Welcome to AREA420INFO.COM

This is a fact based website blog detailing the legal battle between Potch LLC and its representatives Whitney Parsons Justice and Mike Biggio VS Ridgeback holdings LLC and its owner Terry Ferrari. It is completely first amendment protected. All contentious sections have been removed pending the outcome of current legal action. It is packed with public record information, court dockets, motions, rulings, protections orders, original emails, text messages, audio recordings etc. These people are selling land worth just $1000 per acre for between $100,000 and $250,000 per acre with the promise of commercial power, then reneging on that promise and, in mane cases, repossessing the land when the buyers business fails to to Potch breaking their promise to supply the required power. We have substantial proof to corroborate this suspected carousel real estate fraud. 

OUR Detailed response to Plaintiffs motion to dismiss can be seen in PDF file HERE, it clearly sets our our arguments and claims against Potch LLC, Whitney Justice and Mike Biggio.

If you are a 1st time visitor to this site and want to see about other victims etc without reading the lengthy site, please scroll down to the updates 3rd March 2024 onwards to get a real idea of what this case and this widespread fraud is all about. 

 

Biggio and Justice both told different judges that this website is a 'manifesto'. That is nonsense, its simply a blog website filled with evidence exposing their lies and misdeeds. Blog websites are completely 1st amendment protected free speech. Definition of a blog website is below

blog /bläɡ/ noun
"a regularly updated website or web page, typically one run by an individual or small group, that is written in an informal or conversational style."

Just because these people find my exposing their lies and misdeeds embarrassing and uncomfortable, it does not remove my 1st amendment free speech rights. This has been extensively litigated in the US court system up to and including the Supreme Court. Proof of this can be seen on the attached civil right litigation website link extract below.

"Whether you work for a news organization or not, as a blogger you are still protected by the First Amendment. "

Link to full article is https://www.rightslitigation.com/2018/12/18/blogging-and-the-first-amendment/

Another example extract below

9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media.  
The 9th Circuit recently became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for defamation. Obsidian Fin. Grp. v. Cox, 740 F.3d 1284 (9th Cir. 2014). The court also delivered a victory to online publishers by recognizing that their use of informal and hyperbolic language reduces their exposure to libel claims because such language is often protected opinion.
Link to full article is https://www.dwt.com/blogs/media-law-monitor/2014/04/blurred-lines-9th-circuit-applies-same-first-amend

 

Complete proof if needed that this blog website and all the language used therein is 'protected opinion'.

 

Furthermore in no way can this website blog be contrued as 'harassment' as confirmed by the US Supreme Court on 29th June 2023

"The Supreme Court ruling in Counterman v. Colorado will reduce protections for victims of stalking, verbal abuse and online harassment and have a chilling effect on prosecutors."

extracts below

The Supreme Court issued a ruling on June 27 in Counterman v. Colorado, holding that a speaker’s subjective intention must be considered when determining whether speech is a “true threat” and thus punishable notwithstanding the First Amendment. The decision requires that a speaker must have been aware of the “threatening character” of the speech but delivered it anyway, and was thus reckless in their actions. The holding will limit protections for victims of stalking, verbal abuse and online harassment and increase the burden on prosecutors who must now provide evidence of the speaker’s state of mind

........
The majority opinion held that the First Amendment protects speech unless the speaker has “some subjective understanding of his statements’ threatening nature.” To secure a criminal conviction, prosecutors must “show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”

 

Link to supreme Court Ruling article is https://msmagazine.com/2023/06/29/supreme-court-online-stalking-harassment-women-free-speech-counterman-v-colorado

 

Even more proof that this blog is protected and in no way can be construed as harassment as I certainly never intended this blog to threaten violence to anyone which would need to be proven to find me culpable for harassment.  The only possible liability this blog site could carry is for liable or defamation in the CIVIL court where it is already being litigated. Plus as a blog, this site has the extra protections afforded to news organizations meaning I can use hyperbolic language where I deem necessary.

This blog site contains important information for anyone considering purchasing plots in Area 420 Marijuana development located in Moffat Colorado.

NBC News article is below. Click the picture to go to the article (opens in a new window)

 

I am a disappointed investor in Area 420. I fell for their false promises and am currently over $1.8 million out of pocket because of them. This is quite a shocking website. I will swear in any court that every word on this blog website is true to the best of my knowledge. Every allegation I make is backed up by solid evidence provable in a court of law. I would never make a false allegation against anybody. Every email and text message you see on this blog site is genuine as are all voice recordings, they can all be forensically verified by any court appointed expert. Of course my opinions of Potch are clouded by what I perceive and have experienced as their dishonest treatment of myself. Please take the time to read it in full and check all the attached evidence before forming your own conclusions. Potch are spreading false lies about me with zero evidence whatsoever to back them up. Every allegation I make against Potch is provable with substantial document/recording trails.



Potch recently accused me of extortion and filed a baseless defamation lawsuit against myself, simply for publishing the truth about their company and their promises to supply me power when selling me land at Area 420 in Moffat. Potch knows these claims to be false which you will will discover if you take the time to read this blog site in its entirety along with the supporting evidence contained within. Regardless, they filed a lawsuit filled with false facts accusing me of attempted extortion. I have not attempted to extort anybody. All I have done is publish the truth about promises made to myself in a futile attempt to make them see sense and simply honor their previous promises. I have filed my own counterclaim against Potch, Justice and Biggio for my $1.8 million losses plus damages.

I have detailed full information here, including all relevant messages and emails and even some of our actual audio recordings of Biggios empty promises that he went on to break.  I shall also post all relevant court dockets, motions etc as the case progresses. All of the emails copies/extracts here are genuine and can be forensically verified by an IT expert who can not only verify the coded headers but can also subpoena the original emails from Google/Gmail servers to prove they are genuine in court if required. This forensic verification will prevent Potch or its representatives from fabricating any additional supposedly exculpatory evidence never seen or heard of before trial.

Ms Justice, Mike Biggio and Potch have been featured in many many articles, all singing their praises and pretending they help the disadvantaged etc. What baloney. I am going to contact every single person that has published any articles on them, send them my blog website and ask if they wish to do a follow up article on how they took my money under false pretenses and then tried to foreclose on my $1.8 million investment. As I told Ms Justice in my final email to her, I intend to fight fire with fire.

Links to sample of the various news stories can be seen below. Note the first story is where Whitney Justice has her marijuana licenses revoked for breaking the law, shows she has zero respect for the rule of law. The second story shows her crying to the Sheriff when someone accuses her of ripping people off. Actually asking they press charges WTF!! Strange that others come to the same conclusion as myself.
Fine assessed in Justice marijuana licenses revocation
Area 420 developer complains to SO
kush colorado moffat marijuana area 420
area 420 is shaping more than just the cannabis industry in moffat
high country why snowmass village local whitney justice went all in on cannabis cultivation in saguache county
marijuana consultant has criminal history
colorado town moffat kush trnd
rural colorado town embracing unique cannabis business compound

Area 420 website littered with false promises can be found at this link

Area 420 phase one can be seen in below picture.

Our basic story is below

During early 2021 we (myself and my wife Pamela) were living in Florida and had decided to relocate to Colorado. We used to flip foreclosed houses in Florida. We had worked hard over the years in Florida, bought, refurbished and resold over 200 properties. As there were so few foreclosures in Colorado, we knew we had to embark on new careers. After doing some research we decided to invest in a legal marijuana farm.

We spent many days surfing the web, checking which counties allowed commercial recreational marijuana growing, once we narrowed the list, we started researching each County. Of course we only wanted to buy in a Marijuana friendly county and we had decided we would be wiling to pay more for land if it came with power and water etc. We came across area 420 website. It offered us the complete package, easy licensing, power on site, water supplied fairly cheap. It boasted of a great community where savings would be made by bulk buying with other growers etc. It seemed almost too good to be true. Little did we know we were being sold a lemon. We flew to Colorado and drove to area 420 located in Moffat. We were given a tour of the area and everything seemed in order. We were given a price of just over $100,000 per acre and purchased 2 plots each just under 2 acres for $400,000. This was to be paid part cash, part owner financing by the area 420 owners Potch LLC, a company owned by Whitney Justice who we met during our tour.

They did tell us upfront that there would be approximate 6 to 8 months delay whilst they install the water and whatever power we decided we would need. Mike Biggio offered us the choice as follows. (Paraphrasing) "We have 1 acre lots in Phase one with power already hooked up for $200,000 each, but if you guys can wait just a few months for your power and water, for example if you intend to construct buildings, we have some special deals in our new development Phase 2. We have just a handful of odd sized lots that we could not divide into exactly one acre. If you are willing to wait a few months for your power, I can sell you lots that are close to 2 acres each for the same price as the 1 acre lots in phase 1. We cannot sell them as 2 full acres, so have left the extra land to make almost 2 acre plots. They also have 20ft utility easements for the power company." We considered this carefully and because we knew we had to get interiors of the buildings professionally designed, we decided to go for the larger plots in Phase 2 knowing power would likely be connected before we had finished construction of the buildings. Mike Biggio made it sound like we only had a few days before these special lots sell which is why I hounded him to sign us up saying I did not want to miss our deal. Copy of those messages will be posted soon.
So to clarify, they had odd size lots they they could not subdivide into full acres, and because the power was a few months away they sold us the under 2 acre lots in Phase 2 for the same price as an acre in Phase one. So almost identical deals with a bit of extra land thrown in for the power delay. We still paid 100x market value because we had the promise of power in the next few months. Certainly not consistent with selling land with no power. Land without power can be bought for $1000 per acre nearby. I can prove I knew this because I viewed land nearby before buying this. So it totally destroys their last minute claim, never ever once mentioned in the two years before this blog site went up, that they were selling me land with no power for 100x market rate . No one in their right mind would believe that foolish claim.


As with all owner financing agreements, interest would be due on outstanding balances. Because they had warned me of the power delays, I had the foresight to write a clause into the agreements that interest payments would not begin until the promised power was connected. 10 years of prior real estate experience had taught me that 1) Things often take longer than promised and 2) If I did not have the clause written into the contract, recollections may vary over time, so best to be fully covered at the outset.

Screenshot below they used to lure us in, could not be more clear power, water all on site, all supplied by them. They were using it until a few weeks ago in their advertising materials. It literally says in their literature "we set you up for success".... " We are offering up parcels that are ready to go equipped to offer ALL of the amenities above"



We then purchased a house in Alamosa and moved from Florida to Colorado in July 2021. Before our move, we had decided to build some large indoor facilities. We informed Potch LLC of our decision and asked for recommendations for a metal building supplier. We thought it was time to test out these bulk buy savings. They put me in touch with a seller named Lee Waldroop. They did this on April 17th 2021, at which time they already knew we were planning a large indoor grow. Their email recommendation is HERE.(document opens in a new win
dow) They said they were doing some buildings with him and all seemed legit. Waldroop agreed to sell me 4 buildings for $70,000 each. He took $90,000 deposit off us. Sent us fake engineering plans for different buildings. He then dropped partial scrap framework off at my site then failed to deliver the rest. So I lost $90k at the start. Waldroop was eventually arrested and charged with theft but not the best start to our new Colorado adventure. We do not blame Potch LLC for this loss, but of course we would never have handed over our hard earned cash had they not recommended this guy to us.

It was April 2021 that Potch were aware that we were planning an indoor grow. These guys are weed experts, they are well aware of the high power needs for indoor grows. In fact owners of Potch LLC are partners in a semi-indoor greenhouse grow operation located in Phase 1 of area 420. They actually gave me a tour of this operation and explained its huge power setup to me during that tour. A greenhouse grow is semi indoor as it uses sunlight during the day and bright lights using light deprivation covers during the night. An indoor grow uses much more power as it uses artificial light and climate control 24/7. Potch LLC were clearly well aware of all this BEFORE we completed the purchase of our land. Plenty of time to inform me if there were potential power issues ahead.

I completed the purchase of the plots in August 2021
. We then spent around $30,000 having the facilities professionally designed, during this design process, I confirmed with Potch LLC that 3 phase power was available and we were told it was. During late 2021 I sent my power requirements to Potch LLC. They had always known I was planning an indoor grow but wanted more accurate numbers for the power engineers. At the same time we gave Potch LLC my power requirements late 2021 I had also sent them to the power company SLVREC.

16th November 2021 email sent to Mike Biggio at Potch LLC confirming my 3 phase power requirements can be seen HERE (document opens in a new window) Also can be clearly seen below 2336 amps

Biggio texted back same day below stating he had received it and was passing it to the power company PROOF they were arranging and responsible for my power and not myself

At no time did Potch LLC tell me that this was too high or they could not supply it. Despite knowing I required 2336 amps 3 phase 480v, they ended up connecting just 200 amps of single phase 110v power. That is less than 10% of the power we require, and that was promised to me by Potch LLC. Also it is the wrong phase so completely unsuitable for almost all my equipment and insufficient for my needs. Hopefully readers can see why I feel cheated here. As Potch LLC had confirmed 3 phase power was available, I spent over $200k on 3 phase grow lights and HVAC equipment. Potch LLC were aware of this purchase and are also aware that none of this equipment will run on single phase power. They told me around this time that power and water would be connected around March or April 2022.

Note. You can buy 40 acres of land for under $1000 per acre close by.
I have paid around 100 times market value for the convenience of a turn key solution, power and water on site, easy licensing, bulk buy savings etc. Boy, did I make a mistake.

Our purchase contract stated that we would pay interest from the date of power installation, then 6 months after that date we would pay the next $100,000 payment, then interest for another 6 months then another $100,000, then interest for a final 6 months, then a final $100,000.

So to be clear, I did not owe Potch LLC any money whatsoever after my initial $100,000 payment until AFTER my required power was installed. Regardless of this, because I believed the power was just around the corner, I actually paid Potch LLC ANOTHER $100,000 in December 2021. That shows just how upfront and honest and trusting I was, it was not due for many months, yet I paid it early because I trusted Potch LLC. I have since requested this $100k overpayment be returned, and as you can imagine, I am still waiting. My required power was never installed and likely is NEVER going to be installed, certainly not by Potch LLC so they owe me this $100k at this point plus interest, as they sure as hell charge normal area 420 buyers interest when they are owed money.

December 19th 2021. Copy of my email offering the $100k payment early is HERE (document opens in a new window).  I mistakenly thought it was due in February 2022. I did not realize it was not due until 6 month AFTER they supplied my power which will be NEVER as she refused my power required offer from SLVREC. Does this early $100k payment look like the actions of someone who breaks agreements?

Same day, response from Whitney Justice confirming nobody except me ever pays them early. Copy of email is HERE (document opens in a new window) 

27th December 2021. Email confirmation from Whitney Justice confirming receipt of my $100k check is HERE(document opens in a new window)   Copy of the actual check is HERE (document opens in a new window) 

April 2022 came and went still no power, I was now being told end of summer. In April we started construction on an $80,000 concrete foundation slab for the 1st building which was to be 15,000 sq ft. I had also purchased a 18,000 sq ft building for the other plot. Total buildings spend almost $500,000.

In may 2022 I completed the slab and began erecting the metal framework for the 1st building. Video of construction can be seen
HERE (video opens in a new window) 


The framework, roof, exterior etc was completed late June 2022

As Potch LLC kept pushing my power date back,
I kept asking SLVREC for the install date. They failed to respond to numerous calls and emails asking for updates despite taking my new customer deposit in late 2021

One day around this time I saw an SLVREC engineer at my site and asked him for a update on my power installation. He replied with an almost unbelievable story........

He said SLVREC had had a meeting with Whitney Justice the owner of Potch LLC. They had presented her with 2 package options. Package one included the 3 phase power I required. Package 2 was for a tiny 200 amp single phase power drop to a few sites including mine. (FYI a 200a single phase drop is what is usually used on domestic houses, completely unsuitable for any commercial indoor Marijuana grow) He said Whitney justice had decided not to go for the package that gave me my promised power but she had chosen the cheaper basic minimal power instead.

I was shocked and stunned, this had to be a mistake. Surely this huge company that had sold millions of dollars of plots would not do such a thing? Especially without bothering to inform me. Obviously, they could have simply told me to hang fire on the building, at which point I could have relocated at relatively low cost, instead of watching me construct this huge expensive building knowing all along they had misled me as to power availability and worse still that they had refused SLVREC's offer to supply me the power I needed.

I immediately emailed Whitney Justice (and Mike Biggio CC). Copy of that email is HERE (document opens in a new window) full email is below important parts in bold (bear in mind the bold parts for their lawsuit asserting I was never promised power), I asked here for the return of my $100,000 overpayment due to them letting me down on the promised power. I am still waiting for this reimbursement.

From: t ferrari <terrylferrari@gmail.com>
Date: Sun, Jun 26, 2022 at 3:28 PM
Subject: Power to lots 123 and 128
To: Whitney Justice <whitney@coloradoarea420.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Hi Whitney and Mike


I really need to know if I am getting the required power to lot 128 anytime in the next few months. I've uprooted my life in Florida, liquidated all my assets and invested almost
everything I have into these plots (over $1.5 million spent already), all on the often repeated promise that power is a few more weeks or a few more months away.
I have a $225k building sitting on plot 123 brand new unopened and no point in doing anything with it because there is no sign of power at any point soon.
 

Then the guy from SLV tells me he gave Whitney a number to supply my power along with the others required and she said no, effectively cutting off my easiest route to power.
That is just so wrong. I've supported you guys all the way, sang your praises to everyone, even lent your contractor's my telehandler and scissor lifts where not only saved your investors' tens of thousands in rentals but they were returned broken.
Today I hear you are still selling plots without the power issue resolved. I hope that is not the case, because that's not fair to myself nor any of the other owners already having power problems. I researched for many weeks before settling on your area 420, you sold me with the promise of no building regulations, power on site, no red tape for licensing etc Now here I am almost a year later, all my chips on the table and no power nor any sign of anything anytime soon.
This should not have been a surprise to you guys, there is no way you could not have seen this problem coming. Even the outdoor grows mostly plan to upgrade to some kind of greenhouse or indoor grow eventually.
If you had at any point said to me 'Terry ,we have a serious power issue, you need to pump the brakes on your builds'. I could have perhaps continued with my real estate deals in Florida instead of pumping everything into this moffat project.
You have potentially tens of millions of dollars worth of land for sale in PH2 and PH3, of course it's going to need significant investment in the power infrastructure, but as with all business you have to speculate to accumulate. You cannot simply sell the land and hope to fix the power later, a solid plan needs to be in place beforehand.
Had I bought anywhere else, not only could I have bought hundreds of acres for this outlay, but I'd also likely get easy power because they would unlikely be as tapped out as area 420. Yes I'd have had more red tape and building regs etc, but that is preferable to my current situation where
I'm being quoted extortionate prices for generators with diesel at record high prices and left with zero alternative at this point because you guys have let me down and not followed through with your promises. I have attached the latest (below) lease offer from the power guys, it's almost doubled as they now do not want the balloon payment at the end. Remember this is just for 50% of my power needs and it EXCLUDES any diesel costs.
I really hope that you guys do not continue to sell plots until you solve this power issue because that would be just plain wrong. I also expect you to return the 100k I paid early as I paid it thinking power was weeks away and it was not due until 6 months after giving me the power that I need which at this point could be next year or even beyond.

