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Re: StockKingArthur post# 18560

Tuesday, 10/02/2012 8:14:15 AM

Tuesday, October 02, 2012 8:14:15 AM

Post# of 62039
There remains no proof that the Brian Hebb debt is legitimate. It appears that he has been given extra time to prove that debt however that debt is likely tied into this lawsuit and that Hebb is a liar and a fraud.

Promissory note payable dated May 5, 2010 due to Brian Hebb including accrued interest. $155,146. Sierra Resource Group previously attempted to write this debt off, it looks like the private accounting firm decided that it was "real debt."



The Hebb debt is dated May 5, 2010 when SIRG was formed.

Actually there was a lawsuit brought by Barry Alter and John K. Fitzgerald against Dwayne Bigelow whose partner was Brian Hebb. Case No: 9:12 CV-80160 in US District Court.

In the Fall of 2009, Bigelow and his partner Brian Hebb began ncouraging Phil Gurian, a friend of the Plaintiffs, to invest in a proposed securities transaaction involving a public offering by Sierra Resource Group.

Bigelow and Hebb materially misrepresented the terms of the proposed transaction and their involvment in it, and encouraged Gurian to convey those misstatements to other persons, including the Plaintiffs, in order to convince them to invest their money in the proposed transaction.

Relying on Bigelow and Hebb's material misrepresentations, Plantiffs transferred $700,000 to Hebb in February, 2010, for the purpose of investing in the proposed transaction.

The proposed transaction never took place. Bigelow and Hebb failed to transfer any SIRG stock to Plantiffs and returned only a small portion of the Plaintiffs' money.

Barry Alter and John K. Fitzgerald are Canadian citizens. Defendant Dwayne Bigelow is a Canadian citizen who currently resides at 19230 S.E. Mack Dairy Road, Jupiter, FL., 33478.

In September 2009, Hebb, a friend of Bigelow, approached Gurian to talk to him about a "great deal" he should invest in. The two of them met at a Starbucks in Boca Raton.

Hebb told Gurian that SIRG, a privately held company which owned a copper mine with valuable resources was about to go public. Hebb told Gurian that he would be personally arranging the merger between SIRG and the public shell company that would result in the sale of securities to the public.

Hebb told Gurian that he had an agreement with the owners of the public shell company under which Hebb's company, Black Diamond Realty Management LLC had the right to purchase a controlling interest in the shell company, which, post-merger would give Black Diamond a controlling interest in SIRG.

Hebb told Gurian that Bigelow, his partner and stock promoter, would help him obtain investors and liquidity once SIRG went public.

Gurian met with Bigelow and Hebb in November 2009 in Boca Raton. Hebb repeated the misrepresentations he made in the earlier meeting with Gurian and Bigelow confirmed them.

Bigelow also falsely represented to Gurian that he was going to bring in institutional investors, provide future funding, and act as a long-time investment to SIRG.

To further convince Gurian that buying SIRG shares was a good investment in which they believed strongly. Bigelow and Hebb falsely represented to Gurian that Hebb had already invested $300,000 of his own money in SIRG, and that he would sit on the board of SIRG once the merger was complete.

In truth, at the time of the representations, Hebb had not invested money in SIRG.

On information and belief, at the time of the representations, Hebb had no intention of investing his own money in SIRG and had no intention of sitting on the board of SIRG.

After making these misrepresentations, Bigelow and Hebb strongly encouraged Gurian to purchase SIRG shares through them once the merger was complete. Bigelow and Hebb also encouraged Gurian to repeat their misrepresentations regarding the proposed transaction to others for the purpose of recruiting them to invest money in the transaction through Bigelow and Hebb.

Relying on these representations by Bigelow and Hebb, Gurian contacted Plantiff Alter to see whether he would be interested in purchasing SIRG shares through Bigelow and Hebb.

Alter asked to meet Bigelow and Hebb. A meeting took place in November 2009 in Boca Raton among Bigelow, Hebb, Alter and Gurian. During the meeting, Bigelow and Hebb repeated the misrepresentations they had made to Gurian in the earlier meetings.

During the last week of January 2010, Alter and Gurian contacted Plaintiff Fitzgerald to see whether he would be interested in purchasing SIRG shares through Hebb and Bigelow. Alter and Gurian communicated to Fitzgerald the misrepresentations Bigelow and Hebb had made to them about the proposed transaction. Relying on those representations, Fitzgerald agreed to purchase $500,000 worth of SIRG shares through Hebb and Bigelow.

Following Fitzgerald's agreement, Gurian, Alter, Bigelow and Hebb met again in Boca Raton at the end of January 2010. In reliance on the repeated misrepresentations of Bigelow and Hebb, Alter agreed to purchase $200,000 worth of SIRG stock. Alter and Gurian also reported to Bigelow and Hebb Fitzgerald's agreement to purchase $500,000 of SIRG stock.

