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Blogging isn’t all puppy dogs and cupcakes

Xyience is suing blogger Richard Bergeron of Unlimited Fight News. A while back Bergeron was spreading some pretty crackpot stories about Xyience being a front for swindling investors. Which is funny because I could have sworn Xyience was a front for selling bullshit nutritional supplements and making terrible commercials.

Here’s the things Bergeron accused Xyience of:

  • being investigated by the Securities and Exchange Commission
  • that there is a class action lawsuit against Xyience by it’s investors
  • that Xyience has ‘shell corporations’ which were basically slush funds for Xyience directors and board members.
  • that Xyience pays the UFC bogus sponsorship money and the UFC gives a portion of the money back to Xyience directors and board members.
  • that Xyience was created for the primary purpose of defrauding investors

These accusations were so outlandish and retarded that I didn’t even bother to repeat them … and I repeated that shit about Pat Miletich being an evil swinger! But wait – it gets better. Apparently, Xyience had problems with an investor who was going to invest fifteen million bucks in the company. The investor’s issue? Bergeron’s claims! Now that’s enough to get even the most laid back company ready to go to war.

Bergeron’s hilarious counter-movement to the lawsuit was to say “I live in Cape Cod, you filed in Nevada. No dice!” Hmm. Now I’m not a lawyer, but I’m pretty sure that argument doesn’t fly. But giving Bergeron the benefit of doubt, I’m sure the Xyience guys will find it really annoying to fly down to Cape Cod and file in the appropriate state. God knows they embezzle enough, I’m sure they can afford it.

  • http://www.ufcdaily.com UFCDaily.com

    I am not a lawyer either but his argument may have some validity. In an example provided by my business law teacher he was involved in a lawsuit between a company he worked for (in Pennsylvania) and an employee who file suit in New Jersey. State civil suits do not cross state borders but I believe all Xyience will have to do is file in his home state so you were correct about them just needing to refile

    I covered this story when he first published and am now on his email list so he spams me non-stop with updates about his stories. This case specifically means very little to me but it could have huge implications for any blogger. Obviously Rich will have to prove his research as research and not hearsay or otherwise.

  • http://www.unlimitedfightnews.com Rich Bergeron

    Well, first of all you’ve got your facts messed up. I posted an email on a MySpace page featuring almost every claim you said I made above. I did not write the email, and it was also posted on other internet sites. I even featured a disclaimer on the email saying not everything in it had been verified. The MySpace profile was deleted, and I never made any claims that were in it in my own stories. The email did lead me to new information, and my own stories reflected only facts that I verified through multiple inside sources and court documents. You can see the full story I started with here:

    http://www.mma-fighter.com/forum/viewtopic.php?p=242879&sid=994f81a1be9234f8f0e6ea8ef7788c47

  • Reggie O

    Mr. Bergeron is a liar, has knowingly disseminted fraudulent documents over the internet and has with the aid of his accomplises committed multiple felonies. In his first arcticle of December 9, 2006, Bergeron show cased a fraudulent email from a ficticious federal government agency sent out by Mark Neiber, a convicted felon who served four years in prison for assault with a deadly weapon and on March 12 of this year was arrested for extortion and aggravated stalking. This email, from a ficticious John Miller, Director, Criminal Complaint Division, Consumer Affairs spoke of SEC and FBI investigations that did not exist and fraudulnently spoke of cooperation of these agencies with the District Attorney of Clark County, Nevada, was created and disseminated to hundreds of email addresses by Neiber from July 22, 2006 through November 24, 2006. Accompanying these emails were obscene, extortion and threat emails and other communictions sent by Neiber to individuals and corporations victimized in the John Miller emails. Neiber’s recent arrest is directly connected to these activities. Rich Bergeron, not only aided and abetted Neiber in disseminating the fraudulent John Miller emails and other fraudulent, libelous and slanderous documents, but also attested to the authenticity of the John Miller emails by stating: “I have verified both the Nevada district attorney the message was sent to and that John Miller and that agency does exist.” On September 6, 2007 Bergeron was ordered by the District Court of Clark County Nevada to remove all of his articles in this matter. Bergeron is now in contempt of court. His response to your arcticle is being forwarded to the Judge in this case and the appropriate Federal, State and local law enforcement authorities.

