake O'Brien. They go on to report, "Additionally, numerous cast members from "The Ultimate Fighter 6" were cut earlier this year, and the majority of cast members from the current season of "TUF" will be released from the organization next month."
Add to the situation the harsh words and lawsuits launched at the organization from well-known UFC fighters who decided to leave the league publicly and voluntarily (Randy Couture, Tito Ortiz, Tim Sylvia) and it seems there's more than meets the eye to the numerous claims that the UFC is not very fighter friendly. The exclusive contracts of the league and all the restrictions put on fighters can't be healthy in the long run with other MMA leagues starting to make headway and new ones still popping up.
Affliction's league is about to kick off their first event, EliteXC's got the CBS deal to gloat about, and Mark Cuban's HDNet fights isn't going away anytime soon. It's one thing to demand so much from your employees when there's no other suitable place for them to work, but when there's this much competition around that's more open to compromise and providing star treatment for all it's a bad move on the part of the UFC to make any waves that might inspire even more fighter discontent.
On the other hand, the fact that there are so many competing leagues now makes the UFC's recent fighter cuts a bit more forgivable since at least each released fighter will have plenty of opportunities to keep working for comparable pay.
At any rate, there's no doubt the show will go on. There's no evidence yet that any of this competition is really hurting the UFC's bottom line and popularity. It might be making a dent in some respects, but any losses sustained aren't catastrophic, and predictions of the UFC's imminent demise are surely premature.
For every Din Thomas, Tommy Speer, and Kuniyoshi Hironaka there are a hundred other guys itching to take their places and willing to fight just for the exposure and the glory. So all you folks out there saying the CBS deal is the beginning of the end of the UFC as the all-powerful oracle, you just keep waiting for the mother ship to come take you away when the Hale Bopp Comet appears in the night sky.
Although the UFC maintains it is slimming down their roster to "assure fighters can be scheduled more frequently and to avoid long layoffs between fights" the recent torch snuffing of Din Thomas, Tommy Speer, and Kuniyoshi Hironaka seems to be yet another sign of the organization neglecting to put their fighters first. MMAJUNKIE put out an in-depth report on the situation recently, and the story points out that the castoff brawlers all lost recent fights. The message seems to be: win or go home, literally. It's as if the situation this season's TUF contestants faced when they had to fight their way into the house is part of a new winner take all attitude among UFC decision makers that's now being applied to the league as a whole. For some recently dismissed UFC fighters, the disrespectful aspect of being told to clean out their lockers was enough to get them to come out in the public eye and squawk about mistreatment and unfavorable terms of employment.
Absent the big sponsor deals the top names get, the UFC's contract situations often leave the average fighter footing all the bills for training and medical treatment.
Travis Lutter went as far as reporting that he e-mailed Dana White asking for his 36,000 bucks in past-due sponsor money from Xyience.
Kalib Starnes found himself surrounded by a media circus when he fought one of the worst fights of his life recently. He's felt compelled to set the record straight about his raw UFC deal in recent weeks. He insists he tried to back out of the crooked contract himself before Dana White ragged on him in public and announced his release from the league.
The MMA Junkie article points out other casualties of the past month including Joe Doerksen, Charles McCarthy, and Jake O'Brien. They go on to report, "Additionally, numerous cast members from "The Ultimate Fighter 6" were cut earlier this year, and the majority of cast members from the current season of "TUF" will be released from the organization next month."
Add to the situation the harsh words and lawsuits launched at the organization from well-known UFC fighters who decided to leave the league publicly and voluntarily (Randy Couture, Tito Ortiz, Tim Sylvia) and it seems there's more than meets the eye to the numerous claims that the UFC is not very fighter friendly. The exclusive contracts of the league and all the restrictions put on fighters can't be healthy in the long run with other MMA leagues starting to make headway and new ones still popping up.
Affliction's league is about to kick off their first event, EliteXC's got the CBS deal to gloat about, and Mark Cuban's HDNet fights isn't going away anytime soon. It's one thing to demand so much from your employees when there's no other suitable place for them to work, but when there's this much competition around that's more open to compromise and providing star treatment for all it's a bad move on the part of the UFC to make any waves that might inspire even more fighter discontent.
On the other hand, the fact that there are so many competing leagues now makes the UFC's recent fighter cuts a bit more forgivable since at least each released fighter will have plenty of opportunities to keep working for comparable pay.
At any rate, there's no doubt the show will go on. There's no evidence yet that any of this competition is really hurting the UFC's bottom line and popularity. It might be making a dent in some respects, but any losses sustained aren't catastrophic, and predictions of the UFC's imminent demise are surely premature.
For every Din Thomas, Tommy Speer, and Kuniyoshi Hironaka there are a hundred other guys itching to take their places and willing to fight just for the exposure and the glory. So all you folks out there saying the CBS deal is the beginning of the end of the UFC as the all-powerful oracle, you just keep waiting for the mother ship to come take you away when the Hale Bopp Comet appears in the night sky.
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