Rivera was also the principal shareholder of SSTP. Accordingto the Commission, Rivera used SSTP for misconduct similar to thatalleged in this case.
Rivera in February 2006. Subsequently, it merged itself into aNevada corporation with freely trading public shares and changedthat corporation’s name to USSE in November 2006. USSE wasinitially headquartered in Natchez, Mississippi, and later movedits headquarters to Baytown, Texas. USSE’s stock was notregistered with the Commission. Rivera’s press releases and otherstatements to investors, USSE’s website and postings on variouspenny stock blogs were the only public information available aboutthe company.Defendant Rivera is the founder of USSE. Rivera was theprincipal shareholder of USSE and controlled its activities. Healso served as USSE’s chairman and CEO.Relief Defendant Price resides with Rivera and is hiscaregiver. Price sold more than 35 million combined shares of USSE(15,837,740 shares) and Sustainable Power Corporation (“SSTP”)
(19,669,000 shares) and allegedly used the more than $2 millionproceeds to fund her lifestyle with Rivera and the activities ofUSSE. Rivera and Price were married in August of 2010.The crux of the Commission’s case is set forth in its brief insupport of its motion for summary judgment (the bracketedreferences are to the plaintiff’s Statement of Undisputed MaterialFacts in Support of Plaintiff’s Motion for Summary Judgment):
Case 5:08-cv-00245-DCB-JMR Document 88 Filed 07/21/11 Page 3 of 38