Dispatch From The Desert: Xyience Scandal Widens, Prospect of Questions Scrambles Security

Las Vegas and all the grand glory it presents to the world never seem to be enough to impress me. The glitz and glamour, the lights and the noise, all of it is just one giant, monstrous, intricately choreographed sideshow. It's designed at the end of the day to take your hard earned money out of your pocket and hope you waste it on a chance of luck, a chance to spin the wheel and watch it all go bye bye.

There are more than a few people out here on the fringe of the desert who take advantage of that risk taking gene all of us have but so few cultivate and sharpen to a razor point.

I was called a "purported" investigative reporter by a lawyer at my last formal hearing in the case. I decided to show him recently how professional I can really be. I'm digging up more and more dirt as I move along, and it's getting better with each day.

"We love locals" is the motto of the Station Casinos chain just coming through bankruptcy smashingly. The Fertitta family along with the Sartini family own this entity with a company called Colony Capital providing a chunk of huge capital as well.

Colony, owned by Thomas Barrack (at left), and the Ferttittas were the stalking horse bidder in the recent Station Casinos collapse, and for $772 million plus they got their own casinos back with far less debt. The original standpoint had them around $6 billion in debt. The bankrupt it and buy it back strategy worked for Xyience, and bankrupting Station Casinos in the same manner must have felt safe. They had practice.

The fact of the matter is that Xyience is a hole in the desert, and all the old junk of the Fertittas and the UFC is buried down there. I consider this company to have a red-headed step child syndrome, and the culture is to beat that child every time someone isn't looking. The bosses do it, the employees do it, and the owners do it. It happens all the time, so who cares? The shareholders were wiped clean, the creditors are begging for pennies on the dollar, and there's settlement after settlement on the official side of the bankruptcy. The lawyer fees are still likely pretty minimal compared to what they would normally face with more fierce resistance. It's all private as well, so they don't worry about the government butting in.

They TAKE AND THEY TAKE AND THEY TAKE





Now, they're giving away a car a day as part of a Station Casinos promo. I was at a Station casino not long after I arrived in Las Vegas. I was there looking to speak with the President of Xyience, as I heard he was staying there. There was no sign of him, and he wasn't listed under his real name. I did see something interesting while I was there, though. An older gentleman got in a serious argument about charges with the hotel front desk clerk. I was there no longer than 10 minutes when all that happened. I told him to mention the attorney general, and that's when the next front desk lady called me up.

I started to pick apart Xyience and find their flaws from day one, right off the airplane. First there was a cruise around their offices and warehouse facility. Then I arrived in person. Dispatches from within told me what I was doing was working wonders. The staff was meeting about me daily, sometimes having the lawyer down there to discuss it all. The "distraction" I posed was now real, as I was in their backyard suddenly. The judge's stern order in my case that I would have to appear in person for future hearings troubled me. I decided to stay in town and start doing some digging. I wanted to find out what was buried in that Xyience hole in the desert.

When an infected wound starts to get all filled with puss and blood, as disgusting as the act may be you sometimes have to just squeeze the mess out of it. You've got to get the gunk to explode out on the floor, on the wall, all over the damn place. That's what it takes. Fraud is messy, too. You have to squeeze the main players so they will force out the root of the problem. Once you get that nugget of truth and start to run with it, they will start to figure out they are in trouble. Pressing the action and seeking out answers will either result in silence, denial, or lies to cover the tracks. I got silence out of one of the main players I went after.

IS HE IN "THE CLEAR" OR NOT?


Though it seems it is legal to sell some forms of steroids and fighters don't get arrested for testing positive, the legal steroid business still seems pretty shady.

Steroids is a serious issue in fighting. MMA is seemingly sinking to the depths of the WWE with certain leagues allowing steroids to become a major contributing factor to some fighters putting on a good show in the cage. Chael Sonnen's slap on the wrist suspension for testing more than 4 times over the legal limit for testosterone is just the latest in a long line of questionable treatment for athletes who fail their drug tests.

Baseball had Barry Bonds, and he was villified, but MMA athletes don't face the same standard in the eyes of many fans. Sonnen, and others like him, are just expected to serve out their suspensions and come back. Boo birds aside, their returns are nearly certain. Why such a different view for juicers in other sports who are left with albatrosses around their necks for life?