Please can you urgently get back to me in writing and let me know exactly where we stand on power issue for both plots. We need to keep everything written going forward to
save any confusion and any disputed 'he said, she said'.


Best Regards
Terry Ferrari
561 317 4507

June 27th 2022 Whitney Justice replied HERE (document opens in a new window) basically saying 'F You, talk to my lawyer'.

June 27th 2022 My response to Whitney HERE (document opens in a new window) full email is below with important points highlighted. More proof that they promised me power, I was not best pleased at being blown off after they took $200,000 from me.

From: t ferrari <terrylferrari@gmail.com>
Date: Mon, Jun 27, 2022 at 9:04 PM
Subject: Re: Power to lots 123 and 128
To: Whitney Justice <whitney@coloradoarea420.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Hi
I don't feel well either, my mother in Australia died today. I very pissed off at the moment and could also do without all this headache
What you are effectively saying is "Thanks for your 200k. I don't care about letting you down on the power I promised you, I'll have my lawyer respond as I cannot be bothered."
It annoys me that you cannot be bothered to solve this amicably and are immediately resorting to your attorney I can tell you that threats of attorney's do not worry me. Also I have not made any unsubstantiated allegations. I believe the SLV contractor who told me that you refused to accept their proposed price to upgrade their substation. He had no reason to lie. Also their representative told the same to my wife over the phone. Finally, Mike Biggio confirmed it to myself and my wife later the same day. At least Mike was honest. He said you should never have closed on my land until you had the power in place. You chose to do so and take my money and put me in this predicament. I'm just asking for help resolving it, not threats from lawyers.
Please put yourself in my potion. I sold all my properties in Florida, purchased your land with the promise of all utilities being connected supplying my required power, 'In the next few months'. Moved here spent over $1.4 million on this project to date. Only to be told that you turned down the option for my power and I am now in an extremely precarious position. Instead of offering resolution, you simply respond with legal threats.
If you want to play hardball over this, I'm fine with that. I can tell you right now, if you try to screw me or wriggle out of your promises, I will give yourself and area420 the most widespread HONEST negative publicity you could ever imagine. This shall include warning everybody not to buy in area 420 because of your ongoing power problem which you are aware of whilst supposedly continuing to sell lots.
My online skills stretch far and wide. That's how I managed to get that jerk Waldroop indicted who stole 90k off me, by publicising his actions and bringing all the victims together. I only gave him the cash because you guys recommended him. I've not complained to you guys about that. I just took it on the chin and pursued him with the authorities. Thankfully he is headed for jail, his trial is scheduled for 11th July.
I know many others are having the same problem as myself so you would be far better to find a solution than to make threats to buyers that you have let down.
I would much prefer not to fall out over this issue. But if I hear from your lawyer rather than yourself, then I shall consider that you are choosing to fall out instead of finding a resolution. I did not make any legal threats and did not expect to receive any back. The ball is in your court.
I'll respond appropriately and proportionally to whichever way you choose to deal with this.
Best Regards
Terry Ferrari
561 317 4507

June 28th 2022 Response from Whitney Justice HERE (document opens in a new window) full email is below. IMPORTANT NOTE. BOTH Whitney Justice and Mike Biggio received the above 2 emails from me. The emails spell out clearly and concisely what I was promised. Had ANY statement in either email been untrue, you can bet they would has responded correcting it. Their silence on this issue speaks volumes and I am sure the eventual judge and jury will come to the same conclusion when they try to pull the wool over their eyes saying I was never promised power. Its bad enough deceiving customers, but to try to deceive a court of law over this issue is truly reprehensible. I hope the judge throws the book at both of them as well as their crooked lawyer Eric Theile (who is all too aware of the real truth despite his fraudulent filings) once their lies unravel in court.

From: Whitney Justice <whitney@coloradoarea420.com>
Date: Tue, Jun 28, 2022 at 8:19 AM
Subject: Re: Power to lots 123 and 128
To: t ferrari <terrylferrari@gmail.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Take it easy, man. I'm so sorry about your mom. I really am. I'm not threatening lawyers I just have a covid fever thats gone on for 5 days now.

If their lawsuit was correct and I was never promised power, do you not think the untruthful Ms Justice may just have mentioned it in response to one of the above emails? And I have many many more which show the same, literally overwhelming evidence for any jury. I have emails, text messages and recorded audio that conclusively proves exactly what I was promised. Its not 50/50 60/40/70/30 80/20 or even 90/10. I'd says its 98% proof and am sure the judge and jury will agree. Potch have diddly squat evidence to back up their claims otherwise they would have filed with their fraudulent lawsuit. I look forward to the day lying Ms Justice is on the stand being confronted by my attorney with the above emails. Let's see her lie under oath and attempt to twist that into them never promising to supply me power.


We then had a meeting where they promised to help
me find a solution. Things calmed down for a couple of weeks. I then had a meeting with the CEO of SLVREC Loren Howard who told me that there was not enough power coming into the valley to serve the ambitious power needs for area 420 planned growth. I asked him for a price for 3 phase power cables and he shrugged and said 'A million bucks'. (note: this fee was not my responsibility, it was the responsibility of Potch LLC who had sold me the land at 100x market value based on the promise that they would supply the power I required. This should have been their headache and solved by them, none of this was my responsibility) I have since heard a rumor that he was anti marijuana, I'm not sure if that is true. I immediately emailed Whitney Justice and Potch LLC to inform them of these sad developments. I asked them to lease or sell me 10 acres of land that I could use for a future solar farm. I also CLEARLY told them that if I could solve the power problem, I would expect some kind of discount on my plots due to my additional costs down to them not supplying the power I was promised. Copy of that email is HERE important extracts are below

I'm really disappointed with this outcome, I trusted you guys when you said it was all in hand.
Now I have to either resort to lawsuits or try to solve the issue myself. I cannot wait 2 or 3 years that it will realistically take you guys to put any other solution in place.

...

If I can solve this power headache, I'd still expect some kind of discount on my plots because just the diesel costs alone (excluding the generator costs) will come to absolute fortunes.

....

So much for buying land at a premium to have all the stress taken away

If you read my emails to Potch and Whitney Justice, you will see they are clear and spell out exactly what I was promised. At no point does Whitney Justice deny or refute any of my claims, in fact she actually responded below setting up a meeting and saying they were willing to make a deal on my 10 acres for required solar. Response from Whitney Justice is HERE(document opens in a new window) 

They eventually gave me an option to purchase 10 acres for solar for $27,500


Due to this unforeseen (to us, perhaps not to others) power problem, I had to lay off my entire construction crew immediately and to slow walk the remainder of the first build out as I had no idea if and when we\\I would be able to get the power I required. Had I got power on schedule I would have had the build finished and been fully operational by the end of 2022.

Thursday July 21 2022.  My proposed to complaint to SLVREC  is emailed to Whitney Justice at Area 420. Copy of the email is HERE (document opens in a new window) extract below

Also, at that time, Victoria said that Whitney from Area 420 did not want to pay the money required for my power. I was told the same thing by the engineer on my land. He said Whitney was offered a price for my power and she refused. You cannot simply just keep blaming 3rd parties. I am a customer myself and I asked you for power back in November 2021.

You will see above that Whitney approved this complaint to SLVREC. It clearly says there that Victoria At SLVREC said that Whitney did not want to pay the money for my power and that also an SLVREC engineer said that Whitney was offered a price for my power and she refused. Had either of these allegations been false, do you not think Whitney may have mentioned it here instead of agreeing with the complaint?? That's the problem when you deny stuff that's true, it has a habit of coming back to bite you in the ass. If Ms Justice ever does manage to take the witness stand. She is going to tie herself up like a pretzel and risk exposing herself to perjury charges if caught lying under oath. Especially when I call both Victoria and the engineer from SLVREC to testify and they swear that's exactly what happened. Courts are notorious for checking that the devil is in the detail. They will drill down on all this stuff until Ms Justice admits she is lying. Personally, I will happily swear on the bible and breeze through all my testimony even under rigorous cross examination from the crooked lawyer Eric Theile. Why? Because I'll be telling the truth. Truth does not trip you up, lies do.

Thursday July 21 2022. Another email to Whitney Justice at Potch asking if Xcel can give me my power if I can convince SLVREC to hand over the lines. Email copy is HERE (document opens in a new window) 

Sunday July 24th 2022 Response from Whitney Justice is HERE.(document opens in a new window) 

This email is revealing in a number of ways. You can see she is trying to shift the power responsibility over to us. I paid 100x market value for this land for a turn key solution including power ran to my lot. All I am on the hook for is the connection fee. None of this should be my concern. Yet I am forced to become involved as they have left me in the cold. Also and very importantly you will see a number of incriminating admissions from Whitney Justice here. They 'spent a great deal of time' with Xcel executives on this issue and even hired a utility attorney to take another stab at SLVREC who 'wouldn't budge'. This email alone goes a huge way to proving my case. This was less than a month after I finished the building and less than 2.5 months after I started it. This comes down to the famous Watergate phrase 'What did they know and when did they know it?'. I'm pretty sure, and this email implies the same, (we can confirm dates during our civil case discovery) that I can prove they knew BEFORE I started the building that they were unable to supply me the power they promised. They had a duty and even a OBLIGATION to tell me this before I started work on the super expensive building. They instead chose not to and watch me build a white elephant building not fit for purpose just so they could keep my money.

Well after some considerable research I now have proof that Potch and Biggio knew BEFORE I started my build that they had in their words "hit a wall" with power. They are on public record in the below article published May 4th 2022. It clearly states they have power issues and Biggio confesses they had maxed out their power. They kept this information to themselves, still stringing me along, and watched me build my building KNOWING they could not give me the promised power, all so they could try and hang on to my money. They really do disgust me. All they had to do was tell me and all this trouble and huge expense could have been avoided. They tell the press but won't tell their own customers??? All they had to do was be honest, why is that so difficult? That is unforgivable. At least they cannot deny it in our court case now. The more I research our case, the more watertight it gets. Its already pretty concrete. A nice easy one for the jury. The full article can be seen HERE. (document opens in a new window)  relevant extract is below.

I only paid 100 times the value  for the land on the provision of them supplying required power. It's certainly not worth it simply for an easy town license or anything else. We'd much rather have taken 2 months to get a license elsewhere than invest $1.8 million into a project where they would end up not supplying the power as promised, leaving me with this huge avoidable headache. It was, and still is their duty to supply me the power they promised AND adequate compensation for my losses and my costs incurred.

Now there are many things companies can do when discovering they were not getting me the power that they had promised me whilst deceiving me into paying 100x market rate for their land based on this promise. A decent, honorable company may  have said something like. 'Terry we are so sorry but we cannot get you the power you need. please DO NOT construct your building. We will repay your land purchase and the $100k you spent on fences etc and you can relocate to where you can get power. Essentially we will make you whole again'  An OK company may have said something similar to this. 'Terry PLEASE DO NOT BUILD YOUR BUILDING, we cannot get your power. We will help you sell your plots and assist you in moving to somewhere where there is power. A not so honorable company may have sneakily kept the information to themselves so they could hang onto my cash, silently watched us build the expensive building then dug in their heels and try to deny responsibility THIS IS EXACTLY WHAT POTCH LLC DID TO US!!!

Sunday July 24th 2022 My response to Potch LLC confirming I sent the email is HERE (document opens in a new window) 

Sunday July 24th 2022 Response from Whitney saying she wants to keep track of the dates for a more accurate complaint is HERE.(document opens in a new window)   
During late 2022 and early 2023, I was included in many of the various power company contacts with Potch LLC, solar, microturbine, geothermal, cogen etc. I was still upset at my treatment but felt that at least Potch were actively searching for a solution to give me the power they had promised since 2021

However in the past few months, those conversations and outreaches seem to have dried up.
All this time, despite all the shocking treatment at the hands of Potch, I had remained relatively quiet. Spent over 100k on diesel generators, fuel storage etc to be able to get some kind of operation up and running whilst we searched for a long term solution.

All this changed on July 30th 2023 when I received the below email from Whitney justice. The email can be seen
HERE. (document opens in a new window)  Its basically asking me to start interest payments and ignoring the part of the purchase agreement that suspends them until power is connected.

How dare they demand more money after almost destroying myself and my business through their broken promises!!!!!

I responded immediately and told that that in not so many words. I also offered them a without prejudice settlement which can be seen along with my response on the link
HERE (document opens in a new window)   The settlement offer is now withdrawn in light of Whitney Justice's false allegations against me. It was a crazy cheap offer I made to them to avoid litigation. In no way did it reflect the true value of the useless plots they had sold me, nor did it address the hundreds of thousands of dollars extra that their broken promise to supply power has already cost me and will continue to cost me until if and when I have a decent  power solution in place. Now they have not only declined it, but made false allegations against myself, I expect not only compensation for the broken power promise but also reimbursement for all my time and costs spent on this matter going forward. I will insist this compensation includes reimbursement of any and all legal fees spent up to the point of any potential negotiated settlement. I did not cause any of this mess. I did not inflame any of this until false accusations were made against me. But rest assured, I will see this through to a just conclusion.  Important relevant extras from he email are below

You guys knew my high power needs at the outset as did SLVREC. Nobody bothered to tell me they could not supply it until I had built the slab and the framework of the 15,000 sq ft building. Should there be a lawsuit, both Potch and SLVREC would be included.
Had anyone bothered to tell me before construction started, I could have relocated at minimal cost.
Our contract is clear. My payments continue once power is provided, its seems pretty clear to me that the power needed is never going to be provided by you guys.
I would NEVER have purchased land without the required power and you guys sold it to me under false pretenses. Your unfulfilled promises have cost me hundreds of thousands of dollars to date and my costs continue to rise each day.

.......

I've really tried to work with you guys even after you screwed me, I've not bad mouthed you all over, nor put negative sites up about you, and I've spent the past year trying (without success) to solve my power issues that your broken promise caused.
My plots without power (and I'm not counting the minor 200amp drops as power, you guys knew late 2021 my high power needs), are worth 50k each tops.
.......

Please remember, SLVREC told me they gave you a price to give me the 3 phase power I need and you declined. You specifically decided NOT to give me the power I was promised. Their costs they quoted are not really my concern. You should have had all this worked out before selling me the land and promising me that you could supply the power I need then going back on that promise. You really should have solved the issue with SLVREC in order to honor your promise to give me the power I need. That's how business works, if you make a promise, you honor it, even if you lose money. I've lost plenty honoring my promises in the past but at least I always honor them Mike has been pretty fair and straight with me and I'm trying to do the same with you. He said you guys should not have taken my money until power was a lock in. He is right. Mistakes are made, but I should not be the one paying for someone else's mistake.


Whitney justice responded below. The absolute cheek of it. Luring my family to Moffat with false promises. Fleecing me for hundreds of thousands of dollars and failing to give me the power they promised, and I desperately needed. Causing me to go hundreds of thousands of dollars over budget buying diesel generators, storage, fuel etc Then having the nerve to accuse me of not abiding by the agreement which THEY failed to fulfil. Whitney Justice response is HERE.(document opens in a new window)  

Terry,
You have failed to abide by the terms of our contracts and you have threatened our company with litigation. Our attorney, Eric Theile, is copied on my response to you and he will handle the matter on our behalf.
Thank you,
Whitney

So they promised me power, and when called out on their broken promise they accuse ME of breaching the contract. That was the last straw for me and is why you are reading this blog website now. I feel the need to warn others and prevent them suffering the same fate I did.

August 1st 2023 My final email to Potch LLC can be seen HERE. (document opens in a new window)  I was absolutely pissed at 1) Her demand for money when they owed ME money and 2) Her accusing me of breaching our agreement, especially in light of all their broken promises. I do think they should suspend future lot sales until 1) Adequate power for myself and other buyers previously promised power is installed and running. 2) An infrastructure is ALREADY in place to support power to new lots they are selling. Its not right to sell lots based on promised power (especially with current owners still waiting for promised power) and then hope to fix the power issues down the road (just what they did in my case). Selling more lots with the huge power issue just makes it more difficult for everyone. That just not the correct way to do business. As I told Potch LLC, what they are doing is just downright wrong.

I have done many years in business and always honored my contracts. I built a $20 million turnover business in the UK from my garage that grew to employ 40 people. I am skilled at building and programming computers and have a deep understanding of how the internet works. Its how I built my media distribution business into the busiest in the UK. It went from doing 2 or 3 orders per day to doing over 2000 per day. My website went from nothing to having over 50000 unique visitors per day. Its why my weapon of choice when wronged is to name and shame people and/or businesses online. I understand how the search engine algorithms work and what it takes to move a website high up on search engines results lists. Its not an overnight process, but with time, results come. All completely legal and 1st amendment protected as its free speech. People get pissed off when I shine a light on their wrongdoings. Well how about don't do the wrongdoings and I have nothing to shine a light on? I once lost $200,000 on one deal by overpaying for a business on a handshake. nothing in writing. My friends asked me why I did not simply back out of the deal or renegotiate once I realized the true value. That thought never occurred to me, my word is my bond and my handshake is just like any written contract. That's how I act and I expect others to act in a similar manner. To honor their agreements, even if they lose money on them. Why?? Because its the right thing to do. Honesty and integrity are not only important in business, but all all other walks of life. 

So now we are headed for a costly litigation battle which I am confident if emerging victorious as I have right, truth and the law on my side. My losses to date are in excess of $1.8 million.

At this point I do not know if Potch LLC were aware of their power problems when taking my first lump of cash in August 2021. Nor do I know if they were aware then they took my second lump of cash in December 2021. But if, during the discovery process of the civil case, the power company supplies me with proof that Potch LLC were already aware of the power issues at either of those points, then I will assert they were obtaining my money by deception, which is of course Fraud. I shall change my case to that seeking triple damages under C.R.S.A. ? 18-4-401. due to the additional element of civil theft.

Mike Biggio heavily implied this to be the case when he stated to me that they should never have taken my money without a power solution in place. Makes me think they maybe they already knew they could not get 3 phase power, in which case I view that as potential fraud. I do view it as possibly fraudulent and downright shady that they knew of their refusal of SLVREC's offer to give me my required power, failed to inform me, then sat back and watched me complete my expensive building knowing that Whitney Justice had already said NO to my power. Leaving me to discover this information from the SLVREC. As I said all along, Potch LLC should have informed me the moment they knew they could not supply my required power and failed to do so.  This is not the sign of a business that has decent moral or ethical values.

The fact that Potch state they should not have taken my money without a power solution in place shows that technically they DID obtain my money under false pretenses, Not just mine, but others as well. On our very first visit, they said the phase 2 lots were a little cheaper as power was not due to be connected until 6 to 8 months later. This was at best wishful thinking and at worst downright deceitful. They thought they could 'wing it', get the plots under contract and solve the power issue as they went along. It was a big gamble, but it was a big gamble with MY money as I'm the one $1.8 million down because this gamble did not pay off.  I'd love to go to Vegas and gamble with other peoples money but I cannot do that because if course its illegal.

If they had truthfully said 'We have no power solution in place but are working on it', then I would never have purchased their property not even for market rate yet alone 100x market rate. I'm pretty sure many of the other buyers would not have purchased either. I spent months researching suitable Colorado properties, I only settled on Potch property because they convinced me that theirs was the most suitable which could not have been further from the truth.