  • http://unlimitedfightnews.com/wordpress/?p=26 Rich Bergeron

    Reggie O is a Xyience insider, as if it’s not obvious. Anyway, his post above goes to show you how far they are willing to go to twist the truth. He has been spreading lies that I am guilty of crimes, like the examples above. He doesn’t even have the balls to post his real name. These people bashing me from the shadows have no shame and no guts. I have not committed any felonies whatsoever. This is what I have to deal with. Cowards who twist the facts and hide behind fake names and high powered lawyers. I did not aid and abet anyone. I got that email he writes about from a staff member at a major MMA corporation, and I always maintained I had not yet verified the facts within it. This was at the very beginning stages of my investigation. After my first couple articles confirming some of the facts in that email, A Xyience official offered to fly me out to Las Vegas for free and get a grand tour, access to UFC fighters, and an interview with Dana White. The catch: I’d have to write a glowing story about Xyience. It was clear they wanted to sweep my series under the rug back then, and nothings’ changed between now and then. They’re just using a different broom to do the job.

  • http://www.fightlinker.com fightlinker

    Hey Rich – I guess the key thing is if the things you covered on your site are true, then you’ve got no worries. The initial paperwork on the lawsuit from Xyience was pretty straight forward so it seems what they’re contending should be pretty easy to verify or dismiss.
    Being a fellow blogger who talks a lot of shit, I’ve got a certain amount of sympathy for the situation you’re in. But if it came between standing up for the truth and avoiding being sued by Xyience, I’d take the latter. Especially considering the truth in this case may not be on your side

  • Reggie O

    Here are the facts and they are documented. Bergeron stated the following concerning the John Miller emails: “I have verified both the Nevada district attorney the message was sent to and that John Miller and that agency does exist.” and “The following message was sent to a Nevada District Attorney. We verified the email address…” The email address was frauduent and the email was fraudulent. Bergeron could not have verified these emails with a fictitious agency and an email address that was fraudulent, and he knows it. On December 10, 2006 when Bergeron had used this email in his article, evidence had already been procured through a subpoena that Mark Neiber, with the aid of accopmlices in four states, had created and disseminated the email over a four month period to over a hundred businesses and individuals in order to commit extortion. When Bergeron was informed that the John Miller emails were fraudulent, he stated the following: “I am within my legal first amendment rights to post what I posted.” It is evident that the Judge, by his September 10, 2007 order, does not agree with Bergeron. Begeron then continued to post fraudulent documents provided to him by the violent convicted felon, Mark Neiber, even though he knew of this man’s criminal past. Then Bergeron went even further to state that Neiber was a victim and that Neiber “has been through more pain than most men could even fathom.” This is after Bergeron posted a fraudulent lawsuit that Neiber had filed on behalf of a corporation that Neiber fraudulently claimed he was the Director of. When Bergeron was informed that the District Court Clark County, Nevada had declared that Neiber was not the Director of this corporation, Bergeron stated: “So what.” and went to make slanderous and obscene statements concerning the true Director of this corporation. These comments and the fact that Bergeron has ignored the Judge’s order make it quite obvious that Bergeron, like Neiber, has no respect for the law. The only time individuals like Bergeron and Neiber find respect for the law is after conviction, on the eve of sentencing.

  • http://unlimitedfightnews.com/wordpress/?p=26 Rich Bergeron

    First of all, the whole email they keep harping on has nothing to do with any of my sites. It is gone. It does not exist on-line anymore, and I’m not the only one who posted it. I am the only one who posted it with a disclaimer attached to it as far as I know.

    The fact is I produced a detailed investigative report with NO FRAUDULENT DOCUMENTS. I utilized documents from official court cases and evidence from an SEC lawsuit. If Xyience’s case were so solid, why did their lawyer just offer me $1,000 to take my stories off the net? That’s what just happened this week.

    What you have here is a group of people operating within the shadows who are too weak and spineless to post their real names, because they know they are spouting absolute bullshit. At every stage of this I posted everything under my real name. If anyone else in the MMA news circles would have the guts to look into this, they would have found the same evidence I did.

    Everyone finds it easy to stand outside all of this and throw rocks at me without knowing the FACTS. The truth will shine through. Xyience will be exposed as more deserving of the defendant label in this case. It’s only a matter of time. They have lied in their court documents repeatedly, and that information will come to light. Everyone seems to forget the fact that this company was founded by a CONVICTED FELON!! I’m a guy who went to and graduated from military school where I followed a strict honor code. I’ve got no marks on my record, and I have no grudge or bone to pick.

    I call ‘em like I see ‘em. Xyience and the UFC are inseperable now, and they are going to protect each other’s interests. That’s unfortunate if you ask me, because I know what’s going on at Xyience, and it stinks to high heaven. They keep saying their founder has nothing to do with the company, but he’s not going anywhere. He’s been there since day one, and he’ll be there until the end. The way Russell Pike and his cronies are abusing that company is a tragedy, and it should be addressed. They make the whole company look bad, and that whole company makes the UFC look bad because they can’t seem to root out the cancer that is killing it.