Just don't get caught seems to be the mentality that works in MMA. Even if you do get caught, it's a formality in this day and age. The fight happening in Nevada is also reportedly an incentive to juice since the stringent testing standards in other states have been increasing while Nevada has recently been behind on initiating more involved testing. Still, the Fertittas have not yet been linked to any formal investigation regarding providing or selling steroids. The story unfolding now does link the Fertittas to looking the other way when it comes to such behavior, though.

Balco and Bonds were able to sneak under the radar with so-called "designer" steroids. It's tough to tell if that's what is at play in my own investigation. The subject of the inquiry is a Xyience employee we shall call JV, and it fits because he may not be a varsity player at this point. There's no information he's working with the knowledge of the Fertitta family or with the sanctioning of the Xyience top brass, but there is a ton of information pointing to him being involved in steroid sales.

Still, I know the Fertittas and Xyience brass know at this point that they have a person suspected of steroid sales in their employ. This individual has been reportedly banned from going to Wanderlei Silva's gym here in Vegas. While training there, JV was reportedly speaking to a strength and conditioning coach who was "fired" a couple months ago. I am seeking to speak with that individual before publishing his name, but I know who he is and where he trains now. The investigation will continue so I can figure out whether or not this is any bigger than a couple small town Vegas guys peddling roids at a low level. I'll work in the days ahead to establish what type of steroids are involved, who ese might be involved in the purchase of these steroids, and how resistant they may be to testing.

BONUS AUDIO:

http://bit.ly/gmBUwE

http://bit.ly/gZUMTZ



THE LAWYER AND THE GENERAL MANAGER

The Walrus and The Carpenter Are in Panic Mode.

It's funny how one guy can generate so much buzz. While in Las Vegas I thought it to be pretty important to go after the attorney on the case and the general manager for the Fertitta entity that ran Xyience into the ground to promote the bankruptcy. Gregory Eugene Garman seemed on the very verge of shitting his pants when I emailed the lawyer his home address in a gated community out here. He alerted his local law enforcement and his security in the community thinking I was going to show up at his doorstep. I did the same thing to General Manager of Fertitta Enterprises and Zyen, LLC "Dollar" Bill Bullard. The actual emails confirming this are as follows:


Bill Bullard
to me



show details Feb 15 (5 days ago)

Mr Bergeron,

Be advised as a result of your continued threatening and harassing phone calls to my family I have given your picture and name to security at my residence as well as local authorities. Any attempt to approach my residence or make contact with my family will be met with your arrest.

Sent from my iPhone


===========================





Greg Garman (above) to me:

show details Feb 15 (5 days ago)

Mr. Bergeron, security at my residence and the police department have already been alerted to the threat you pose. Be advised you will be arrested should you attempt to obtain access to my neighborhood.

Sent from my iPhone

On Feb 15, 2011, at 3:54 PM, "Rich Bergeron" wrote:

> OK, so you're saying now I have to find out where you live to talk to you? Can't be that hard. I found out where Bill Bullard lives.
>
> I'm not intimidated.
>
> Why is it that all you guys are afraid to answer questions? I think it's classic that ONE GUY can cause this kind of panic when I've made no threats. I'm just talking about questions. Obviously you all have something to hide.
>
> Rich


=========================

Questions put real fear in people trying to hide the truth. As much as people will hide the truth, they hate being asked about it constantly. They're always afraid one mistake will topple the whole operation. One way or another, they think they can make sure all the oysters will be eaten by cabbages and kings:

Xyience President John Lennon Running Scared From Rich Bergeron's Questions

John Lennon (pictured above), Xyience's newly-minted president, took the opportunity to hold a conference call this past Monday. It was his 90th day with the company I've been studying, researching, and following for years. I began my investigation back in 2006, but my "crusade" has never enjoyed the kind of constant flow of information that exists right now. John Lennon seems to think he knows me, but he won't even talk to me. I've sent him emails, left him a message on his cell phone, and I let him know if he has nothing to hide there's nothing to worry about.