So what exactly did I get for paying around one hundred times the market rate for my 4 acres???

Marijuana license in a day. Yes, but I'd rather have applied for it and waited a few months. As I've had to pay renewal fees etc and it's still not been used due to lack of power.

Power. (no, see above)

Water. Despite their promise it would be piped in by march 2022 it's still not installed. We have a fire hose with water going to each lot, it was there last summer, removed In the winter and put back again recently, still temporary 2 years after purchase. Water update 24th October 2023, we have today receive en email from Whitney Justice informing us that Phase 2 water lines are being installed in the next 2 weeks. Only 18+ months after it was promised to us, but better late than never. Now if only that can so the same with their broken power promise.

Bulk buying savings. no, just a $90k loss, see above

Community where we all help each other. Again no. I've had hardly any help from anyone. I actually lent for many months, free of charge, my $70,000 telehandler and $20,000 scissor lift to my neighbors who were partners with Potch in a planned extraction facility. This saved them the $5,000 per month they were the paying in rental for their telehandler plus how ever many thousand they were paying for their scissor lift. They promised to keep them serviced and return the scissor lift fully charged. I eventually got the telehandler back and found it had snapped hydraulics and the scissor lift had flat batteries that cost me hundreds to replace. I lent my valuable equipment to them FREE OF CHARGE to become part of this great community where we all help each other. I received them back broken. No gift, no letter of thanks, just faulty equipment.

So all in all the only winners so far in my case have been Potch LLC. All this could have been avoided had Potch LLC done the decent thing and stopped me building my expensive building when they knew they were having huge issues getting my promised power. Instead they chose to keep quiet and cause this huge mess.

Mike Biggio, Potch LLC's co owner/head salesman said the following to me during mid-2022. "We made a mistake selling you those plots, we should never had taken your money without a power solution in place". A completely true and honest statement which will form the cornerstone of my legal action against Potch LLC.

Never once did anyone from Potch say to me 'You have asked for too much power' nor did they say 'We never promised you power' in response to any of my countless complaints. Due to that fact, it will be impossible for them to suddenly claim either of those excuses at eventual trial, unless they want to risk perjury charges when proved wrong. I will of course post copies of motions and transcripts of hearings and the eventual trial. I am 100% confident of proving my case way beyond the 'More probable than not' standard required at civil cases.

The land purchase agreement formed part of our overall contract with Potch LLC. A contract can be a series of verbal and written statements and would be considered in its totality by the courts who look at the complete picture rather than a single document or statement. Our contract continued with slight modifications until well in mid 2022 and beyond. They promised me power, water, license etc and as part of that contract I agreed to purchase their plots a around 100 times the market value in exchange for them supplying ALL the goods and services they had promised. You only have to look at the screenshot of their site to see it clear they are offering the full turnkey package. They even made a documentary confirming this to entice more customers. The documentary is full of crap and misleading just like the BS they have been spoon feeding me for 2 years. They talk about all these various power dreams in it, just like they continually told me. Misleading buyers, making them think big power is coming when its not. I spoke to the power guy in the documentary Mike Yore. He told me straight, same thing as a lot of other power company people told me. He said that owners at Area 420 have great ideas about power but none of them want to put their hand in their pocket. They all want installers to come along and install power for free, that is just not gonna happen. I told Mike Biggio abut Mike Yore's comments in one of our two 40+ minute recorded meetings (which will be posted on here closer to the trial). I even said to him that I was happy to contribute to my power costs ON THE CONDITION that the contribution cost came off the eventual cost of my land (because of course they sold me the land supposedly with power and were responsible for the install costs). Mike Biggio accepts my comments and feeds me lots more promises which readers will get to hear closer to the trial. More proof if any were needed that they promised me power when they sold me my land. 

UPDATE August 4th 2023.  I have just received a cease and desist letter from Potch LLC attorney Eric Theile. Copy of that letter is HERE (document opens in a new window) 

I will not be intimidated by their lawyers nor bow to their threats as I have truth and right on my side.

Copy of my email response to their attorney is HERE (document opens in a new window) 

UPDATE August 6th 2023  

I have today sent Potch lawyers an email formally requesting the $100,000 overpayment made to them in December 2021 to be returned. Failure to return it in 7 days will lead me to treat the money as obtained under false pretenses (stolen) and claim treble damages in our civil case which is under preparation and we will post here as soon as it it filed with the courts. Lawsuits are notoriously expensive. Whilst I normally avoid lawsuits, I have no alternative in this case in light of Potch LLC actions and their false claims against me. The silver lining is that eventually, either during any negotiated settlement or after a trial verdict, Potch will be on the hook for my legal fees. Copy of the email is HERE

UPDATE August 25th 2023. Thanks to all those who have sent messages of support. I've had many emails asking for a status update. The current state of play is counsel has been retained and is currently drafting the lawsuit against Potch LLC and other relevant parties. Unfortunately, these things do take time. But rest assured, as soon as the lawsuit has been served, I shall post it in its entirety on this blog site immediately. 

For anyone contemplating purchasing a lot in Area 420, think of this....  I could purchase a large lot less than 10 miles away for LESS that $1000 per ACRE. (200 times less than Area 420 are currently asking for their lots). Area 420 has a huge power problem because its owners did not put the infrastructure in place to support such a large collective commercial grow. Its because there are so many grows at area 420 that the power is all tapped out. So much for my research leading me to believe this was the best place to buy in Colorado. Turns out it was the worst because there simply is no power left. The lot I viewed less than 10 miles away was over a MILE away from power. Xcel energy told me it would cost around $75000 to run power to my lot (If I was to purchase it) and only slightly more for THREE PHASE power. I would have been so much better off purchasing the huge lot a few miles away. I could have avoided all this headache. Just as we could have avoided it had Potch told me about their power headaches before I built my huge building. Please don't make the same mistake I did.

UPDATE September 7th 2023

I have just received a lawsuit from Potch LLC. it is claiming defamation and claiming they never promised me power. This is a flat out lie and one I look forward to proving in court. Potch have chosen their defense, they have filed it with the court and they now need to stick to this outlandish (NEVER once made in any single email or text message throughout our over 2 years of communications, complete BS) claim that they never promised me power. Once they see all the evidence I have showing they actually did, it will be too late to change their mind. So I can officially say Potch LLC are liars as well as selling overpriced plots. Fortunately I recorded some lengthy meetings with Potch LLC once I realized they may try to wriggle out of their obligations. I have irrefutable proof that they promised me power. My lawsuit against them is almost complete. This matter will be resolved in court once I expose Potch as they liars they have shown themselves to be. Anyone thinking of buying from them, please take their actions here as an example of the type of company you would be dealing with. I am suing Potch LLC the company and Whitney Justice and Mike Biggio personally. Roll on the court case, lets get this resolved in front of a Judge an jury. There is no court in the land that would believe their BS in the face of such clear, concise and overwhelming evidence to the contrary. Much of it printed here direct from the owners Mike Biggio and Whitney Justice. Lets see how they try to follow through with this lie under oath. I think the courts will frown upon such blatant lies and abuse of the judicial system. Let wait and see. Copy of their lawsuit is HERE. (document opens in a new window)  Their incompetent lawyers did not even file a copy of this blog website as an exhibit with their lawsuit. Of course if you are claiming defamation, you have to supply the court with a copy the ACTUAL alleged defamatory material, not just extracts of it. Not to worry, I shall be filing it with my counterclaim/response to ensure the judge gets to read it. If they set a hearing on their motion to remove this blog website, I shall take a full copy of the blog website with me along with all supporting evidence to show its 100% true. You cannot simply ask the court to remove a defamatory blog website, you have to show exactly how its defamatory and show the court that its likely untrue. An impossible task with a true blog website such as this. I'll happily take the oath and walk the judge through my story, showing relevant exhibits along the way. This is not my first rodeo. Although it is the first time in my life that anyone has filed a defamation lawsuit against me.

If you read the lawsuit. it states that Potch were under no obligation to supply me with electricity. If that were true, the purchase agreement would not have had a caveat that suspended interest payments until power was connected. They would never have allowed that clause had they not promised me power. I have ample proof both displayed on here and supplied to my attorney that conclusively proves they DID promise me power. This will be easy to resolve in court once both sides put all their evidence out and I can also call representatives from SLVREC who gave Ms Justice a price for my power and she refused it (to this day she has not informed me of that price, which she would have immediately done so had the power been my responsibility). Also, if power was MY responsibility, why did SLVREC give Whitney Justice a price for my power?? (she has no connection to my company Ridgeback Holdings and would have no business speaking to utility company had she sold me land without power) I'll tell you why, because SHE had promised power to me and she knew it. They gave her a price for my required power and she declined it (this came direct from SLVREC office staff and their field engineer). Had it been my responsibility, she would have perhaps said, "Let me pass that on to the person who makes that decision." Nope, she did not tell me the price because it was nothing to do with me. She took it upon herself to decline their offer because it was more than she wanted to pay. That's it in a nutshell. It was Potch's responsibility not mine. If they did not promise me power, why did they organize and pay for a crappy 200 amp drop with SLVREC. They would have left that to me. So Ms Justice went into the meeting with SLVREC to arrange my 2336 amps 3 phase. Then she came out with just 200 amps single phase. I'm not sure if she understands basic math. I'll try to assist. 2336 and 200 are NOT the same. 200 is only 8.56 % of 2336. Also Single phase is just 110v and 3 phase is either 277v or 480 volts depending how many wires you connect. So lets ask Ms Justice on the stand "Clearly you knew Mr Ferrari's power requirements, as you asked SLVREC for 2336 amps. How on earth did you think in any way that just 8.56 percent of that number would be in any way acceptable?" following on from that (ignoring the incorrect voltage). "And why are you wasting the courts valuable time trying to foreclose on Mr Ferrari's property when its clear he does not owe any payment because YOU broke your agreement to give his his required power". Ms Justice has many months to dream up a response to these question but there are no responses that the court would accept. Ms Justice's claims will fail due to this (without even counting my piles of additional evidence) and my breach of contract claim will be proven. I wonder how Ms Justice would feel if I decided without even telling her that I was not longer going to pay her the agreed $400,000 for my land as agreed. I decided to save me some cash I'm just going to pay her 8.56% of that which is $34,240. Do you think she would be pissed?? Of course she would. I know the feeling, that's what she did to me with my agreed power. There is no way she can talk herself out of it. They accepted my numbers in November 2021 and then changed their mind in June 2022 without even bothering to inform me. Silently watching me finish my expensive building which they knew I could not use. Our agreement is clear. If they wanted to limit the power promised, they could have had their attorney do it in the original contract. They did not bother, nor did they once ask me to limit it afterwards. They accepted my 2336 amps phase 3, promised to send it to the power company, and that's the power they owe me. Its too late for their them or their attorney to cry about it now, 2 years too late.

Mike Biggio subsequently promised me 4 x 400 amp drops to get me going, another broken promise and I have concrete proof of it 1600 amps is VERY different to 200 amps, still unsuitable but its eight times as much so is obviously much more useful. And I have Mike Biggio audio recorded saying he would make sure they give me 4 drops each 400 amps each, total 1600 amps. He states thats its not the 3 phase I need but at least it gets me some power going. This was just a few seconds of 2 meetings I have recorded each over 40 minutes. I have saved the phone the original recordings were made on with the original timestamped files for authenticity verification just in case someone tries to claim they have been manipulated. This was recorded over a year ago 28 June 2022. It promises me interim power of 4 x 400 amp drops so 1600 amps total. As usual I fell for his BS. But lets hear Potch and Whitney claim that the 200 amp drop they gave me is anywhere close to the INTERIM 1600 amp drop Mike Biggio promised me over a year ago. This was not to solve my power problem but just get me something up and running whilst they worked on getting me the power I needed. I have countless different BS promises recorrded of all the various attempts they were making to get my power. Again demolishes their argument they sold the lots for 100x value with no power rights. That audio clip is unmistakable and yet again blows their BS lies about not promising me any power out of the water. You literally have the owner on tape promising me 1600 amps here, another broken promise of the many. The audio clip is below. If the player below does not work in your browser, the audio clip itself can be downloaded

Text of this audio clip is below

Mike Biggio. "So the other thing I think is that we have an email in today about, because you are getting 2 separate 400 amp uh single phase drops"
Terry Ferrari "Uh Huh"
Mike Biggio "So we put the question in, can we bring you an extra drop on um that will give you four four hundred amp drops so still not three phase but will at least get you over a hurdle and get you some more power going.

 

They did it because they were trying to give me some kind of power perhaps in order to claim they had supplied me promised power. Well make your mind, up you did promise me power or you did not? If you did not promise power, why on earth did you install 200amp drop to each lot????? That's the problem with lies, they are easy to prove as lies when you have evidence that shows them to be lies. If you sell a plot with no water or land rights, you leave everything to the buyer to sort out. You don't have meetings requesting buyers power with the utility company. You certainly don't take it upon yourself (without even consulting the client) to order and pay for 2 x 200 amp unsuitable drops. I'm told (and I can check the figures during depositions) that each of these power drops would have cost Potch $10,000. Why on earth would somebody pay $10k for power to land that they sold with NO power or water rights (as they are claiming in their lawsuit) Of course you would not. This simply does not pass the smell test. If it walks like a ducks and quacks like a duck........ Finally, I would NEVER have purchased land for 100x market rate had they not promised me power. Why would I pay 100x market rate for land with no power and water (as they are stating in their lawsuit), Potch are selling land close by with no power and water for $2500 per plot, that's more like the right price. $200,000 per plot no power?? if you believe that I have a bridge to sell you. I fell for the false promise on their website and repeated by them that everything was on site and I was paying for a turn-key solution with power, and water included. Whitney Justice and Potch LLC are LIARS and will be exposed as such in court. If they were telling the truth, at ANY point in the past 2 years they would have responded to my numerous email requests for promised power by saying "What are you talking about" or "We never promised you power" or "Power is the lot owners responsibility". The first time I hear this claim in in this lawsuit. Its complete BS and no judge or jury will fall for it. I look forward to exposing them as liars in court.

OK before I pick through their lawsuit lets examine just TWO pieces of evidence that blows their lies out of the water. And I have heaps more to follow. So much for them selling me land with no promise of power.

First on August 9th 2021. Here is an email from myself to the closing company and Whitney Justice. They sent me a contract that overlooked our power agreement. So I jumped on it and emailed them to fix it. Extract of the email is below and its pretty damning. Sure proves their lies. Full email is HERE(document opens in a new window) 
We agreed that the interest will start from the date power is installed, can you please just confirm that fact? I'm not in a particular hurry for the power even though it was expected to be on by now, I just want us to stick to the agreement of paying interest from when the power is installed.
I was reading this contract and it appears under section 2(a) that interest starts at the install date or august 1st whichever is sooner.
This is not what we agreed, just want to double check first, many thanks

You will see above that I am complaining that I expected power to be on by now. Now if their lawsuit was in any way true, Whitney would respond saying something like "Sorry we are selling land with no power rights, you are on your own buddy"

Nope, below is her response. Full email is HERE(document opens in a new window) 

Terry,
Good eye! Yes, that was our agreement. It seems the lawyer added the August 1 date but please strike a line through, " Or August 1 whichever occurs first" and initial it. You do not start paying interest until power is connected!
Thanks,
Whitney

Again, does this sound like someone buying land with zero power rights as the plaintiffs (Whitney justice,, the author of the above email) are claiming in their lawsuit? 

Following on from paragraph above. Well I called it and I was right. I've just discovered its the SAME lawyer Eric Theile who drafted our purchase contract, messed it up, then had to insert the clause we had agreed about power. Including email from Whitney Justice to Lawyer Eric Theile clearly stating I was not to start paying until power is hooked up, regardless of when that is. the email can be seen HERE.(document opens in a new window)  Full extract is below

From: "Eric M. Theile" <>

Date: August 10, 2021 at 9:11:12 AM MDT

To: Whitney Justice <>

Subject: RE: Ferrari/ Ridgeback

 

Here are revised documents with today?s date. Interest to begin at installation

Separate Deed of Trust and Promissory Note for each property is necessary. We can discuss if needed.

Eric M. Theile
Beattie, Houpt & Jarvis, LLP
(970) 945-8659
From: Whitney Justice <whitney@coloradoarea420.com>
Sent: Tuesday, August 10, 2021 8:07 AM
To: Eric M. Theile <Eric@bhjlegal.com>
Subject: Fw: Ferrari/ Ridgeback
Eric



Would you please review the PN and DOT for this deal. Buyer says you added a line on the start of the interest that says August 1, whichever comes first. He was supposed to not pay until power is hooked up regardless oof when that is. Is it ok for him to strike that line and initial it? Or should we provide him with a new DOT/PN? Thanks, Whitney


This whole thing stinks. The same lawyer who messed up my purchase contract and then corrected it to add the clause about my promised power has drafted a lawsuit against me claiming I was being sold land with no power rights or promises when he knows by the above email he sent, that's a flat out lie. Now surely lawyers have to abide by a code of ethics and cannot actively participate in their clients attempted fraud (trying to foreclose on my land) when he knows full well their claims are false. Seems like Mr Theile has no morals or ethics just like Potch. I shall be making a complaint about this attorney to the Colorado Bar and his law firm (jvmlaw.com he's a partner so they will probably not care) and have my attorney point this out to the judge and ask for sanctions against this seemingly crooked attorney. Mr Theile has the front to lecture me in his lawsuit about due diligence. You'd think he would have done his own due diligence before filing a completely false lawsuit. Mr Theile will be added to the list of witnesses to be deposed in light of his unethical, highly questionable actions here.

 

I told their dufus lawyer over a month ago that I'm not an idiot and would never say anything false about someone. I would never 'defame' them without proof. Obviously he thought I was full of crap (just like himself and Potch). But no, I'm cut from a different cloth and I actually do tell the truth on my published blog websites. Not just that, but truth that I can back up with hard evidence, just in case some half wit lawyer rolls along and tries to lodge a false defamation claim against me. I know truth is an absolute defense against all defamation claims in the state of Colorado. I also know that as soon as I prove this blog site to be 'substantially true', that makes the defamation claim fail. Leaving Potch as proven liars in public court on public record. See below relevant Colorado Law Statute

CJI-Civ. 22:16
22:16 AFFIRMATIVE DEFENSE — SUBSTANTIAL TRUTH

The defendant, (name), is not legally responsible to the plaintiff, (name), on (his) (her) claim of (libel) (slander), if the affirmative defense of substantial truth is proved. This defense is proved if you find the statement(s) published by the defendant (was) (were) substantially true. A statement is substantially true if its substance or gist is true. Substantial truth does not require every word to be true.

The above statute accurately covers this blog website which I can easily prove to be substantially true. Am sure that any reasonable judge would agree once reading this blog site and the evidence/attachments contained therein. I should be able to get their claims dismissed before trial and then proceed to trial with just my claim remaining intact. Also their foreclosure case will fail in light of me proving they promised me power and no money is due until they provide it. So they rolled the dice here with a half assed claim, no substance whatsover, possibly thinking I was too cheap to hire a real attorney. Their mistake, he was retained weeks ago and has been working hard on the lawsuit. They will shortly be served with my evidence packed lawsuit and have a real court case to deal with. One that will be very expensive for them regardless. My dad always taught me to stand up to bullies. Especially those who try to steal from me. They have already stolen $100,000 from me which they will have to return. Now they are trying to steal my land and buildings as well.


