Monday, December 10, 2018 4:19:48 AM
The central fraud alleged involves claims by Rivera that USSE could produce viable commercial biofuel and fertilizer products.
The Commission asserts that its case is not about whether a pyrolytic process like Rivera’s might someday be successful, but about whether Rivera’s claims that USSE had perfected the “Rivera Process” in any commercially meaningful way were false.
USSE was initially headquartered in Natchez, Mississippi, and later moved its headquarters to Baytown, Texas.
Specifically, the Commission alleges that the defendants made the following claims about the “Rivera Process” (the bracketed references are to the plaintiff’s Statement of Undisputed Material Facts):
1. That USSE’s Equipment Was Fully Operational There is no dispute that USSE, at best, had an experimental reactor still in development that was not ready for full scale production. [¶¶ 30, 45-6, 59, 60-3,104, 107] The longest it ever ran continuously was four or five days. [¶ 59] It did not produce any fuel that could be sold and it never generated any revenue for USSE. [¶ 54]
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Scam.
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