Still, John Lennon won't talk to me. He'd rather talk about me behind my back it seems. He began his 90-day celebratory call with the Xyience staff by talking about me being a "distraction" to the company. Well, the frivolous $25 million lawsuit filed against me to start this process has been nothing but distracting. I am also told Mr. Lennon tried to sell a complete lie to the entire Xyience staff attending the meeting yesterday. He said to all these employees that I am on the losing end of my case in bankruptcy court. This only proves how ignorant he really is about the whole Xyience debacle I'm wrapped up in right now.

I just settled a small portion of the case, something called a Rule 9011 claim, with the liquidation trustee for the Xyience Estate. There's no gag order on that settlement, and Mr. Lennon should know this. His lawyers obviously aren't being up front with the guy about who I am and what I've done in the case. I have a $175,000 request for summary judgment still on the table in the BK courts, and that's on top of the settlement I've already made with the trustee.

The Rule 9011 Motion itself is going to be up for an amendment hearing on February 20th in Las Vegas. New names and facts will be presented to the court if I am allowed the chance to improve that request. That sanctions motion asks for $150 million from all the inter-connected players in the scam to bankrupt and bleed out Xyience.

If I am on the losing end of this case as Mr. Lennon says I am, how come I never had to write a single check to Xyience? How come their demand for $25 million went down to $84,000 before the bankruptcy even ensued? How come they never paid the guy who sued me for them in the first place?

The reality is simply too much for these folks to accept, so they create their own fantasy world and try to live in it. I am now even hearing that they are contemplating filing a new lawsuit against me because I've sent email blasts to Xyience employees exposing the truth. So sue me, I say. I'd like to see how they plan to try to make any charges stick. I'd like to see how they handle things when they crash and burn yet again trying to hold me accountable for doing an altruistic deed. What I don't want to see is the company and their employees suffer needlessly because the brass doesn't know how to do damage control or talk straight with an investigative reporter like me.

All I asked Mr. Lennon to do was pick up the phone and give me a call. I gave him the option to avoid any complications if he was just willing to make one phone call. I even gave him the on or off the record option. I just wanted to get some honest answers to some important questions. Instead of realizing he had nothing to hide and should have no fear of talking to me, it seems like he and the rest of Xyience's upper management went into pure panic mode.

Sue me if you will, Xyience. Sue me once, sue me twice. Sue me up, sue me down. Sue me around the world in 80 days and six ways to Sunday. Just remember what all this started with and who really escalated things to this point of no return. A man who is afraid to make a simple phone call to me in order to answer a few questions is now the leader of a company with a history of corruption. He's gone ahead and made assessments about me and issued false statements of fact behind my back about my character instead of being a man about things and talking to me one on one. At some point people have to start asking what is there to hide? Why the secrecy and fear?

Either way, I have front row seats for this whole show. The leaks I already benefit from at the company give me an advantage I never had before. I also have a tremendous library of evidence I may or may not have to publish here to set the record straight. This is all in addition to another revelation involving the actual product Xyience is selling, where it actually came from, and what's actually in it. As always, stay tuned!

OPEN LETTER TO ATTORNEY JON BACKMAN, XYIENCE COUNSEL FOR THE LIQUIDATION TRUSTEE DAVID HERZOG

Open Letter to Xyience BK Estate Counsel Jon Backman -

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.

RABBLE ROUSIN' RICH BERGERON'S LATEST LEGAL FIGHT: INDIANA PLASTIC SURGEON SUES FORMER PATIENT TO SILENCE ON-LINE COMPLAINTS

By: Rich Bergeron

NOTE: MANY OF THE LINKS AND WEB-SITES MIGHT BE BROKEN SINCE Dr. EPPLEY'S LEGAL TEAM WAS SUCCESSFUL AT TEMPORARILY SHUTTING THEM DOWN, BUT THEY MAY BE RESTORED IF THE LATEST APPEAL IS A SUCCESS. FOR THE MOMENT,VISIT JUDGE SARAH EVANS BARKER SUCKS to learn more about the case.

Dr. Barry Eppley, MD, DMD is an Indianapolis plastic surgeon who obviously has no idea what kind of floodgates he opened up when he sued Lucille Iacovelli on March 30, 2009 and had his lawyers name me to the initial Temporary Restraining Order.