I shall pick through their false claims in their baseless lawsuit below. Of course, my attorney will respond in court.


11. Mr Ferrari was provided with information regarding the phase 1 and phase II options offered by Poth and the difference between electrical services available at each, specifically that Phase 2 had no guarantee of available electrical service at all.
This is a flat out lie. I would never have purchased land with no guarantee of power. I was specifically told that power was 6 to 8 months out on phase 2. I figured it would take at least that long to build the buildings which is why I chose to purchase there. Thankfully I had the foresight to insert the clause into the agreement suspending payments until promised power was installed. They would never have added that clause had there been no promise of power. Lets see if they try to lie in court and say otherwise. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps interim power in June 2022


12. The statements provided to Mr Ferrari made clear they the parcels in Phase II were not guaranteed any power supply.
Another flat out lie. I would never have purchased for 100x market rate with no promised power. Same as above if that were true they would never have agreed to the interest suspension clause until power was installed. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps interim power in June 2022


14. Mr Ferrari, Through Ridgeback, elected to purchase the less expensive property option in Phase II instead of paying more for guaranteed electrical supply in Phase I.
Another lie. I was told phase 1 had power ready and Phase 2 would be in 6 to 8 months. I can prove this in court and look forward to doing so. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps interim power in June 2022


16. Potch was not obligated to provide electrical utility service under the purchase contract.
Another lie, hence the clause suspending interest until electric service is installed. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps interim power in June 2022


17. Potch made no representation to Mr Ferrari and Ridgeback in the purchase contract or otherwise about the availability of electrical power on Phase 2 parcels
Another lie. Which I shall prove in court. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps power in June 2022

21. Ridgeback proceeded with purchasing the Property knowing that there was no promise or guarantee of any electrical service at the property.
Another lie. Had this been true, 1) I would never have purchased for 100x market value. What would i be paying inflated price for??? 2) Had this been true at any point in the previous 2 years when I complained about my lack of promised power, either Whitney Justice or Mike Biggio would have said something like "WTH are you talking about, we did not promise power". They never once said this throughout our many many communications. They have just came up with this BS to try and win their case. I can and will prove their claims to be false. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps interim power in June 2022

24. On 16th November 2021, over 3 months after closing on the property, Mr Ferrari and Ridgeback provided SLVREC with a load letter setting forth their electricity needs at the property.
This is partially true, I sent it to SLVREC and Potch, Potch acknowledged receipt and said they were forwarding to power company.


27. Potch had no reason to believe Mr Ferrari and Ridgeback would require such and extensive power supply at the time of the purchase contract or would even need electricity service at all.
Another lie. Potch knew in April 2021, (4 months before purchase completed) that I was planning a power hungry indoor grow. It was in April 2021 they gave me info on the metal building supplier who went on to steal $90,000 from us. Also if Potch had no idea I would even need power, why on earth would they allow a clause in the contract suspending all payments until electricity was installed. It makes no sense and the court will see through such BS. Note, scroll up to hear the owner Mike Biggio promising me 1600 amps interim power in June 2022


Just look at it this way. Had their claim above been true (about me never needing power). I could have left the clause in there suspending payments until power was installed, then NEVER installed power via a utility company, perhaps installed off grid solar myself. Then I would never have owed them a penny after the first $100,000 I paid. Of course it makes no sense whatsoever and any judge with half a brain will see through Potch false and totally unbelievable claims. That's the problem with lies, they fall apart as soon as they are subject to scrutiny. NOTE: the same attorney who wrote all these BS lines in the lawsuits about me never being promised power and about them not even knowing I needed power, its the SAME attorney who messed up our purchase agreement and had to go back and edit it to include the section suspending interested until my power was connected. Lets see him explain his apparant flip flop on the facts to the judge oversseing our case. Ate best he's woefully incompetent, at worst he is downright corrupt. 


28. By the time Potch became aware of Ridgeback stated electricity needs, Ridgeback had already undertaken construction of a large steel structure on the Property.
Another lie. Potch were informed of my load requirements in November 2021. The below text is from Mike Biggio confirming receipt of my load requirements and saying he was passing it to the power company. 

Its clear from this text that Potch knew my power requirements in November 2021 a full SIX MONTHS before I started construction in May 2022. An easily provable lie. One of the many. Its also clear they were selling me land with power, otherwise why would I be sending him my power requirements and telling him it gives him an idea of how power hungry I will be. Essentially, Potch were arranging the power infrastructure with SLVREC as part of their agreement with me, that's why I sent them the power numbers. They were arranging the power lines, connection etc. I was just setting up the account with SLVREC for the billing, thats why I sent the power numbers to both Potch and SLVREC. Has they sold me land without promised power, I'd have only had to send the power requirements to SLVREC and Potch would have had no involvement or contact with SLVREC regarding my power. All this stuff if so straightforward. Their lies in their lawsuit are so unbelievable, they just do not sound in any way plausible when faced with all my extensive evidence that suggests otherwise. I'm certain nobody at trial will fall for them. Extract of the email is below, full email is  (document opens in a new window) 

Hi Mike
I have most of my power numbers at last. The HVAC ones will change as I'm not using the people they recommended, I would love to talk to your hvac people maybe we can make a saving on even bigger purchases
Our amp required are approximately 2336. This is excluding our curing chamber which I'm still waiting on plus the comfort HVAC for rest of building outside veg and flower rooms. But at least it gives you some idea how power hungry we will be.

I actually checked with Mike Biggio that 3 phase power was available when spending $30,000 having my buildings designed. He confirmed it was available so I had the designers go ahead and incorporate 3 phase into the design.


Text asking Mike Biggio about 3 phase is below. I have have audio of my telling him I asked about it and and he confirmed it was available. The actual audio of this conversation can be seen way down this page at the October 21st 2023 updates link.

27th November 2021 Email to Mike Biggio asking him which direction the water and power is going to come from. Again proving they were supplying BOTH water and power. Extract is below, full email is (document opens in a new window) 

Just want some advice if possible please
Do you know where on our plots the water will come in from and also the power please (not sure if you have power info yet)

Another text from Mike Biggio in May 2022. Stating he has some options for US about power. This is not the sign of someone who has not promised me power. Its the sign of someone who is stringing me along about power. I have countless similar texts, audio etc.

More texts to and from from Mike Biggio below. Confirming that I checked with Biggio before buying my lights that 3 phase 277v was available and he said it was (more proof they were supplying my power) Anyone in their right mind can see I'm being fobbed off here. Its certainly not the words of someone that has NOT promised me power.

Another text from Mike Biggio October 26th 2022. Hardly the sign of someone who had sold me the land with no promise of water or power.

Another text in May 2023. Still stringing me along. I've lost count of the amount of meetings they have involved me in. None have come to fruition. Again, hardly the actions of someone who had not promised me power.

Texts below to and from Mike Biggio. He incorrectly told me the drops were 400 amps. More proof they were supplying the power, otherwise he would have said "Why are you asking me"

More stringing me along in March of this year

Extract below is from email from myself to Mike Biggio in April 2021. It clearly states I will pay $50k in advance and $50k when power is connected. Hardly they sign of someone who has not been promised power. I also mention in this email in April (4 months before I completed the purchase) that I want interest payments suspended until lots have power. Potch would never have agreed to this interest suspension had they not promised me power. They would have said something like "What have you been smoking Terry, we are selling lots without power.


Extract from email from T Ferrari to M Biggio April 16th 2021
Also, please put me down for plot 123 and 128. If its OK with you I'd like to pay you $50,000 next week and $50,000 when it has power etc and is ready to be worked on plus start the interest from that date. We can discuss more when we meet but I'm open to doing the freeze dried deal if it works out for us both.

41. Ridgeback responded (via Mr Ferrari) to the above request stating it would not make the required payment, had no intention of making the required payment, had no intention of doing so unless Potch agreed to pay over $1 million to supply Ridgeback's Property with its electricity needs beyond that required by the partied agreement.

Another total lie. Remember I did not start this crap, Whitney Justice did when she demanded money that was not due on 30th July. I was reasonably happy to settle for a fair revaluation of my land in light of their broken promise plus some kind of reasonable contribution to my extra expenses that their broken power promise has cost me. I have never asked for a million bucks. I never mentioned any amount of money because Whitney Justice and SLVREC never told me the price SLVREC quote her to upgrade the substation. Yes the boss of SLVREC shrugged and said 'A million bucks' off the top of his head when I asked him how much for 3 phase power cables. But to this day I was never told the price that SLVREC gave to Whitney Justice to supply my power. As I keep saying, why would all these people at SLVREC tell me they gave Ms Justice a price for my power and she decided against it and decided to give me a crummy 200 amp supply instead, why is she giving thumbs up or thumbs down to my power when she had my exact requirements back in November 2021, was in the middle of arranging it, decided it was too high and without bothering to inform me, simply plumped for a crappy CHEAP 200 amp SINGLE PHASE drop instead. They knew my 2336 THREE PHASE amps requirement in November 2021, no way can they try to screw me with a crummy 200 amp single phase supply and pretend they have fulfilled their contractual obligations. Its not gonna fly and I'm sure the court will not stand for it once they view the totality of my evidence. Of course I could not write the amount of power in the original contract, I had not had the buildings designed or the load calculations done. But when they accepted them in November and said they would pass that to the power company, in my view, that is a continuation of our contract. It does not just have to be the original land purchase agreement. A contract can be a series of written and oral agreements modified over time with both parties agreement. At no time NEVER did Potch say to me that my power requirements were simply too high which they are now claiming in this lawsuit. Ms Justice decided to break her and Potch's promise and cheap out in the hope of keeping my money and leaving me high and dry. She made this even worse by not even bothering to inform me of this meeting and her declining to give me my power as promised. She watched me build my whole building whilst staying silent and left it to me to discover from SLVREC. And as you can see by my emails to her, never once she she deny promising me power. Its too late to try to do that now to win her lawsuit. All the evidence is clear for all to see. The simple fact is, she obviously figured SLVREC would install power easily just like Xcel did in phase 1. But they supposedly gave her a price to upgrade the substation that was simply too high for her to pay. At that point she should have done the right thing and informed me immediately and worked to find a solution, instead of staying silent and watching me waste over a million dollars building a building she KNEW she had turned down my power on and would be useless to me. Even her business partner Mike Biggio was honest when he said he should never have taken my money without a power solution in place. If you read this blog site, I have reminded them both of this statement TWICE in emails and nobody has even pushed back against it which they of course would have done had it been false. It makes my blood boil watching people tell bold face lies just so they can try to steal from me. Mike Biggio was right, they should have put the power solution in place BEFORE selling me the lots and promising me my power. I'm sure as hell not going to be the one paying for their mistakes. Justice is choosing to pick a fight using lies and deceit as weapons. I'm fighting back using truth and written emails. Notice they have not lodged ONE SINGLE EMAIL stating they never promised me power. Just as their lawyer would sure as hell put in contract if there were no power promised or power rights. I feel like a scratched record here but it beggars belief that they would ask the court to rule on something they are so clearly lying about. As I keep saying, if you are contemplating buying if this development, PLEASE READ THIS ENTIRE SITE AND SEE JUST HOW POTCH TREATS THEIR CUSTOMERS AND TRIES TO STEAL FROM THEM USING LIES. If you know anyone contemplating purchasing here, please show them this blog website. I wish I had found a site warning me of this (you can be sure I checked extensively) before I fell for the BS promises. Could have saved me all this hassle and over 2 years of hard work, all for nothing, just to have to whup their ass in court.

Even if you look at this from Potchs point of view their behavior sucks. They sold me land, promised me power, was sent my 2336 amp requirements in November 2021. This amount was accepted by Potch's Mike Biggio who as you can see by his email he said they would pass that onto the power company. They had meetings with the power company unbeknownst to me. Decided AGAINST giving me my promised 2336 amps. Plumped for a cheap 200 amp single phase supply which they clearly knew was unsuitable WITHOUT TELLING ME and sat back in silence watching me build my huge building they knew they had refused my power for. Now even though they knew I needed 2336 amps and they had promised it, they are trying to not only screw me with the unsuitable 200 amps single phase supply but they are going one step further and trying to foreclose on my buildings and land claiming the 200 amps is all they had to contractually provide. I have faith that the judge and jury will see through their lies, but as you can imagine, its a super stressful episode to have to even go through. All because a company lied to me and is trying to screw me. I visited and saw a supposedly thriving area 420 phase 1. I had no idea they had not setup the power supply for phase 2. My mistake was trusting this pair. I think the jury will have to weigh all the evidence, all the email promises, accusations etc. Along with testimony from SLVREC employees. And testimony from Potch employees and myself and my wife and the other relevant power company employees. They will then have to decide if they feel Potch really did live up to the letter and the spirit of our overall contract or if they are simply trying to screw me out of my investment. Its really a matter of who has the most supporting evidence, me with my stream of witnesses and huge pile of emails, texts and even audio which completely corroborate what I am claiming or Potch with absolutely nothing to corroborate what they are saying because its quite simply lies. Lets ask the 2 SLVREC employees how much they quoted Ms Justice for my 2336 amps 3 phase supply, and what Ms Justice said when she opted for 200 amps single phase supply instead. Lets also ask Ms Justice how she thinks 200 amps single phase is in any way comparable to 2336 amps 3 phase and why would ever think that would be suitable for us. Another important area to investigate. Who do the jury think was responsible for securing power. If it was ME as their lawsuit alleges, why on earth would Ms Justice be having all these meetings with the power companies and getting my prices etc. Why would she be saying yes or no to my power and why would SHE be the one choosing my 200 amp unsuitable supply. I think its crystal clear from these actions that Potch were fully responsible for my power , otherwise Ms Justice would have kept her nose out. Lets ask her how many plots she has sold without power where she eventually went on to meeting with power company execs to try and get power for the buyer and even took it upon herself to order LESS than 10% of the power the buyer wanted without bothering to consult with the buyer. I'm betting that will be NONE I think it will be an easy decision for the jury.

43. Since July 20, 2023 Mr Ferrari has launched the threatened smear campaign against Potch LLC to extort and intimidate Potch into paying for his additional power needs.

WTF!!! So now Mr Theile is accusing me of extortion??? He should not assume everyone is tarred with the same brush as his clients. Some of us actually believe in truth and real evidence and don't go around finger pointing, making unsubstantiated allegations just to deflect from their own clients actions. 

Readers, please read all the evidence above and judge for yourselves. I have heaps and heaps of similar evidence to PROVE they promised me power. NEVER ONCE did they deny it up until launching this lawsuit. They do not have a single statement saying they never promised me power, that's because its a complete lie. Had it been true, I'm pretty sure they would have been telling me this time and time again throughout my complaints during the past 2 years. Instead they were offering to sell me land cheap for solar etc. Anything to placate me. I'm confident of proving my case to a jury. I look forward to exposing Potch for the liars they are.


Potch are lying to the court and deceiving the court in this lawsuit. They mention time and time again above how they never promised power and had no idea I wanted power etc. If you look at pages 16 and 19 of the lawsuit, you will see an extract of our promissory note dated August 10th 2021. I have attached the relevant section below. it states "Interest on the principal balance will not begin to accrue until electrical power is installed at the property, as defined in the parties contract for Purchase and Sale dates May 29, 2021. ("Interest Start Date)." That does not jive in any way shape or form with them NOT promising me power and having no idea whatsoever that I needed power. You literally have a contract to purchase land here with a written caveat that interest and payments do not start until power is installed. The would only have inserted that clause if they had promised power and they were in control of the installation date. If this was something that I had any control or sway over, the clause would never have been allowed as I could have dragged it out for years. Courts are not stupid, they see contracts all the time and are well versed in contract law. They will simply not buy that even though this clause is clear in the contract, that Potch never promised me power nor were they aware that I even needed it. Couple that with the fact that I have complained many many times in writing about my lack of promised power and Potch never once said they did not promise the power I was complaining about. Potch must think the courts are dumb and will overlook such a glaring smoking gun. I credit the courts with enough intelligence to see through Potch's lies. Can you imagine Ms Justice UNDER OATH on the stand saying Potch never promised me power and them asking her to explain how this huge clause was allowed into the land agreement if they did not promise power and in fact had no idea I even wanted power. Especially under oath, should be fun to watch. Same as when confronted with the many emails where I complain about lack of promised power. Why did she not simply say 'We never promised you power'. That is what anyone would respond immediately had she been telling the truth. But no, never ever, not once did either Whitney or Mike ever say such a line because it would be FALSE. The jury can certainly read inferences into Potch's lack of mentioning this supposed not promised power for over two years despite my many complaints on that specific issue. They are going to try to convince the courts to believe their BS without one iota of evidence to support it. Am interested to see how that works out for them.

Just for extra clarity, the actual contract the note above is referring to is . It was dated May 29th 2021 and clearly states that interest and payments do not start until AFTER power is connected. Relevant extract is below. Again we are supposed to buy Potch's BS that they had no idea I even needed power. If there were no power rights included in the property, you can be damn sure their lawyers would have inserted that clearly into the contract, just as they did with water. I know that I have no actual water rights with the property, as the contract correctly states. But they said they would sell me water for their well at 5c a gallon which was good enough for us. I shall subpoena some of their previous lot sales agreements where power was NOT included (we know they have some) and see the difference in the contacts there. Another easily provable lie in court. I don't need them now as I have obtained a Potch sales contract without power, see 2 pictures below this one. 

Just to pile some extra proof on. To completely prove that Potch and their lawyer are lying. I have managed to obtain a contact from when Potch actually did sell land without power rights at a reduced price (just as they are claiming in their lawsuit). This contract was drafted by the very same lawyer who is lying in their lawsuit saying they did not promise me power when you can see above he inserted a clause suspending payments until they gave me my power. The contract extract below is what our contract would have looked like had he been telling the truth in the lawsuit. As you can see totally different contacts. Ours is promising me power the contract below which to be clear is NOT for my land but another piece of land that Potch sold with no power rights. Proves not only that their lawyer Eric Theile is lying, but also that he would have written our contract as below if he were telling the truth. Their case is total BS as you can see clearly here. They are going to be proved complete liars in court and online forever for the world to see. They thought I would roll over like their other victims. Big mistake. Its time Potch stopped lying and ripping people off. They could not be content with making millions on their land. These greedy fraudsters had to try and screw genuine customers as well. Their attempted fraud on myself is going to cost them many millions of dollars plus expose their lies and gangster style criminal acts to the world.

Either I've made up a pack of lies and am falsely stating that Potch promised me power. In which case, during the countless times I have complained to them about their failure to supply it, you'd think they would maybe, just once, have mentioned this fact. And I have constructed this elaborate fake blog website to extort money from Potch that I am not due. Or I'm simply telling the truth, and its backed up by literally piles of corroborating evidence. Potch's lawsuit has ZERO evidence and will not stand up to the scrutiny of the court. I don't have any history of lying in business. I prefer to earn my money honestly (unlike Potch who try and take if from their own customers under false pretenses) and can demonstrate that I have always keep my promises in business. I know however that Potch do have a proven history of letting people down with power in Phase 2 of area 420 as some have told me that directly. Plus I have Mike Biggio on tape admitting it. I can prove with these people that Potch has done it to others. Yet again more evidence showing who is likely telling the truth here.