The parties agreed that the Plaintiffs' purchases would be accomplished by the placement of the Plaintiffs' $700,000 into Black Diamond's escrow account for the exclusive purpose of purchasing four million shares of SIRG once SIRG became public. Hebb and Bigelow agreed that the Plaintiffs' money was to remain in the escrow account until SIRG went public and was to be used only for the purchase of SIRG stock after SIRG had gone public. Hebb and Bigelow further agreed that if the merger did not go through within two or three months, Plaintiffs' funds would be returned to them.

Following the meeting described in the preceding paragraph, Bigelow and Hebb urged Plaintiffs to wire their money as soon as possible, claiming that SIRG could go public any day and that Hebb and Bigelow could not purchase the shares if they did not have the Plaintiffs' money.

On February 4, 2010, Plaintiff Fitzgerald caused $500,000 to be wired to Black Diamond's escrow account.

On February 17, 2010, Plaintiff Alter caused $200,000 to be wired to Black Diamond's escrow account.

Plaintiffs were anxious to hear from Bigelow and Hebb about consummating the share purchase. Once Plaintiffs had wired the money to Black Diamond, however, Bigelow and Hebb, who had been previously eager to speak about the proposed transaction, suddenly stopped responding to phone calls.

After two weeks of silence, Hebb sent a text message to Gurian that everything was fine and the company would be going public any day.

After another week went by, Alter was finally able to speak with Hebb. Hebb led Alter to believe the shares would be issued as promised and asked Alter to provide a list of the names to whom the shares would be issued. Alter provided the list but no shares were issued.

In April 2010, Gurian talked to Hebb and demanded the return of the Plaintiffs' money. Hebb refused and assured Gurian that the merger would happen soon. Gurian finally told Hebb that if the merger was not completed within a month, the money would need to be returned to the Plaintiffs.

On April 30, 2010, Black Diamond purchased $8.5 million of SIRG shares using the Plaintiffs' money even though SIRG had not yet gone public.

About a week later, Gurian contacted Hebb and again demanded return of Plaintiffs' money because the merger had still not taken place. Hebb told Gurian that the Plaintiffs' money was no longer in Black Diamond's escrow account because he had invested part of it in SIRG and had used the rest to buy the public shell.

Upon learning that Bigelow and Hebb had not honored the terms of the agreement by not keeping the money in Black Diamond's escrow account until SIRG went public, and by not issuing SIRG shares to them, Gurian and Alter both contacted Hebb and Bigelow and again demanded the immediate return of the Plaintiffs' money. Again, Bigelow and Hebb indicated to Alter and Gurian that they would not give the money back because it was no longer in Black Diamond's escrow account. Nonetheless, they reassured Alter and Gurian that they would issue Plaintiffs' SIRG shares once SIRG became public.

On June 23, 2011 SIRG merged with a public company named Medina. (This is wrong information, Medina was not involved, see below.)

On February 5, 2010, Sierra Resource Group, Inc. (the “ Company ”), entered into a Share Purchase Agreement (the " Share Purchase Agreement ") with Black Diamond Realty Management, LLC, a Florida limited liability company (the “ Purchaser ”), and Paul W. Andre, Sandra J. Andre and Suzette M. Encarnacion, the Company’s principal stockholders (collectively, the “ Sellers ”). Pursuant to the Share Purchase Agreement, and upon the terms and subject to the conditions thereof, the Purchaser agreed to purchase an aggregate of Eight Million Five Hundred Fifteen Thousand (8,515,000) shares (the “ Shares ”) of the common stock, par value $.001, of the Company owned by the Sellers (the " Purchase Transaction ") for a purchase price equal to Three Hundred Twenty Five Thousand Dollars ($325,000) (the " Purchase Price ").

About three weeks after SIRG went public through the merger, Gurian met with Bigelow in Delray Beach. Gurian asked Bigelow where the shares that were to have been issued to Plaintiffs were. Bigelow said that some SIRG shares had been cleared, but not theirs. He reassured him that everything was going to be fine.

A few days later, Gurian contacted Bigelow to inquire again about the SIRG shares. Bigelow told Gurian that Plaintiffs' shares had been redirected to several Panamanian companies controlled by another of Hebb's close friends, Brian Kane.

Gurian immediatedly called Kane and the latter confirmed that the SIRG shares had been issued to Panamanian companies owned by his wife.

From July 2010 through July 2011, Biegelow repeatedly promised that Plaintiffs would get either the SIRG shares or the return of their money. Gurian taled with Bigelow in the phone numerous times and Bigelow kept repeating that everything would was fine and that the Plaintiffs would definetely get the shares or their money back.

On March 15, 2011 Black Diamond returned $99,965 to Alter.

In August 2011, Black Diamond returned $30,000 to Fitzgerald.

Despite repeated demands from Plaintiffs, and repeated promises from Bigelow and Hebb that they would return Plaintiffs' funds, Bigelow and Hebb have failed to return the balance of the funds. They have also failed to provide Plaintiffs with any SIRG stock.

On February 14, 2012 this case was set for a trial by jury.
NOTE: Brian E. Hebb was born on 7/21/1956.



So whether SIRG owes this scam artist any money or not remains questionable.


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