Had Eppley done his research before sicking Harvard's Own Hasty-Pudding Hatchet Man Todd Richardson of Lewis & Kappes on poor Lucille, he would have discovered that there's a reason Lucille was featured in the HBO Documentary Plastic Disasters.

This case was so out of the ordinary that the Indianapolis Business Journal started tracking it nearly as soon as it hit the docket. IBJ Reporter J.K. Wall wrote an excellent article about the case and also wrote me an email about Judge Sarah Evans Barker's potential bias in the matter considering she is on the board of directors at the parent company of the hospitals Eppley practices in.

JUDGE SARAH EVANS BARKER (left) has refused to provide equal footing to all parties involved in this situation, blatantly ignored Lucille's duly presented evidence, and taken Eppley's own word as expert testimony. Actually, considering Eppley has only spoken through his own attorney in this case, Judge Barker's given him an extra benefit of the doubt and taken Eppley's word straight from the mouths of Lewis & Kappes attorneys.

This frivolous case brought by Eppley and exacerbated by Judge Barker's blatant bias has taken time away from a lot of more important activities in my life, namely the legal situation surrounding the almost 380 shareholders in Xyience who were screwed over by that company's fraudulent bankruptcy.

Dr. Barry Eppley, in my humble opinion, is the reason why legal costs are so high when it comes to health care. I have seen Doctors like Eppley routinely try to hide their medical malpractice record to make it easier to attract unsuspecting patients. It is getting harder and harder to find accurate records or histories on even the best of physicians with the most impeccable credentials. Public Citizen once made a valiant effort to track bad, or "questionable" doctors, but nobody took the torch and continued their work.

Dr. Eppley can engage all the lawyers in all the law firms in every free state in this country if he wants. They will not be able to overcome the entire history of Supreme Court precedents preventing him from winning this case and continuing his unconstitutional injunction past the appeals level. Judge Barker can have all the political juice a judge can possibly have, but if she's knee deep in culpability, I'll expose her for it. It just exponentially gets worse from here, and fines or arrests of each and every one of us helping Lucille will do nothing but fuel our passion to revolt even more intensely against this indefensible and frivolous sham of a case.

Dr. Eppley needs to realize that the court of public opinion will be his ultimate judge, and he should have figured that out before filing this fabricated lawsuit. He is ultimately only going to prove to everyone following the case that he is a true scumbag with no scruples, as I believe he's already proven by having Lucille immediately committed to a psych ward to kick this case off. He acts as if he knows he only has one choice: fabricate a clean reputation no matter how many lies he has to tell to do it. Rather than publicly respond and officially dismiss Lucille's complaints, Eppley's using lawyers to do his dirty work. The fact that he would take further advantage of such a frail, defenseless, innocent victim of what I believe is one of the worst mistakes of his surgical career is beyond despicable. It is almost like a guy raping a woman, getting away with it, and then suing her to prevent her from getting an abortion and to get custody of the child.

Please tell Dr. Eppley how you feel about this case and watch the video below. This case is more important than you think. If this thing gets rigged, the domino effect will continue on. We all have a stake in this. If you keep a blog or comment about issues on other blogs, someday this case could reach out and touch you if you piss someone off who can afford an attorney.

We need to draw the line in the sand and show the Indiana Federal Courts and Judge Sarah Evans Barker that they forgot one thing while they went about denying us our rights to free speech. There's a little thing called the First Amendment in play here, and it's not some obscure rule of procedure or statute you can misinterpret or read your own way. It's pretty cut and dried.

Please contact Eppley and his lawyers (their email addresses are in the video) and tell them to stop going after an innocent victim. Contact Judge Barker's deputy and tell her that Barker has no business staying on this case and needs to step down immediately. Start your own blog entry about this subject, populate our links, and keep the word of mouth spreading so these people think twice about pushing this case any further. This case is about way more than just one woman from Cape Cod. It could impact everyone in this country in due time if we don't stop the injustice now.

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!!!!!!!!!!

XYIENCE LAWYER JAMIE COGBURN TRIES TO SETTLE A CASE HE FILED AGAINST RICH BERGERON FOR "SODAS"