Any damage caused to Potch LLC over this issue is entirely self inflicted. I have been super patient all along, gone along with all their delays and excuses. I never once kicked up a stink until they falsely accused me of breaching our agreement when I knew that to be 100% false. My business reputation for honor and integrity means the world to me and I was not about to have someone dishonest like Potch come along and blame me for their screw ups. Potch and Potch alone are fully responsible for any reputational harm they suffer as a result of this case and the ensuing publicity. If they ever want to resolve this case, the first thing they need to do is admit they are lying and they DID in fact promise me adequate power. Without this admission from Potch, any settlement negotiations are off the table. Either they admit they lied, or a jury can find they lied. I'm OK with both. I am effectively betting $2 million on the outcome of this case. I have budgeted for this case to go all the way to the jury, including the expensive cost of depositions of SLVREC employees, Potch employees along with other power company employees and other relevant witnesses. I'm expecting it to drag on for at least a year, which is fine with me. Almost every dollar I've worked hard for and saved throughout my life, I'm betting it all on this case because I trust that the court and the jury will see through Potch's 11th hour false claim of not promising me power. Only a complete fool would place such a bet if he were not telling the truth. I'm not a complete fool. I'm the first to admit that I'm a little crazy (to put it mildly) for posting all this stuff online, that's the autism in me. I suffer from Aspergers Syndrome, recently swallowed up by the autism spectrum. I despise confrontation, but have a laser focus for detail. It takes a lot to make me snap but when I do, I do not become violent, I simply vent online such as in this case. People with Aspergers despise liars and are known for being almost always truthful themselves. That's how I know the opposition won't trip me up with any lies because, unlike them, I have not told any. I know exactly what evidence I have and I know it will win my case. When the jury rule in my favor (which they will), they will likely be unable to find a monetary resolution for me to continue. Unless Potch somehow manage to supply me the previously promised power and they can simply pay me damages for my additional expenses due to their breach. In normal breach of contract cases when a simple monetary remedy cannot be worked out, the usual remedy for courts is to put the aggrieved party (myself) back in the position they would be had the contract not existed. That will include repaying ALL my $1.8+ million spent to date plus any damages they see fit to award (for example for my 2 years hard work laying and grinding concrete, installing framework etc). I would then walk away and Potch will be left with a $2 million building, not fit for purpose. (welcome to my world). They would also be proven liars on public record and have a $2 million judgment against them, This will likely affect all future outside investment as many companies do lots of due diligence before investing to make sure the company they are dealing with is a safe bet. The longer this goes on, the more damage will be done to Potch's business and their future sale prospects. Lets be clear, its not my defamation that is harming their business. This blog website is completely true and I'm certain the courts will agree with me here. Its Potch's false claims and fraudulent actions that are harming their business, all I am doing is broadcasting them far and wide. Yes I'm adding my opinion as to their behavior, but it's an informed opinion based on direct first hand experience of my dealings with these people. I hope this blog site does help prevent future lot sales until such time as Potch have a power solution in place. The longer it goes on and the more this news spreads, the harder the genie will be to put back in the bottle. Again, it will be only Potch to blame should this come to pass. They have caused this entire issue by falsely accusing me of breach of contract when it was themselves who actually breached it. Only a fool would burn down their own lucrative business rather than honor a simple contract, but ho hum. Their false accusation has forced me to resort to litigation to remedy this issue. Lets have a trial, let the experts fight it out, let the judge and jury make the legal decisions. Whoever is ruled in the wrong can simply pay the other party lots of money in damages. 

UPDATE 18th September 2023. My attorney has officialy entered the court case on my behalf. His notice of appearance can be seen (document opens in a new window) Now readers will see proper substantive motions with merit filed with the court, not the bullshit meritless motions filed by Potch's useless attorney. I can guarantee readers that this blog site will not be removed by the courts. I will explain in detail why I know this after the courts have ruled on it. I'd hate to spoil the surprise for Potch. There's only one way this blog site ever possibly comes down and that's if Potch start telling the truth and stops making false accusations against me. Failing that, it can stay online forever as far as I am concerned.

 

OK readers big updates today (27th Sept 2023). I have been silent recently dealing with a false protection order that Mike Biggio filed against me. Him and his business partner used false death threats that had my name on but did not come from me to not only file a false police report but Mr Biggio went a step further and committed perjury by falsifying testimony on the protection order application to convince a judge to issue the order. As I said weeks ago if you try to smear my reputation with lies, I sure as hell will come after yours with the truth. So before I dig into the protection order application let me tell readers what happened in Salida court today. I had all my evidence ready to prove Mr Biggios lies and he was too afraid to come and testify as he knew he had lied. He was already aware that I had discovered damning evidence against him, so he was too scared to show his face in court. Did not matter, I explained to the judge some important things including that Mr Biggio has had THREE protection orders issued against him since July. He was also due in Saguache court at 1pm today to face felony\burglary and assault charges. I also produced his extensive criminal record. Not only did the judge dismiss the order with prejudice which means he can never use those fake threats again, but she also said if he filed for any more orders she would order him to appear in person first and interrogate him about this and other matters. Also, note Biggio, his elderly mother and young child were on the protection order. What about his poor wife. I saw them together later that day, why was she not included on the order? Does he not care about her safety?  My bet is she knew it was bullshit and did not want to risk the charges that Biggio is now facing. Hopefully the judge can look into that.

First lets deal with Biggio's illegal protection order application. The application can be seen (opens in a new window).  If you read it you will see that it asked if he is under any protection orders himself. Under penalty of perjury he lies and says NO. I have located 3 protection orders issued to Mr Biggio since July and at least two are still active. (most people go through their entire lives without getting a single protection order issued against them, this dangerous man has had 3 issued since July) So I am asking the court to press charges for perjury. This is a very serious issue. Biggio used lies (regardless of the fake death threats, but lies saying he had no protection orders against him) to convince a judge to issue a protection order against a totally innocent man (me) for supposed death threats. The judge told me the death threat was taken so seriously that is why she had a deputy stood right behind me. Biggio needs to be punished for this to the fullest extent of the law. Whitney Justice is complicit as well as both Biggio and Justice filed the false complaint with Snowmass Police. I'd bet my life that although Biggio likely faked the death threat, Ms Justice knew it was false and went along with filing the false police report in Snowmass. The Snowmass cop told me that both Biggio and Justice had reported the (fake) death threat. That would make her criminally liable as well. (My experience with Whitney Justice tells me that she is just as dishonest as Mr Biggio. She tried to steal my land illegally knowing full well she had promised me power and therefore was in breach of contract herself so had no legal right to try to foreclose on my land.) The reason they did not file it with Saguache Police was Saguache deputies have been called out regularly on Biggio because he keeps threatening people and Saguache judges have issued multiple protection orders against this thug, more on that shortly. had they turned up at Saguache Judges door with fake death threats and protection order application, she'd have likely placed them in handcuffs. Biggio states in his protection order application that he initiated a foreclosure action on my land August 27th and I retaliated by publishing a disparaging rant on this blog website. A lie. This blog website was launched at the beginning of August when Biggios partner Whitney Justice falsely accused me of breach of contract. He further lies and says I threatened him by posting a phone recording of him on my blog site which was recorded without his knowledge, implying a) That's its a threat and b) I've done something wrong as it was recorded without his knowledge. Lets clear this up, Its not a threat to post proof of someone telling you a lie. Its a threat to gang up with your buddies and threaten people with assault rifles. Very different things. Also, Colorado is a one party state which means that any one party can record either telephone or normal audio conversations without the others consent. I did not record phone conversations but I was entitled to. I recorded 2 meetings at the train cars (which Biggio is now not allowed within 100 yards of) each of them were over 40 minutes long. Others recorded telephone phone calls and I am in possession of those recordings, all perfectly legal in Colorado. Unlike threatening people with assault rifles which is ILLEGAL. Unlike an ex felon being around people with firearms which is ILLEGAL. He complains his attorneys calculate that I spend 14 hours a day on my blog website. For once this man speaks the truth. This is now my full time job. If you lie to me and try to cheat me out of my $1.8 million investment, you bet I'm gonna spend many hours every day proving you to be a liar. I am billing Potch for all my hours, this stuff is already hugely expensive. He says I sometimes make 200 edits daily, How did they discover all this information? Their supposedly clever attorney is using software to take regular snapshots of my blog website. Well he was. Since I spotted this software interrogating my server, I have blocked it. Now it just gets 'Access denied' message when it tries to access it. Its my bloody blog website and I'll make a thousand edits a day if I choose, its none of their business. Again if you tell lies on me I hit back with the truth. That's the crucial part to remember here  readers, Every word on my blog site is true to the best of my knowledge and because its true, there is nothing Biggio or Justice or their crooked lawyer Eric Theile can do about it. All they do is bleat and moan and make false allegations against me which like today in court I proved to be false and its their reputation that suffers not mine. Bullshit may get you in the courtroom door, but truth and facts always win once you are inside. I have taken extensive steps to shield myself against all future false allegations. Next time they make one, it will backfire much quicker than this time. He speaks about being worried about death threats for him and his elderly mother. Well read on and you'll see why that is complete BS.

First, let me address the 3 restraining orders. They make shocking reading, Biggio and his gang threatening people with assault rifles, blocking people in their business so they required police escorts to escape. Extortion, gang violence, disconnecting power to a business and attempting to extort them into selling to him for $75,000 when they have paid $200,000 for it. Biggio even made more threats by text after his arrest (how dumb is that?). I have obtained video with Biggio and 4 of his henchmen attacking a man at area 420. One of Biggios henchmen is armed with an AR15 assault rifle and wearing an MED Owners badge, the victim has nothing but a small bat to protect himself. That man has a ton of courage standing up to these thugs that's for sure. At the end of the video bully Biggio and his friends violently assault the man, its one of the most shocking videos I've seen. After violently attacking him, they threaten him whilst he is on the ground telling him to stay down etc. They then remove items from the property which results in Biggio receiving felony burglary and assault charges. Truly truly shocking behavior. Makes no difference if they did or did not have any legal right to be there (that is still in question), there is never an excuse to treat another human being in this way. Remember OJ Simpson? He took a gun to a hotel room to retrieve his own stuff that someone had stolen. He got 33 years prison for that. People have no right to threaten others with firearms unless their life in danger which Biggios and his thugs clearly were not in any danger as they are ganged up 5 to 1 on the victim. There is simply no spin anyone can put on this vicious attack to make it in any way acceptable in normal society. It may be acceptable in Biggio's gangland world but normal members of society are sickened by this abhorrent behavior. Anyone that does any future business with Potch under its current ownership, will be directly funding this gangland behavior. Biggio uses the money from his overpriced land sales to buy his way out of trouble. The only thing worse than a gangster is a rich gangster who thinks he is above the law. 

Video is below (much clearer than before), if it does not play in your browser, you can download it or .

So there you have it readers, 100% proof, the owner of the largest commercial co-op's in Colorado, caught red handed violently assaulting a member of the public and taking items from him. The victim was badly beaten and hospitalized. An owner with one of the longest criminal histories you have ever seen. A convicted felon not allowed to be around people with firearms yet a hired gun holding a assault rifle right next to him. Biggio and his 4 bully friends, real tough guy five guys on to one. At least one of them holding a deadly weapon and wearing and MED issued owners badge. Notice one of the thugs drops the rock he is holding half way through the video, as if the assault rifle and the 5 against 1 is not enough of a threat, this joker felt he needed to arm himself with a rock as well. Please share this on social media in the hope we can finally get someone in authority to come in and clear this mess up.

Screenshots of the attack are below, 1st is Biggio, 2nd is the guy holding the assault rifle

 

Tens of millions of dollars of business going down the tubes because its being run by liars and thugs.  Most business owners in Area 420 are honest hard working people trying to earn an honest lining. Its being spoiled by a handful of bad apples. Any company whose officers do not respect the law and cannot tell the truth does not deserve to stay in business. Plus companies hate doing business with people with prior bankruptcies as they know they could be screwed as well. If Potch ever wants to fix this mess 1) Stop telling lies, 2) Stop acting like thugs and gangsters 3) Start treating your customers with they respect they deserve. You have become rich because of your customers trust in you. Stop treating them like shit. Without loyal customers, you are nothing. Potch forced me to dig up this wealth of overwhelming evidence that will totally and utterly destroy their credibility in any court. They tried to impeach my character by setting me up for the fake death threat. That gives me the right to impeach theirs which I think I have totally and conclusively accomplished. I have a ton of other evidence as well all recently obtained. I'm not going to post it on here. Its not needed. The whole world can now see the truth and make their own minds up about Potch, Justice and Biggio. I think Biggio may be due a spell in prison first but that's his own doing. I hear he was just too strung out on drugs in July when he did most of the crazy shit. That's a choice he made, its led us all here and we can move forward and deal with the issue in court. Its no more "he said, she said". Its more "he told the truth and they are full of crap, proved!!". I told you all 8 weeks ago that these liars were not to be trusted. Now I have 100% proved it so there can be no doubt.

Much of my evidence comes from public records, you just have to know where to look and which methods to use to obtain certain types of information. I have used other legal methods as well, I too have some friends in high places. 

Copy of the 17th July protection order against Potch owner Biggio is below. Bear in mind most people go through their entire lives without getting a court protection order against them for threatening people, this thug has 3 separate protection orders in the space of a just 5 weeks. (click picture, full document opens in a new window)

Copy of the 19th July protection order Potch owner Biggio is below (click picture, full document opens in a new window)

Copy of the 24th August protection Potch owner Biggio order is below (click picture, full document opens in a new window)

Copy of the felony charges Potch owner Biggio are below  (click picture, full document opens in a new window)

Next, let me once and for all dispel the myth that Biggio has created portraying himself as some kind of folksy hero. He pretends he was unjustly jailed for 8 years for marijuana dealing and this is now legal, he argues he should not have been jailed at all. This story is spread far and wide on the internet, most journalists who do a story on area 420 repeat this bullshit. Well let me set the record straight with the truth. The sentence was not just for drugs, he received 5 years for assault as well as drugs. Looks like he got released and violated parole and was dragged back to prison. But the real story of Biggio's past is that he is the very definition of a career criminal. His previous arrests include First Degree Assault,, Contempt of Court, Criminal Extortion, Criminal Conspiracy Felony Assault, Felony use of Stun Gun, Felony violation of bond, Conspiracy to distribute Marijuana, Felony Aggravated criminal Extortion, Felony 2nd Degree, Assault, Domestic Violence, Failure to Appear, Felony Property Damage, Contempt of Court Violation of Protection Order, And many more charges as well. He uses a number of aliases and even two different dates of birth. If you examine his record he has had many arrest warrants out for failure to appear. He has zero respect for the law or authority but is constantly crying to them for help when things don't go his way. Mike Biggio is probably the most dishonest man I have ever met.  His full rap sheet is 12 pages long and can be seen below  (click picture, full document opens in a new window)

More shocking is his business partner Whitney Justice and his lawyer Eric Theile are both fully aware of this mans lifelong criminal past. I'm told Ms Justice bailed him out of jail for his recent felony offences. She also joined Biggio in filing the false death threat report against myself (though not the false protection order) so is equally complicit. And as for Mr Theile he lied to the court saying they sold me land with no power rights when it was Mr Theile himself who inserted the clause in to the contract stating payments do not start until power is connected, the very opposite of no power rights. Even though Mr Theile, a partner in JVAMLAW.com, knows this is all true, he tries manys way to get this information taken down, legal threats etc. But as you can see its still here because its all true. Mr Theile is equally to blame for enabling these losers and protecting them.  People should be protected from these people lies and false promises. I've actually seen a letter from Mr Theile to a business owner that Biggio continually threatened. Mr Theile trying to smooth things over by saying that Biggio will not come near the property again and the owner can just deal with Whitney Justice in future. He says that if Ms Justice is not available, he will step in to help to prevent Biggio going there. This shows how all 3 of them are in it up to their necks. That's why I call him Crooked Lawyer, also because he knows his is filing false paperwork because he drafted the contract promisingme power. Whitney Justice is equally responsible for this mess, she was the first one to accuse me of breach of contract when she knew full well that both her and Biggio had continually promised me power since before buying my land right up to earlier this year. Also, don't fall for her poor me pity stories she is spreading. I'm told she has a morality clause in her business agreement with Biggio. She could have ditched this loser ages ago but has chosen to hitch her wagon to his so they both share the blame. These people have spent too long operating in the lawless town of Moffat. They think they can pull this crap in the rest of Colorado, spreading their lies and bullshit. They are about to discover that unlike their fantasy land, the real world has severe consequences for such lawless behavior.  I have so much more information than any of them realize. If anything happens to me or my wife, not only will all roads lead to them, but my family overseas will see this stuff through to conclusion. So I'm not worried about these gangsters threats. Also, The county Sheriff is my neighbor. He has SWAT teams ready at a moments notice. SWAT teams eat thugs with assault rifles for breakfast.

I've met other business owners at area 420 that he has threatened since our dispute started, I will testify in their cases and they will testify in mine. Their reign of terror and lies is about to come to an end. I've heard stories of them using the town compliance officer to order audits to retaliate against people he is having disputes with. I've heard that two town officials have recently resigned after being accused of being involved with Biggio's attempts to extort people. I have amassed a pile of allegations against Biggio, Justice and Potch. I have passed these allegations to agents at the Marijuana Enforcement Division and asked that they investigate these serious allegations and take steps to clean up this lawless town where Biggio and his henchmen are left unchecked to run rampant. Remember the video above is not an isolated incident. Read the restraining orders, Biggio repeats it time and time again. Its his MO. Read his extensive criminal history. Its what he does, its all he knows. You can take the man out of the hood, but you cannot take the hood out of the man. Biggio belongs in prison which is full of gangsters like himself. At the very least he should have his MED issued badge revoked and be banned from Area 420. Decent law abiding business owners should not have to deal with the antics of Biggio and his gang. 

If you read Biggio's recent facebook posts, you will see him boasting about hiring a cop to head up the new Police department in Moffat, He is already using this proposed hire to threaten people and the guy has not even started work yet. Plus Biggio said to me (which I will swear on oath) about 2 years ago, that he intended to hire a cop to do his bidding in Moffat. He said the cop would be his b*tch. He even said that he would instruct the cop to give speeding tickets to everyone racing down Highway 17 EXCEPT those businesses at area 420 with an owners badge. As a business owner with a badge, you'd think I'd welcome that. But in reality that not how the law works, it has to be applied equally. Corrupt law enforcement is worse than no law enforcement. Hooper, The sleepy town a few miles down the road has no law enforcement and virtually no income from taxes because most people have moved away. The Sheriff of Alamosa County, he told me that when his deputies stop vehicles in the tiny stretch of road on Highway 17 that Hooper covers, he lets the town of Hooper keep the revenue from the speeding tickets to go towards their empty coffers. That's how decent law enforcement should work. Its a far better alternative than corruption. Perhaps Saguaghe Sheriff should consider something similar to Moffat.  Although, Moffat is getting quite decent income from the businesses at area 420. However, I have spoken to some Moffat residents who are unhappy with Potch, Justice and Biggio for all their failed promises to share the wealth with Moffat. They promise to upgrade the town infrastructure etc but most promises have come to nothing. I know first hand about their broken promises, which is why I am headed to court with them.