    Trust me, you will all see the light when the smoke clears. I predict indictments, investigations, and more prison time for the infamous Mr. Pike.

    Xyience may have a good plan and a good product, but they need to root out the corrupt individuals poisoning everything from within. I have never been out to inspire anything less than a housecleaning that will enable them to succeed. The UFC should not be so willing to forgive and forget until that actually happens. As I’ve said from the beginning, there’s no room in this sport for this kind of corruption. The fighters do the fighting, and they deserve the lion’s share of the profits.

  • Koleak

    WOW… WOW.. WOW!! $1K… hollly shit!! That sure sounds like a major pay off Rich.. What a jerk!! $1000 is a lot simpler to offer than to wait for the rusted wheels of justice.. don’t ya think!?

  • Koleak

    ….”Xyience may have a good plan and a good product, but they need to root out the corrupt individuals poisoning everything from within. I have never been out to inspire anything less than a housecleaning that will enable them to succeed. The UFC should not be so willing to forgive and forget until that actually happens. As I’ve said from the beginning, there’s no room in this sport for this kind of corruption. The fighters do the fighting, and they deserve the lion’s share of the profits.”

    This comment by Rich is “RICH.” WHO THE HELL MADE YOU IN CHARGE OF CLEANING UP XYIENCE? WHO ARE YOU TO SAY WHO RUNS IT OR NOT? ARE YOU THE MORAL POLICE FOR THE MMA SCENE? IS YOUR MONEY INVESTED? IF THERE IS SUCH CORRUPTION INVOLVED HOW COME THERE IS NOT A MILLION PENDING LAWSUITS? YOU HAVE NO RIGHT TO SAY WHAT ANY COMPANY NEEDS TO DO. DO YOU WANT PEOPLE SAYING YOUR SITE HAS GOOD POTENTIAL BUT YOU SHOULD ALLOW SOMEONE ELSE RUN IT BECAUSE YOU HAVE A GRUDGE FOR RUSSEL P.? OR YOU ARE BIAS? HMMM DONT THINK YOU WOULD APPRECIATE IT WOULD YOU RICH?!

  • http://flyingguardpass.blogspot.com garth

    i’m totally munching on popcorn and watching your blog be co-opted for a pissing match, flinker. this is pretty funny.
    incidentally, did you know that something like 80% of civil suits are either between companies, or by a company on an individual? and the best way to fix the civil justice system is somehow…limit individual’s remedy payments. weird.

  • Wendy O

    I KNOW FOR A FACT THAT XYIENCE IS CORRUPT AND RAISING MONEY ILLEGALLY. WHY DO YOU THINK THEY ARE TRYING SO HARD TO COVER UP EVERYTHING?

    THE UFC WILL BE BETTER OFF TO DUMP THEM AND GET A SPONSOR THAT IS HONEST.

  • http://unlimitedfightnews.com/wordpress/?p=26 Rich Bergeron

    “This comment by Rich is “RICH.” WHO THE HELL MADE YOU IN CHARGE OF CLEANING UP XYIENCE? WHO ARE YOU TO SAY WHO RUNS IT OR NOT? ARE YOU THE MORAL POLICE FOR THE MMA SCENE? IS YOUR MONEY INVESTED? IF THERE IS SUCH CORRUPTION INVOLVED HOW COME THERE IS NOT A MILLION PENDING LAWSUITS? YOU HAVE NO RIGHT TO SAY WHAT ANY COMPANY NEEDS TO DO. DO YOU WANT PEOPLE SAYING YOUR SITE HAS GOOD POTENTIAL BUT YOU SHOULD ALLOW SOMEONE ELSE RUN IT BECAUSE YOU HAVE A GRUDGE FOR RUSSEL P.? OR YOU ARE BIAS? HMMM DONT THINK YOU WOULD APPRECIATE IT WOULD YOU RICH?!”

    Ironically enough, Xyience officials have been asking for my help lately. It seems that they now realize that the truth is a powerful thing. My money is not invested, though they’ve tried to tell people it is. They all blame me for ruining their potential to prosper, but now they want my resources and information. Funny how you can call a guy a liar and gossip hound one day and then the next day you want to use the “lies and gossip” you say he produced to reshape the company. It’s all a farce. This story is getting more intriguing by the minute.

  • http://nil Jen

    I was advised by a broker in Florida to put money into Xyience in October 2006. As an Australia citizen it is pretty difficult here to get any information. was all this trouble going on when the US broker would have advised me to put my money into Xyience? When were the lawsuits commenced & the information placed on the net?

    Hope someone can give me some answers?

    Jen

  • http://www.fightlinker.com fightlinker

    Jen, i’d get in touch with Rich Bergeron … he’s the one that knows this Xyience case back and forth

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