Zeons Corporation (ZEON)

[scion]

10. USSE falsely claimed on an ongoing basis, contrary to fact and Rivera’s knowledge, that it could produce “biofuel estimated at $.50/gallon according to exhaustive studies and independent lab confirmation.” The claim appeared in a section titled “About U.S. Sustainable Energy,” which was included in 24 press releases made on the following dates: October 13, 2006, October 16, 2006, October 17, 2006 (two releases), October 20, 2006, October 26, 2006, October 30, 2006, November 1, 2006, November 2, 2006, November 3, 2006, November 6, 2006, November 7, 2006, November 9, 2006, November 13, 2006, November 15, 2006, November 16, 2006, November 21, 2006 (two releases), November 22, 2006, December 5, 2006, December 6, 2006, December 12, 2006 (two releases) and January 5, 2007. See Dkt. 61, Ex. 4-6.

11. USSE also falsely claimed on an ongoing basis, contrary to fact and Rivera’s knowledge, that it “holds patent pending technology.” The claim appeared in a section titled “About U.S. Sustainable Energy,” which was included in 31 press releases. The claim appeared in the 24 press releases listed in the preceding paragraph, as well as seven other press releases dated January 8, 2007, January 9, 2007, January 10, 2007, January 17, 2007, January 22, 2007, January 23, 2007 and January 25, 2007. Id.

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