Its exactly the same with the power. I have spoken to almost every power company that Potch has spoken to whilst they try to solve the power issue. Most of the power companies say the same thing, the reason they are not investing in Area 420 is Potch themselves are unwilling to share any of the cost. Potch are expecting all the companies to come in and stump up all the cash, whilst Potch don't part with anything but continue to sell their overpriced lots. I tried to explain to Ms Justice many times that she need to invest in the power infrastructure and she could  make a killing on the lots here. But nope, she knows best, that's why myself and others are all starved for power and she may have fat pockets now, but they won't be getting much fatter unless she reaches into them and contributes in some way to the power. She could even partner up with some power companies and jointly become a power provider for the businesses at area 420. Talk about safe investment. A captive group of customers all power hungry, all willing to sign long PPA's (Power Purchase Agreements). Win win for Potch, they sell a heap more overpriced plots and make a killing on the long term power usage as they have invested in the infrastructure and so they share in the power profits. But Potch refuse to do what's right and are just focused on filling their own coffers. Instead of doing things the proper way, Potch are instead trying to take the short cut and rip off customers such as myself. That's a mistake they will regret and they will end up paying for when they lose their court case with me. Also, no investor will invest in area 420 with all this lawless gangland crap that is going on. The only way to attract any decent investment is to clean house and start afresh.  

After discovering all the criminal and gangster history above, its now clear to me that Mike Biggio has been lying to me all along. Stringing me along whilst he either tried to solve the power issue, or he had no intention of solving it. Either way I have enough concrete evidence, emails texts and voice recordings, to prove my case. He can lie all he wants on the stand as can Ms Justice, I have enough sold proof to nail them both. I also believe that Potch, Justice and Biggio are trying to extort my business from me just like they are trying with others and have had some limited prior success. I'm told the planned extraction facility next door to me (the same one I lent all my expensive equipment to free of charge during construction) that Potch were partners in. The investors lost most or all of their money when Potch let them down on power (sound familiar??) and they ended up walking away. Looks like they are trying the same with me, but I'm going to fight them to the end and make sure they don't get to pull the same stunt again. They really do act like mobsters, they expect to have shares of everything. That's not how it works. If someone buys land off you for a business, that's it, its their land and their business and Potch can keep their grubby mitts out of it. 

Update October 2nd 2023

I've now met all the people who have protection orders issued against Mike Biggio. I've spoken to them at length. They all tell similar stories, Mike Biggio trying to extort them. The guy Biggio assaulted in the video had almost $100,000 worth of cash and goods stolen from him by Biggio and his thugs. Not content with that, Biggio is still spreading lies about the victim on his Facebook group. See below. These are decent hard working people who Biggio is trying to steal from. The walls are well and truly closing in on Biggio, Justice and Potch. 

     

Notice how this lifelong criminal uses the same BS he tried to use against me, claiming he received death threats from him as well. I've asked Snowmass police to press charges on Biggio and Justice for filing a false report. Its obviously BS. Most normal people never receive a death threat, yet Biggio is asking us to believe that he gets them weekly. If Snowmass Police refuse, I will ask the FBI to instead. Apparently they are involved because stupid Biggio faked his threat from me to come from London (even though CBP can confirm that I was in the USA at the time so could not have sent it). Snowmass cops said this made it international and led to the FBI being involved. I don't care who charges them but I want  them prosecuted. What Biggio does with people he falls out with, he bad mouths them across area 420/Moffat and spreads lies about them just as you can see in the posts above. Yet you can see the video higher up the page when Biggio and his thugs are attacking the same guy. Don't believe a word that comes out of serial liar Biggios mouth. Do your own research. As for domestic violence, people in glass houses should not throw stones, read Biggios extensive criminal history above, he has domestic violence in his. Also, notice how many very very serious charges Biggio has had dismissed. Some of them he was facing years in prison. Now ask yourselves why do you think that could be???? Just sayin..   

I'm aware Potch have been complaining about my blog site. They would rather keep the fight in the courtroom. I bet they would, so they could continue to fleece unsuspecting buyers just as they did me. Well they should have thought of that before that went around telling lies about our agreement, faking death threats and committing perjury to get a judge to issue and invalid protection order. They chose to fight dirty and I choose to fight clean but I choose to fight publicly using just the truth and my blog website as weapons. The pen is mightier than the sword, or in Biggio's case, the assault rifle. The way they are acting I am inclined to leave this blog site online forever regardless of the outcome of the court case. By outcome, I only mean if I win by settlement or if I win at the end of the trial. There is no way I am going to lose this case, the evidence is just too strong in my favor. These clowns have zero credibility, there is no way anybody is going to believe a word they say once we bring out the criminal histories and the antics they have used up to now. I have solid evidence, they have nothing. Because of all the underhand dirty tricks and lies Potch have resorted to, I think I'll just leave it in place regardless. It might make them think twice before trying to rip off the next customer. 

Update October 6th 2023 My attorney has filed a comprehensive motion to dismiss most of their ridiculous claims. He tore their case to pieces. The foreclosure claim is legally invalid which their lawyer would know if he was competent, also the defamation claims are legally invalid. That just leaves their breach of contract claim which we are happy to leave in place as we will be submitting my large breach of contract claim and the case can more forward to eventually decide whose claim is valid and who's is full of crap. As I said before, bullshit gets you to the courtroom door but truth and facts win once you are inside. As soon as this motion is ruled on, we are filing my hefty counterclaim. Unlike Potch, I actually have an attorney who is skilled in the law, has morals and ethics and takes his job seriously. Their lawyer is happy to file BS claims and to lie to the court at will. 

Copy of the motion to dismiss defamation claims and foreclosure claim is below (click picture below, opens in a new window)

Copy of exhibit 1 is (opens in a new window)

Copy of exhibit 2 is below (click picture below, opens in a new window)  Whitney Justice "We are working hard to get all Phase II clients power". So much for their lies about not promising power. Notice she does not say "We are working hard to get all Phase II clients except you power, because we sold you land with no power". As I keep stating Whitney Justice and Potch are provable liars. Their lies will continually come back to bite them throughout this lawsuit when they will end up having to pay a massive penalty. As soon as we call the SLV engineer and admin representative to the stand, they will rightly testify that they gave Whitney Justice a price for my 2336 AMP 3 phase required power (exactly what they both told myself and my wife last year) and she declined that price and instead elected a crappy 200 amp single phase supply instead (knowing it was not in any way suitable for my 3 phase equipment), they lose the case at that very moment. Not to mention Biggio himself on tape a few days later promising me 1600 amps of TEMPORARY power just to see me through until they get my promised 3 phase 2400 amps.  All the other emails, text messages and voice recordings that I have of course back up my claims, but the SLVREC power company evidence is an arrow to the heart of their case. Plus they destroyed any credibility at the outset by their fake death threats, Biggio's perjury in obtaining the TRO and Biggios lifelong criminal history. Facts are facts and lies are lies. People will have zero trust in this dishonest company by the time the trial concludes. Most already see the truth but the trial will convince the remaining holdouts. There is no point in them trying to fake any evidence or tamper with witnesses, that will only get them in more trouble with the courts.  

Copy of exhibit 3 is (opens in a new window)

Another new exhibit is below, Its direct from SLVREC management October 4th 2023 confirming that I have a 200a supply "Per agreement with the developer". Once again more proof Whitney chose my crappy 200a supply, she arranged it with SLVREC and she can explain herself in court. Why she has continually lied and caused all this mess. It also shows Biggio lied when he said he was getting me 4 x 400 amp supplies. Him and Whitney are the developers as partners in Potch. Biggio promised me 1600 amps temporary but arranged 200 amps with SLVREC. They would have been better off spending the hundreds of thousands of dollars this case will cost on putting it towards power instead of fighting a case they have zero chance of winning and will kill their reputation forever. But this should be an example to readers of the lengths these liars will go to just to avoid keeping their word. It should be clear to all they are not to be trusted.

Copy of the email is below (click picture below, opens in a new window)

UPDATE October 17th 2023 There has been lots of activity behind the scenes. I cannot say too much on here as I don't want to jeopardize any of the many tentacles of the various ongoing investigations. But I can share this news with readers. As predicted here a week or so ago, more charges are headed Biggio's way on the 25th October. I'm told they could be even more serious than the previous Felony Assault and Burglary charges. Also he is due in court in two days time where an application is being made to have one of his temporary restraining orders made permanent. And rightly so in my opinion. The general public deserve protection from gangs who freely brandish weapons. I'll post details of Biggio's new charges shortly after his hearing. Please share this blog site with your friends, help spread the word that Biggio, Justice and Potch should be avoided by those who wish to avoid this gangland activity. Details of both his upcoming hearings are below.

Update October 19th 2023 Biggio was in Saguache Court this morning for his restraining order hearing. Despite bringing his attorney and blatantly lying in court, he LOST the hearing. Biggio is now permanently restrained from Mr Negrin, his family, his home, his business at Miracle Farms and his train cars. As I've said throughout this blog site, lies do not wash in court. Yet again Biggio, committed perjury today and I can prove it (just like he did with the Salida judge). I am obtaining transcripts of today's hearing to use both Biggio's recent perjury offences against him in my civil case. The fight continues, it will not end until we rid Moffat of the gangs and lawlessness.   

Update October 21st 2023 Many people have mentioned how shocked they were to hear Biggios false promise on audio above to give me 1600 amps. Anyone in the legal field will know a verbal promise is viewed with similar weight to a written promise, even more so if its recorded. I've finally found time to dig through some of my audio recordings with Mike Biggio and I want to post some more clips and transcripts. Just so readers can see how much he strung me along with bullshit, pipe dreams and completely false promises. Bear in mind their crap lawyer is stating in their lawsuit they sold me plots with no power and had no idea that I even needed power. Keep that in mind as you listen to the crap that comes out of Biggios mouth.

I'm posting these clips from just one of the many meetings we had. I want readers to get a solid idea of just how much bullshit, stringing me along and broken promises I had to deal with. These clips are from a meeting on 28th June 2022 just after I heard Whitney had turned down SLVREC price fro my 2336 amps 3 phase power and plumped for a completely unsuitable 200 amp single phase power drop instead. I also have over 40 minutes of audio from an October meeting with Biggio, filled with more empty promises. I'm saving that audio for trial, I want to withhold some surprises for them. 

Clip below is from near the start of our meeting, more empty promises and stringing me along.  If the player below does not work in your browser, the audio clip itself can be downloaded


Transcript of the audio clip above is below

Terry Ferrari: So How are we doing yeah? I’m sorry about yesterday, I was really fucking stressed out yesterday. I got that email you know threatening me with lawyers and I just like lost the plot you know. I hope you know where I’m coming from you know what I mean, that’s not me
Mike Biggio: Yeah and I’m just catching up on this and yeah, you know yeah, nothing good ever comes from getting attorneys involved
Terry Ferrari: Yeah I totally agree. That’s what I said to Pammy on the way up here. We always try to avoid it whenever we can. We’d much rather be partners than fucking butting heads, you know what I mean. We’ve just got to try and work whatever the best answer out here is. 
Mike Biggio. Exactly. I don’t know exactly what the resolution is for this you know. I don’t even know I mean we share, we have the same goals. We need power over there um so I don’t know if I told you but it looks like Ben and Derek are somehow bringing that project back from the dead
Terry Ferrari: What the extraction…?
Mike Biggio: Yes. Its actually full circle now, one of the first um this guy Peter who was originally looking at doing the deal, he had the delta 8 lab. Inaudible but now they’ve banned it all across the country. So he’s got two million dollars worth of extraction equipment that he needs a home for immediately. So he is in a desperate situation. Ben is in a desperate situation. I think he’s like four and a half million dollars into that project and that shit came in at like a quarter mill with the original. They made a series of left turns there. My point being I mean they are in the same boat, they need power right away as well 
Terry Ferrari: Right Yep
Mike Biggio: I told you that I have a new contact that I’m working on the Xcel Energy representative they gave me like a third party that does rebates and they have a program where we wouldn’t be paying um taxes they give us like, its like a whole new for the cannabis industry indoor agricultural program. She has a lot of connections in the alternative energy arena. She’s coming down here on Tuesday with some of her partners to look at putting a project together. And then tomorrow I don’t know if you know this guy? Have you ever heard of this guy Marty Hale? Or this guy Dan Brozerian
Terry Ferrari: No
Mike Biggio: They are these crazy, crazy billionaire guys that are making a move into cannabis they were big social media they got in the CBD industry, well anyhow, he’s flying out here tomorrow
Terry Ferrari: Right
Mike Biggio: And I’m looking at the proposal is for them to come in and fund the alternative energy project
Terry Ferrari: Yeah
Mike Biggio: So go back to RWH for everything that they are offering but actually put the money on the table. 

Second clip from our meeting is below. Its like listening to a bloody snake oil salesman. Constant stream of BS. Just trying to placate us. Its so clear looking back now with the benefit of hindsight. Not sure how I threw them a curveball asking for so much power, they were told our exact power needs in November, they had 6 months from November 21 to May the following year til I started construction to do the right thing and tell me they could not supply it. Instead of keeping that info to themselves and watching es build a building they knew we could not use. If the player below does not work in your browser, the audio clip itself can be downloaded


Transcript of the audio clip above is below

Terry Ferrari: And if need be, I can pay for the equipment for 3 phase, I can do that at my end, I knows its expensive the transformers, but I can buy it if I have to. Do you know what I mean?
Mike Biggio: And switch over. I guess that would be the next question is how much of that can be converted into 3 phase
Terry Ferrari: Yeah. And if it possible, I mean its just and idea
Mike Biggio: If its possible
Terry Ferrari: But how knows yeah
Mike Biggio: And that’s. I will email other Terry over at SLV and ask that question, if they will let us just coming to one big…
Terry Ferrari: Yeah and if they say we don’t care if you convert it at your end, I’ll pay for a transformer either off them or another company. I know that when we first spoke to um, when we was looking at a plot just down the road in Mosca or whatever it was. They said at that time, we can run you straight in for the normal drop, but if you want 3 phase you’ve got to pay extra for the transformer and they said it ain’t cheap. I mean I don’t care Mike at the end of the day I’m so fucking fully invested in this, if it costs me some extra somewhere I’m not going to necessarily come crying to you guys. Lets just try and solve it as a team I mean you know what I mean. I mean if we can do that I can probably get enough growing to earn a living while we fix it all. That’s all I care abut long term. You know what I mean?
Mike Biggio: So I’m going to reach out to Terry as soon as we’re done here and ask that question. The permanent solution and I think this is where this is going? Have you seen these flow batteries? Did you see what they just did up in Ft Collins over at the base? I’ll try and send you the article. I think the technology is there’s, so the 2 companies
Terry Ferrari: Yeah… Right
Mike Biggio: Um 8270 solar and a representative from Excel Energy is coming down next Tuesday. This is the kind of projects they are working on.
Terry Ferrari: Is the flow the kind of storage that stores the energy for the night or whatever 
Mike Biggio: Yeah So I’m trying to pull this up. So what they is they are just big containers. Sometimes they put them in shipping containers, these new ones look like little main water storage tanks. 
Terry Ferrari: Yep
Mike Biggio: And its just a basic saline solution in there. That saline solution last for 25 plus years and you can just change the solution out.
Terry Ferrari: Yep
Mike Biggio: But they just built a 10 megawatt 10 hours station which I think is exactly the size that would be good for us to start with um up on the military base up on Ft Collins. 
Terry Ferrari: Yep
Mike Biggio: It just went into production, I mean the technology is there and we have the solar for it so to me that finds hand in hand with agriculture because we don’t need it you know during the day we’re good. We’re brining power in from the sun.
Terry Ferrari: Yep
Mike Biggio: But we need a bank of 10 hours power
Terry Ferrari: For the night yeah
Mike Biggio: So I think that’s where this is going, that’s the discussion that I have with this investor tomorrow.
Terry Ferrari: Yep
Mike Biggio: Is putting that in, I mean cos even after we bought in the SLV grid I mean it just a raw deal I mean these power companies have a monopoly. They charge you to build their infrastructure for them
Terry Ferrari: They rebate some of it back if you get a big outlay like that? I mean that’s what the guy told us if you had to like put a big lump up he said they give you so much back per year for the first three or five years or something. On your spend. Or does that only go to the customer? What did they say to you about that?
Mike Biggio: That goes to the customers
Terry Ferrari: Well that’s no fucking good to you is it. You don’t want to lay out all that shit load of money and it all goes back to the customers who’s got his land. You’’’ have to bulk up the land price or something to cover it won’t you?
Mike Biggio: It’s a crazy conundrum 
Terry Ferrari: Yeah
Mike Biggio: The other the one nice thing about SLV is they do have the capacity and apparently they are the highest paying for back driven power so that’s why these companies are interested in doing it. Mike Yore has and RFP in with Xcel on this side of the complex to do this but Xcel is man they are greedy they are hardly paying anything.
Terry Ferrari: Yeah
Mike Biggio: So I think that this is forcing this project to go that way for much longer. So hopefully tomorrow I might hear good news on that and Tuesday again I’m meeting with I mean I can’t explain I mean we are in the exact same boat.
Terry Ferrari: Yeah I understand yeah.
Mike Biggio: Yeah and I do I understand your position and your frustration. I mean we want to do good business out here we never wanted to get anybody into a situation where there were you know at a loss. I think what, like I told you before, I mean what really caught us is just the amount of power that you are building out there I mean that threw a curveball to us I mean no ones ever come even close to needing that..
Terry Ferrari: Yeah well we were too fucking greedy. But I mean we thought we’ve started it now and if we can afford it why not do it. Like no one ever said like ‘Too much what are you doing?’ I mean we would have re done our numbers. Like I said to Pammy if we have known this grief I wouldn’t have bought here but now I’m here I’m all in there is nothing I can do. My building is up, I’ve got another building sitting on the floor next to it. I’m not even gonna start the other building until we know all our power is fixed. But that’s all down by the way we just have to try and fix this mess like we all do I know you are in the shit as well so.
Mike Biggio: So here the 4th thing we are working on and this is more of a long shot but if we could pull this off it would solve the problem. So I told you Xcel we had a situation with them
Terry Ferrari: Yep
Mike Biggio: They have now sent in, they have emergency upgraded their system, they actually had a cogen running over there to get them by and they have now put in, they have upgraded their substation, they had no choice, they dropped the ball.
Terry Ferrari: Yep
Mike Biggio: They have this stupid thing where you know the dividing line is the SLV territory and there is the Xcel territory
Terry Ferrari: What and everyone is fighting over who has what yeah and it got more complicated once you annexed the land into Moffat
Mike Biggio: Well
Terry Ferrari: They said it did, that’s what they told us on the phone. When they were trying to deny responsibility for it. ‘Oh No that’s Moffat now, we don’t service that now’ well its your fucking equipment. Do you know what I mean
Mike Biggio: Yeah well those lines were already there from 
Inaudible
Mike Biggio: What we are working on right now we have a water attorney and an energy attorney. Our energy attorney is working on with negotiation with them to do an intergovernmental arrangement. Basically saying that SLV does not have the capacity to provide at a reasonable cost that they have um sat on their hands and not upgraded their substations as they were supposed to per their contract and there is some evidence of that and they would then give Xcel to transfer X amount over and to satisfy that and if we could make that happen then that could be the solution at least for the first round people who are trying to get going in there and then figure out how much they would allow and the continue working on it. 
Terry Ferrari: If I see a long term plan in place I don’t care about my second plot I just want to get up and running even at a reduced capacity which I can do some with power and some with generators. I don’t care what I have to do just to get ticking over. Just to put food on the table and keep my guys in work> I mean long term I know you are going to have to fix it because you’ve got all these plots to sell. Do you know what I mean? 
Mike Biggio: We’ve got it. And that’s the pitch to investors now I mean here's the opportunity and here's the proof of concept. 

