Case 5:08-cv-00245-DCB-JMR Document 90 Filed 08/01/11
Supplemental Brief of Securities and Exchange Commission in Support of Remedies Against Defendants U.S. Sustainable Energy Corp. and John H. Rivera and Against Relief Defendant Price
EXCERPTS/OBSERVATIONS:
Plaintiffs make a point that Rivera's "profession" for the past 20 years has involved making false claims about the so-called Rivera Process to take money from victims to support himself and continue to develop his product; etc. Given this history, it is unlikely he will stop. Moreover, Rivera may still control USSE, now ZEONS CORPORATION, and has the ability to resurrect this fraud in another vehicle.
In the text of the 8/1/2011 filing of Support to the Motion, the Plaintiffs (SEC) point out that the Court could impose a penalty of up to $4,940,000 against Rivera and up to $22,800,000 against USSE.
VI. CONCLUSION
For the foregoing reasons, the Court should enter an order: (1) Enjoining USSE and Rivera from future violations of Section 10(b) of the Exchange ACT and Rule 10b-5 thereunder; (2) Setting disgorgement and prejudgment interest against USSE, Rivera and Price in the amount of $3,309,734.06; (3) Setting civil penalties pursuant to Section 21(d)(3) of the Exchange Act against USSE and Rivera in an amount determined appropriate by the Court; (4) Barring Rivera from acting as a director or officer of any issuer having a class of securities registered with the Commission pursuant to Section 12 of the Exchange Act or required to file reports pursuant to Section 15(d) of the Exchange Act; and (5) Barring Rivera from participating in any offering of a penny stock pursuant to Section 21(d) of the Exchange Act [15 U.S.C. p 78u(d)].
Dated: August 1, 2011
Respectfully submitted,
…signed by Plaintiffs