Third clip from our meeting is below. Literally promising me "as much damn power as they can get to me" (remember their dufus lawyer saying they never promised me power? Here we have yet another broken power promise from Biggio himself). Total empty promise, nothing happened as a result of this promise. He did not even bother getting back to me after all these promises of immediate action. One of the many many breaches of contract they have to answer to in court. If the player below does not work in your browser, the audio clip itself can be downloaded


Transcript of the audio clip above is below

Mike Biggio: So Yeah I guess there is two things here, on the immediate interim, I’m going to reach out to Terry and see if you can convert these to a 3 phase. If not, then lets see abut doing more drops over there to get you as much damn power as you can. 
Terry Ferrari: Yeah 
Mike Biggio: Using as little generators as possible
Terry Ferrari: And tell him I’m happy to pay what it costs to convert it to 3 phase. I don’t want no one to think ‘Oh no he don’t want to put his hand into his pocket’. If I have to pay some money I will do it Mike I just want to get this solved do you know what I mean. I know that’s not a long term solution but if that can be enough just to get me going that’s all I care about. I don’t care if I, I’ve got 12 flower rooms right? I don’t care if I get 3 of them going. Just get something running then go Okay we can all breathe now. And then like lets stay partners in this and work together, I want to be like shouting your cause from the rooftops, not be like one of those others out there slagging you off because of all the power problems. Because that don’t help anyone you know what I mean?
Mike Biggio: No, No yeah. Exactly. So yeah anything I can do. I’ll keep you posted and abreast of these other conversations. 
Terry Ferrari: Yeah, I mean just keep me in the loop because the closer I get to it the more I panic
Pammy Ferrari: He’s had a lot of sleepless nights.

Fourth clip from our meeting is below. Me explaining to Biggio that I checked WITH HIM that 3 phase power was available before purchasing all my expensive equipment and he confirmed that it was. I have solid evidence to back up every single one of my claims in court. They literally have nothing but weak denials. If the player below does not work in your browser, the audio clip itself can be downloaded


Transcript of the audio clip above is below

Mike Biggio: Its just gonna be strengthening the case for these investors. Look we have two big fish out here that are looking to consume some serious power. 
Terry Ferrari: Yeah and you can tell them the buildings already on the floor so you know I’m going to need the same again there. That’s a lot of power just those two isn’t it? So that’s got to be a plus point when they are talking about whether they are going to put their hand in their pocket.
Mike Biggio: And on out end I think where we can show our commitment and you know going in our own pocket the 60 acres that we purchased. We are putting that entire property on the table to generate the power. We are not getting in between it, I’m not asking for anything of that. That’s the reason we picked that up. Was to make the whole thing you know? A reality. 
Terry Ferrari: Yep
Mike Biggio: So you know anything, I mean we have no choice, this has to be figured out one way or another. 
Terry Ferrari: Alright then so if you can just let me know what the situation is gonna be on the drops as they come in and whether they can convert them and if not, I’ll take what they can fucking give me. If I have to change my lights or change something in some rooms to get going I’ll do it. If I have to go to single phase just to get.. But I don’t want to because I’ve bought all my I’ve got 14 big HVAC units there 10 ton ones they are all 3 phase they are sitting on my land you know what I mean. And I’ve got a hundred and fifty grand worth of lights, all of that is 277 volts, because I checked with you in the beginning. ‘Am I going to have that?’ You went ‘Yep” so I went OK all of them because that’s what they said is the smart ones to get, they are all sitting there in my container do you know what I mean. 
Mike Biggio: They make more efficient sue of the power that’s why
Terry Ferrari: Yeah so that’s why I did it forward thinking, thinking I was forward thinking now its biting me in the ass if I might not be able to get the 3 phase. Its just whether if can be done and I know it can and what it costs I’m prepared to pay I just want to get something going do you know what I mean. 
Mike Biggio: And now I believe. I’m hoping Friday of this week we should be hearing back on the whole , you know, if its going to be a possibility. I mean I doubt I know how much is what but I’ll know if that’s an option
Terry Ferrari: Yeah just keep me updated I’m content with that. I might get a little bit of rest then so just the urgent issue is just let m know about the drops in and how much and stuff like that. And then we can at least Like I say I’ll get some generators in I’ll buy some smaller ones I mean not 20 ones but I don’t mind doing a bit of fuel. I’m going to crunch all the kilowatt numbers myself, I mean with what power they give me, the power company, if I can add some power to that just to get myself a minimal grow going enough to tick over, keep my guy in work. Put some food on the table while we look for a long term solution, that’s fine for me. I’m a realist, I know what predicament everyone is in, and I’m not like, I just don’t want lawyer threats, I just want to be able to talk stuff out and all stay on the same team. You know what I mean?
Mike Biggio: Definitely. Right that’s exactly what Derek is looking at doing right now. Bring a little scale up, run everything they can off of single phase power. As I’m understanding it, their big extraction machines, that’s gonna need to run 3 phase generator and kick it on for that time. And then you know only for that and the rest of the time they are humming on basic power. 
Terry Ferrari: Yeah Okay
Mike Biggio: So yeah and then its going to be a big big scale up on their end too.
Pammy Ferrari: See we moved here because terry talked me into it. He said ‘Oh we’ve got lots of power’. He sold it to me. I don’t even fucking like this area. 
Terry Ferrari: Yeah she goes ‘Why the fuck did you bring me to Alamosa?’
Mike Biggio: Yeah I lasted two and a half years in Crestone and then she finally blew her top. 

 

Final clip from the June 28th 2022 meeting is below. More promises from Biggio, complete BS, he never even got back to me after this meeting despite the many promises he made during it. As I said, it seems was all just to blow me off.  If the player below does not work in your browser, the audio clip itself can be downloaded


Transcript of the audio clip above is below

Terry Ferrari: Well thanks Mike, I appreciate it, so I’ll wait to hear from you, just let me know as soon as you, just keep me in the loop that’s all I ask. Especially about the drops, when you think they will be coming in, that will be fine. 
Mike Biggio: First thing I'll be letting you know, and that could be as soon as today, when those drops
are coming and then what it looks like to convert to three-phase or drops or more drops. And by the end of the week, I'll let you know what it's looking like for that, you know, governmental... (inaudible)
Terry Ferrari: I appreciate it.

After reading all the emails, text messages and audio clips above, have another look at Potch's BS breach of contract lawsuit saying they never promised me power and had no idea I even needed power. They cannot go back on that claim now, but I hope everybody can see just how bold faced their lies are and how I have totally destroyed them with written and audio evidence. We just need to get on with the trial and determine the level of damages for their blatant breach of contract. Of course Potch can delay the trial and drag it out. I am OK with that as the whole world gets to see their lies on this blog website throughout the buildup to the trial 

UPDATE October 25th 2023 Biggio was back in Saguache court this morning after having the charges against him refiled. The were originally dismissed on a technicality. He had a huge party the day they were dismissed. Seems like his celebration was a little premature. The judge in the case made him have his fingerprints taken again. Nothing new to this guy of course, he has no many previous convictions, more than most other career criminals.  Biggio is facing 10-32 years prison on these charges. Any eventual sentence will likely be at the higher end of the sentencing guidelines. Sentencing is based on a points system and Biggio gets lots of points for all his previous crimes which will likely increase any eventual sentence.  Copy of his latest charges can be see (pdf file opens in a new window) 

UPDATE November 1st 2023 Potch's lawyer has filed a response to our motion to dismiss. Again they are sticking to the lie that they never promised us power. We have literally heaps of evidence showing that to be a lie which will make our case an easy win and prove extremely costly for Potch in the long term. But as promised we will bring you every document filed in this case, not matter how false or slanted that document may be. Readers can read all the motions etc along with the evidence and come to their own conclusions. This motion demonstrates just how dishonest Potch are being. We literally have them on tape promising us power and they are lying tot he court saying they never promised us power.

Copy of the response to Motion to Dismiss is below (click picture below, opens in a new window)

Update November 6th 2023 Potch's lies and broken promises has finally made the national news. Biggio lied to the reporter saying they never promised us power, just read the whole blog website to see the piles of evidence to prove that's a complete lie. We have emails, texts and audio proving our case. They NEVER once said before launching their case that we were never promised power. Its too late to switch to that lie 2 years later. Had it been true, they would of course have been saying this all along. I have complained to them time and time again that they broke their promise to supply my power. Never ever once did they deny making that promise. Its simply too late to try and switch to that lie 2 years later. Also please check the different purchase agreements above, they use a completely different agreement when selling land with no power, and they certainly do not put clauses in suspending interest and payments until power is connected. Oh yeah one more thing, nobody pays 100 times the market value for land if supplied with no power. Especially when its available close by for $1000 per acre. If they did not promise me power, WTF is Biggio doing on tape promising me 1600 amps interim power? Lets see how they try to lie their way out of this in court. There is not a juror anywhere that will believe such bullshit especially when faced with the overwhelming evidence we have showing they are lying. They are destroying their own business with these bullshit lies. Once the case is over, they will be proven liars on public record forever. 

Whitney Justice posted (then hastily deleted) on Facebook thanking me for the free press. I shall be using that thanks in their defamation case, hard to complain about publicity on one hand and then thank me for it on the other. Shot herself in the foot once again. Not sure how this free press is going to help their land sales. Nobody in their right mind would buy from someone who clearly cannot stick to their promises. The below statement from Ms Justice shows just what a useless businesswoman she really is. If I were involved in public land sales and an article such as this had came out against my company, I would be absolutely mortified. For Ms Justice to view this as free publicity shows her ineptitude. But, seeing as she thanked me for the free publicity, effectively encouraging me to repeat these TRUE allegations mentioned in the news story, I am now expanding my campaign to bring awareness to this issue. I am now branching out to include printed media as well as social media advertising to reach the widest possible audience to warn others and also to search for other victims of Potch and its owners. Ms Justice is welcome to send along her thanks yet again, she is most welcome for the free publicity she so craves. 

Any business person out there, just take a look at how Ms Justice is treating her customers. No matter what your viewpoint on the dispute, I spent $400,000 with her company. Clearly we have a dispute going on. Many normal businesses would at least try to keep a presentable face on things. Yes here Ms Justice is, on social media, openly ridiculing myself, a customer who has spent almost half a million dollars with her. That alone shows just how unsuited to the business world she is. No normal business would treat their customers in this way regardless of their issues.

NBC News article is below. Click the picture to go to the article (opens in a new window)

Similar Yahoo News article can be see on the below link

https://finance.yahoo.com/news/feud-over-power-colorado-cannabis-162346071.html

UPDATE November 7th 2023 One user on another news article made the interest comment below. Link to that actual news article is

 

He knows of others that have suffered a similar fate to mine. He is exactly right regarding the developers responsibility for putting power in a subdivision,. All the buyer is on the hook for is the connection fee. I have confirmed this with many owners in Phase 1. Even Potch's own literature again below, says we set you up for up for success all parcel equipped with the amenities listed (Power AND water), ready to go.

 

That is the BS literature they reeled us in with. Plus we have many many other instances of them confirming their power promise all the way up to earlier 2023. There is simply no way in any court that can say they sold us a lot without power, especially as the power clause (suspending interest and payments) is written into our contract. Of course they CAN sell lots with no power rights whatsoever, in those cases it is explicitly written into the contract, just like the one we have shown further above where they did sell a lot to another buyer (for pennies on the dollar because lots without power are virtually worthless). They did not write anything in our agreement about there being no power simply because that was not our deal. If it was, the land would have been worthless and we would never have purchased it.  Nobody reading this blog site believes their BS lies and I'm certain that nobody in court will believe that BS excuse that was never mentioned not once in our 2 years of arguing over power. These liars will be proved liable and be made to pay hefty damages, of that I am sure. 

More updates.. Above you will see Whitney Justice thanking me for the free publicity when in actual fact, it should be me thanking her. Since this news article came out, my telephone and email has been flooded with similar tales of woe. I now have CONCRETE information on others that have been screwed over by Potch both in Phase 1 and phase 2. Two of the victims are right next to Biggio's flower factory. One of them got screwed with power just like me and the other got screwed with water. There is a different victim from area 420 as well. Even the celebrity guy they hooked up with to do the podcast with (I'm sure readers will know who that is) he supposedly got screwed over by Biggio and has now left. He is no longer recommending Area 420 to his vast listener base.

My blog website ((as mentioned above) serves a useful purpose and in fact provides a public service in bringing victims of this dishonest company together. Victims whose paths may otherwise not have crossed. Yes it was the news story that helped people find my blog site, but regardless, now we are all speaking and we all know for sure that ours is in no way an isolated case (which is what Potch's crooked lawyer Mr Theile is claiming).

The longer this drags on, the more skeletons emerge from Potch, Biggios and Justice's closets. Rest assured, I'll post details on here of each new one as it emerges. I had no idea the amount of people that had been deceived when I launched this blog site back in august, nor did I have any clue about Biggios horrific criminal past or his current gang activity. Lets hope we can prevent any more people being misled and deceived by these people.

Potch are lying in their lawsuit and they lied to NBC saying that I failed to do my due diligence and they had no idea of my power needs. As I stated above, Potch are experts in weed growing, they had a much better idea of my hefty power needs than I did when I bought my land. It was POTCH who got caught off guard with my huge power needs not me, all I did was get my building designed, check with biggio that 3 phase was available during the design, then  send my numbers across to Potch so they could tee up my power. Mike Biggio admitted it was their mistake on recorded audio above, extract below. 

Mike Biggio: Yeah and I do I understand your position and your frustration. I mean we want to do good business out here we never wanted to get anybody into a situation where there were you know at a loss. I think what, like I told you before, I mean what really caught us is just the amount of power that you are building out there I mean that threw a curveball to us I mean no ones ever come even close to needing that..

Just that statement alone kills their case, it shows (straight from the horse's mouth so to speak) that it was POTCH responsible for our power needs and not myself. Yes it threw a curveball to them, I accept that, but it really was their problem and not mine. No court will believe that the power was down to me when we have the co-owner of Potch on tape making various power promises and also above on tape admitting we threw them a curveball with our high power needs. To be clear had we been responsible for our own power needs, both Biggio and Justice would have been telling us that time and time again over the past 2 years instead of stringing us along. Never once did they say before this case "We sold you land with no power rights".  Also, unlike Justice and Biggio, I am an honest businessman. Had I purchased a land without promise of power I would never file a lawsuit to hold someone accountable unless they had made that specific promise. Of course I would never purchase a land with no power, I spent months in Florida researching the most suitable plots, that's the only reason I fell for Biggio's BS, because he showed me what I assumed were many successful operations up and running and he promised me power. Its really that simple. My only mistake here was to believe Mike Biggios lies. 

They have zero evidence to support their claims. There is absolutely no way they can or will win this case. Its really just up to them at what point thy come to realize that and do the right thing and honor their commitments. The longer they continue to lie, the more damage they do to their own company. I have all the time in the world for them to drag this out, they are going to end up covering all my costs anyway. My losses and costs are increasing daily and they will be getting the bill one way or another. They are not going to do a Donald Trump and run out the clock on me. I am going to see this through to the bitter end regardless of how long it takes. plus the longer it goes on, the more dirt I discover on Potch, Justice and Biggio and the more I can post on here to alert others. Hopefully prevent anyone else having to go through all the crap they are dragging me through rather than honor a simple commitment. 

UPDATE November 12th 2023 I heard another sad story yesterday, another victim of Biggios bullshit. A mom and her 2 sons came to Area 420 and bought a plot. Biggio strung them along with power just like he did me ("Power is coming soon, plus we are looking at Geothermal, Cogen etc etc"). They got fed up waiting for his unfulfilled promises and attempted to start a grow on solar power. There was not enough solar to keep everything running. It caused problems including the MED required cameras to keep shutting down. In the end they had no alternative than to shutter the business. The sons have left town, their dreams shattered by Biggio's broken promises (sound familiar?). The mom now works in WalMart. Biggio always spouts on about Mom and Pop business in his slick promos pushing area 420. But the harsh reality tells a very different story. These unfortunate buyers did not have the foresight to insert the power clause in the agreement like I did (my power clause along with all the emails, texts and recorded audio make my case watertight). But most people don't think to do this stuff, most honest people have no reason to believe Biggio is lying so they fall for his BS.

Its time Potch stopped lying to people and duping them out of their hard earned money. As I said all along, put a power solution in place BEFORE selling plots. Stop selling plots, trying to wing the power, then blaming innocent customers when your half baked plans go belly up. Own your own mistakes and stop blaming your customers. Stop blaming them for not doing due diligence when the only mistake they made was listening to your empty promises. STOP SCREWING PEOPLE OVER!!!!

As for Potch's crooked lawyer Eric Theile. If he takes issue with any of the third party stories I'm publishing on here, please reach out to my attorney Rolf J von Merveldt III and tell him which ones he has an issue with. We can call in relevant witnesses for a deposition to confirm or deny the story. If confirmed, I will note it as such "confirmed by deposition" if denied, I will remove that particular story from this blog site. I'm confident in my sources and wholeheartedly believe that every single word on my blog website is true which is why Potch will never win a defamation lawsuit against me. Remember a blog website has to be 'substantially true' to avoid any defamation liability, I'm pretty sure I've proved this blog site is way more then substantially true. There are just too many similar stories coming out of the woodwork as the weeks and months go on. Its my bet that by the time this comes to trial, Potch will be forced to settle at the 11th hour in the face of not only my overwhelming evidence but also all the additional victims which will all be part of the public record by the time we are ready for trial. By that time, the settlement cost will be 4x, 6x or even 8x the amount that it currently stands. 

As for these poor duped buyers, I'm starting to think a class action lawsuit may be the best way to hold these rogues to account. 

Another important fact to consider here. With all the other victims claiming similar lies from Potch, I'm pretty sure we can prove the fraud element of our case. If we prove intended fraud, it entitles us to TREBLE damages. Not just us, but any other victims who want to file a lawsuit. If they can prove the same fraud that we can (should be pretty easy with a long line of victims repeating the same story vs potch simple denial but with zero evidence to back it up) then they too will be entitled to treble damages. Its pretty obvious they lied to us and others saying that power was just a few months away. They clearly never had a power solution in place otherwise there would not be many victims still without power, some like ourselves over 2 years later. Plus they have been repeating this power promise certainly in 2022 and possibly in 2023, clearly (by them admitting in public news that they had hit a wall with power) they knew that to be untrue, so the fraud element seems pretty clear cut to me. 

UPDATE November 14th 2023

And to clarify our power yet again. when Ms Justice realized how angry I was over her broken power promise during late 2022, she gave me an option to purchase 10 acres ACTUALLY BORDERING  OUR LAND for just $2750 per acre. That's how much land in Moffat is worth without power $2750 per acre (its actually worth $1000 per acre but at Potch inflated price its $2750 per acre) , yet she is going to ask the court to believe I agreed to pay $400,000 for under 4 acres with no power, good luck with that one. Remember this is POTCH valuing land without power at $2750 per acre, not an outside appraiser, it was Ms Whitney Justice herself that offered me the land for that price. Its her digital signature on the option to buy, click the picture below and you will see it for yourself.  I'd like to see her in court try to explain how this land is worth $2750 per acre without power, but the land she ripped me off for is worth $100,000 per acre without power. Water and license are minor issues, water can be trucked in easily and license is a breeze if you are willing to wait a few months to process the paperwork, the only thing that makes area 420 land valuable is adequate power to run a grow operation. One of our plots is 1.901 acres so its worth $5277.50 without power (By Witneys own estimate). The other plot is 1.987 acres so its worth $5464.25 without power. Below is the option to buy the 10 acres for $2750 per acre. Solid proof that Potch knows the exact value of land without power and are clearly trying to rip us off here, just as they have ripped off many other innocent customers in area 420. Judges and juries are not stupid, they will see through Potch's bullshit in a heartbeat. Click the picture and the pdf file will open in a new window. 

 

 

UPDATE November 15th 2023

More court documents to follow today. But before I upload them I want readers to think about this important fact. Biggio told NBC that the facts will come out in court. Well the court case is ongoing, many documents have been filed by both sides already. Why have these facts not come out already? Potch have not filed ONE SINGLE EXHIBIT to demonstrate that they sold me land with no power rights. Don't you  think they would have done had that been true? Of course they would, especially when asking for an injunction for my blog site to be pulled accusing me of defamation. If hey had one single shred of evidence to back up their bullshit claim, they would have filed it by now. They do not have a single thing in email, text messages, recorded audio, contracts, NOTHING, NADA, ZILCH, anywhere saying that because its simply not true. We on the other hand have literally piles of hard evidence as well as plenty of circumstantial evidence proving they promised us power all along. We have it in the contracts, in the multiple emails posted on this sites, in the multiple text messages posted on this blog site and even in the recorded audio, some of which is posted on this blog website. Potch are fighting a case with zero evidence in their favor. This case will cost them probably $100,000 in legal costs alone. Then of course there will be all the damages and costs awarded by the jury. I'm expecting the jury to punish Potch for wasting everyone's time. Juries are often asked to punish plaintiffs for bringing frivolous cases when they are sent back out to decide on the damages aspect of a case. They are doing all this just to try and escape their legal obligations. They know they have no chance of winning, they are just dragging the matter out due to their spite because I am holding their feet to  the flames in holding them accountable for the promises they made to me. They are not used to people doing this, most people cannot afford it or cannot handle the headache, I can do both and will continue to do so. This case is damaging Potch and their reputation way more than it is damaging me. Everyone who reads this blog site can see what dishonest snakes Potch and its owners have been. For that reason alone, they can drag this out for as long as it suits them. 

OK lets bring readers up to date with the motions and responses filed in the case. I will post EVERY court document on this blog site regardless if it helps or hurts our case. I want to give 100% clarity to readers so they can read exactly what is filed with the courts and their responses. Of course I will give my commentary on them as well, but the readers can make up their own minds after reading the relevant filings.

On 3rd November, my attorney filed an unopposed motion for extension of time to file his response to Mr Theile's weak attempts to stop most of the claims being thrown out. The motion to extend can be seen by clicking on the picture below, the actual PDF document filed with the court will open in a new window.

The Judge granted this motion to extend on the 6th November. Copy of the judges order can be seen by clicking on the picture below, the actual PDF document filed with the court will open in a new window.

My attorney filed a detailed response to Mr Theile's weak motion to dismiss on the 13th November. He states clearly and concisely, pretty much the same as the first time round, that Potch simply have no case on 4 of their 5 claims. They certainly cannot force a judicial foreclosure on my land which they are trying to do plus their defamation claims simply do not hold water. They are asking the judge to issue an injunction against my blog website without actually taking the contents of my blog website into account. That is completely counterintuitive. Of course any judge should read my blog website before making any rulings on it and if they do, given the huge weight of solid evidence contained herein, its unlikely that any judge in the USA would order my blog site to be removed. Copy of the reply to motion can be seen by clicking on the picture below, the actual PDF document filed with the court will open in a new window.

Mr Theile filed a motion to strike my attorney response on the 14th November. His whining that it was filed on Monday instead of the previous Friday. Mr Theile made a big mistake here which you will see. I'm still confident that an injunction against this blog website will not be issued. Mr Theile has not filed a single piece of solid evidence in this case to date. All he can do is bitch and moan about procedure, in this motion and previous ones complaining that my attorney did not get back to him when he did in fact make numerous attempts to contact Mr Theile. I'm not  an attorney but I have news for Mr Theile. You do not win cases just by bitching and moaning, you win them with evidence of which Mr Theile and Potch are sorely lacking and My attorney and myself have a huge abundance of. We are discovering new evidence with each week that pass and Potch still have nothing. Show us some bloody evidence man if you have it, if not please stop wasting the courts valuable time.

Copy of Mr Theile's Motion to strike can be seen by clicking on the picture below, the actual PDF document filed with the court will open in a new window.

UPDATE November 16th 2023
Potch and its owners are truly ruthless in their methods to try to avoid their legal responsibilities. In addition to the lawsuit filled with lies, they have also fabricated death threats (see above for info), committed perjury on restraining order applications (see above for info) but they now appear to have people trying to hack into and take down my blog website. All in a futile attempt to avoid their legal obligations. I have full details of all these attempts (including times and IP address of the hackers) saved in my logs, am pretty sure nobody but Potch would be trying to take down my blog website. Its not like they are hacking into Chase Bank, this is a simple information blog website and does not store credit card info or anything else of value to hackers.. Note to Potch, in the unlikely event that your hackers ever do succeed into getting into my server, I can have the Domain Nameservers repointed and a backup server online with 60 minutes. So how about concentrating your efforts on something productive, like stopping your lying and solving the mess you created for your customers. You can and will beat me in the lying department because you are so practiced at it, but you will never beat me in the IT department so please stop wasting your time. Any potential customers, bear in mind the lengths Potch will go to in trying to screw you over should you stand up to them. In this case, they will fail, which should give hope to others. Potch are not the mafia, they are just a couple of crap business people who got caught lying to and fleecing their customers. 

Talking of dragging this out. Of course in addition to damages for their breach of contract we are demanding interest for the $1.8 million that we have had tied up for 12 months extra already due to Potch's delays on their promised power. Potch charge their customers 8% interest on monies owed so we are charging Potch the same amount (its only fair). That equates to $140,000 for the 12 months delay to date (power was expected 15 months ago, but our building would have been ready 12 months ago so once again, we are being fair to potch, fairness is something they know very little about). Plus $2692 per week thereafter plus $384 per day. This is in addition to all my time and monies spent on this pointless case. Its safe to say the eventual bill for Potch will be way higher than they expected. Plus we are pushing for triple damages if we can prove the fraud element of our case which we are confident of. This is going to be a very costly lesson indeed for Potch. Its about time someone held these rogues to account.



UPDATE November 17th 2023 
Big news on their dufus lawyer Eric Theile. His motion to strike above is invalid. Friday the 10th was Veterans day, a state and federal (and therefore a court) holiday which automatically extends the deadline to the following Monday 13th. Our motions were filed within the courts time limits. Also he failed to confer with my attorney on his motion to strike which is against court rules. I told you guys he was a dufus. He literally lied in his motion to strike saying he had conferred with counsel for defendants who opposes the relief requested herein. A complete lie, Now he's going to experience the wrath of the judge. Judges do not like to be pissed off. My lawyer knows his shit and he is going to run rings around their idiot. Roll on the trial. 

Another update, as expected Eric Theile, Potch's not so competent attorney was forced to withdraw their motion to strike because it was invalid and would likely have incurred sanctions from the judge. What a waste of time and money, I hope Mr Theile did not charge Potch for his incompetent work here. Mr Theile keeps complaining in his emails to my attorney that every day is costing his clients money. Well its going to get a hell of a lot worse I assure you of that. All the time they keep lying about me and attacking me with their various stunts (many are not mentioned on here but I'm saving for trial) , I will punch back just as hard and they will feel each and every punch. Remember I had stayed quiet and gone along with their false promises, delays and bullshit for 2 years when Whitney Justice started this fight, she lobbed a hand grenade at me by falsely accusing me of breach of contract which she knew to be a complete lie. All I did was fight back. Then her and Biggio made it worse by firing a bazooka at me with their falsified death threats and perjury on the judges form to illegally obtain a restraining order. And again when they falsely accused me, an honest businessman, of extortion. Its not extortion when you ask someone to simply keep a promise they made to you. They fight dirty and illegally, I fight clean but I fight hard. I have plenty more tricks up my sleeve, quite a few surprises in store for them yet, I'm just getting warmed up. I can fight just as hard but unlike them, I operate within the law and have completely exposed them on this blog site to be nothing but lying lawless thugs. If they want to fix this mess they created, they need to reach out to my attorney and find a solution. If they want to go to trial and stop wasting time, then they should get off their asses and try filing their motions in a timely fashion instead of leaving them until the 21st and final day. Lets get to trial ASAP and fix this mess. I'm 100% certain of victory. Once I win the trial, this blog site will stay online forever showing the courts verdict so they better be damn sure of winning which is impossible because they don't have a single piece of legal evidence to support their case and I have heaps, emails, texts, recorded audio and more. Or just keep dragging it out but stop bleating about the delays they and their attorneys are causing. My interest alone is $384 per day plus my time is costing them as well as the interest, so I'll just sit back counting my $$$$$, almost 4 months in and counting.

There is not a court in the land that will believe that I agreed to purchase land for $100,000 per acre without power, especially in light of all the evidence I have proving Potch promised it to me. Plus I have a separate document (above) showing Potch offering me land without power for $2750 per acre which blows their case lying about power to shreds.  Its quite simple, they either supply my power that they promised and compensate me for the delay they caused, or they reduce the price to that of land they sell without power ($2750 per acre) and again compensate me for their broken promise and the delay I suffered, or we go to trial and they lose, costing them $2 million or more and, in the process, they destroy their reputation forever with no one to blame but themselves for their lies and poor decision making. Maybe they should get a decent lawyer to explain their zero chances of victory when I hold all the evidence, then they can make whatever decision they think is best. I win in every scenario because I have truth and the law on my side. Hopefully they will learn a harsh lesson from this case and start being honest with their customers and treating them with respect. I've never lost a lawsuit and am not about to start now. Not only do I have a mountain of evidence but I can call victim after victim to show Potch's pattern of dishonesty and illegal actions to their other customers. Not to mention their perjury on court forms, multiple protection orders for illegal acts, criminal histories and criminal charges. Potch have zero credibility and zero chance of winning this lawsuit. Any lawsuit that comes down to credibility each side is allowed to question the others character, criminal histories, similar acts and history of lying in order to demonstrate their lack of credibility tot he jury. I have been 100% honest all the way through so they will struggle to impugn my character in relation to this case.  

If they really want to claim defamation, schedule a hearing in front of the judge, lets go through my entire blog website, I'll explain all my reasoning to the judge and present all my evidence (some of which is not even published on here). Potch can claim whatever they want and present any relevant evidence to the judge. We can then watch the judge throw out their claim. Usually in defamation hearings, the plaintiff, if serious, files an emergency motion to get on the docket and schedules a hearing ASAP. Potch and their attorney will not do this because they know everything on my blog site is true and they know the judge would consider the case carefully then deny their claims. Officially showing them to be liars. I would then use the judges denial to prevent Potch from bullying other sites into removing my posts etc. Every word is true is my blog website and I'd love it if a judge would examine it and rule is as such. Simple 1st amendment protected free speech, nothing defamatory here. Certainly enough to meet the 'substantially true' legal requirement to defeat any defamation action. All these delays and problems are being caused by Potch and their attorney trying every which way they can to wriggle out of their legal responsibilities. Potch can stop this at any time, do the right thing, honor their promise and make it right. Or they can drag it out to the bitter end causing themselves huge self inflicted damage and costing themselves millions of dollars in the process. I'm good either way. Potch have shown time and time again that they have no regard for their customers. Why should I care if they choose to destroy their own company. They sure as hell tried to destroy my company and reputation for no other reason than to avoid keeping their promise. Area 420 will thrive just fine if they collapse and disappear. (Looks like Biggio is headed to prison anyway) Its Potch making all the decisions here, all I am doing is reporting them to the public and responding to them in the best legal way I know how. No way am I going to roll over like they have made others do in the past. The ball is well and truly in their court.

If you are a victim of Potch's lies or know anybody who is, please email me at terryferrari@hotmail.co.uk to let me know details of your story. I will not publish here it without your express permission, The more victims we can bring together, the easier the case will be against Potch, Biggio and Justice will be for all the victims.

UPDATE November 20th 2023

As promised above, Their attorney was forced to withdraw his invalid motion. The notice of withdrawal can be seen by clicking on the picture below, the actual PDF document filed with the court will open in a new window.

I've had many people ask me if my attorney can help them with their issues with Potch. I'm sure he can help you all. He really knows his stuff and has already won a case for me before (including recovering all my legal costs). He is highly skilled in contract law as well as real estate law, both areas that Potch seem to keep screwing customers in. Most importantly, he knows about a lot of Potchs skeleton's, some that I've not even printed on this blog site, am saving for trial. Why pay a different attorney fortunes to get up to speed with all of Potch's dirty tricks and illegal acts, my guy already knows them. If you have a problem with Potch Whitney Justice or Mike Biggio, then by all means reach out to my attorney. he's very busy but I'm sure he will find time to help you. His details are below.

Rolf J. von Merveldt, III
Attorney at Law
Real Estate Law & Litigation
RVM LAW, LLC
695 S. Colorado Blvd., Suite 480
Denver, CO 80246
Office: (303) 861-4719
Cell: (720) 297-1541
Fax: (303) 432-8887
Email: Rolf@RVMLaw.Net
Web Page: WWW.RVMLAWYER.COM

Of course if we go to trial and win, which we are certain to do. We will leave all these dockets and evidence online for you or your attorneys to use. Once people see Potch can be sued and beaten, hopefully it will open the floodgates for all those who have been wronged by their broken promises to move forward with confidence and seek the recompense they deserve. No company is above the law and all can be held accountable if you have evidence and please remember civil cases have a much lower burden of proof. Its not beyond a reasonable doubt like criminal cases, it's just on a preponderance of the evidence, ie more likely than not, or 51%. Pretty easy if you have some proof that Potch have deceived you and very easy if you have multiple victims claiming similar tales of woe. 

Of course, the preferred option for all would be for Potch to have a 'Come to Jesus' moment, accept the various ways they have deceived people and set about righting the wrongs they have made. Any company can recover its reputation if they choose to do the right thing and turn things around for the customers they let down. Again, that is something for Potch to decide should they wish to. 

 

UPDATE November 29th 2023

Below is copy of Biggios most recent charges filed just a month ago. You should not that this guy has a history of no less than 31 separate arrests and charges. The very definition of a career criminal. Armed with this knowledge, you should not feel comfortable having any business dealings with Biggio or Potch. Especially in light of the way you can see they have treated myself and my business. 

UPDATE December 3rd 2023

Please check out and share our Facebook page HERE

 

 

UPDATE December 6th 2023

I had a meeting with the executives at SLVREC today. I asked them why they never bothered to inform me of the price for the power to my plots, why they never even gave me any detailed installation quote. Asking why they did not inform me when Whitney Justice had refused the price they quoted her for my power, arguing if they had told me prior to construction, (instead of sneakily keeping the information secret which Justice and Biggio did on purpose)  I could have relocated my building at minimal cost. They told me straight, the reason they did not tell me was that developer is always responsible for putting in the infrastructure. All the customer has to pay is a connection fee and sometimes for the transformer. All their prior communications and meetings had been with Whitney Justice who they rightly assumed was responsible for putting the power in. So its crystal clear, even from SLVREC themselves. I shall of course be calling the relevant SLVREC officials to testify at our breach of contract case. As I said all along, Potch are toast, I hope the awarded damages are huge and teach them a valuable lesson, not to screw people over in business. I also hope this opens the floodgates for many previous victims to sue their asses and recover their losses. I've heard of many different cases from those who simply lost tens of thousands, to those who have lost hundreds of thousands to those who have lost millions. This crap needs to stop. 

 

UPDATE December 8th 2023

I have heard some stories today that I'd like to share with readers. Two of the staff working at Biggio & Justices Flower Factory business allegedly do not have MED approval to work there. They have not been issued an MED badge and would NEVER be issued an MED bad due to their histories. I have also been told that Biggio is using seeds and or clones that are NOT in the METRC system. They have allegedly used an illegal workaround to do this. I know the method but will not repeat it on here. I have passed all this information to the MED along with the names of the 2 people supposedly working there illegally without MED approval as well as people who can verify that they have witnessed working them there on a regular basis. They can verify if the stories are true, In the meantime, I will keep digging and providing information to authorities until these lawless thugs are bought to justice. Anyone need confirmation of this. Ask the guy setting up the new Police department in Moffat. He was informed of it recently and he knows its true because he used to work for Biggio and saw all this with his own eyes. Lets see how serious he is about bringing law and order to this town. How about reporting the two crimes listed here to the MED and saying he witnessed it? This is a great test to see if he is loyal to the town or loyal to Mike Biggio. If he stays silent on this issue Moffat, you will know where his loyalties lie and be well advised to get rid of him before the rot sets in.

 

 

UPDATE January 9th 2024

I have had no contact with these goons for over a month. Yet despite Aspen Police telling them to keep all contact through attornies, they disregarded these instructions and constantly bombarded my wife with messages. Each time these thugs cause me headaches, I will post more of there misdeeds on here. For those that have not seen please scroll to top of this page to see just how little respect Whitney Justice has for the officials and residents of Moffat, the town that has made her considerably wealthy. As usual thug Biggio has been trying to get the law to do his bidding, despite him having the fake protection order against me dismissed WITH prejudice (which means he can never file it again) he when and tried it again in Saguache county on 8th December. Of course they saw through his bullshit and dismissed it. But it shows the level of desperation of this man. Copy of the application and result can be seen by clicking on the picture below.

 

More details to follow but both Whitney Justice and Mike Biggio have been trying their hardest to convince my wife that I am going to have her killed either by the person Biggio is accused of attacking or a Columbian hitman. These people really are batshit crazy. Their actions have been reported to law enforcement and will form extra counts in our forthcoming civil suit. They have also filed a false complaint against me with my local Sheriff and I am supplying them with my huge pile of evidence against these lawless thugs. More updates to follow, Happy New Year to all. 

 

UPDATE January 10th 2024

Readers, please bear with me for the next few days, I have a huge amount of information to process and upload. I was in the UK from 9th December to 31st December visiting my elderly father who does not have long left to live. My mother passed away in 2022 so its been a really crap time all around as I'm sure many of you will understand.  My wife and I have been going through considerable marriage difficulties, caused in no small part by the thugs at Potch and their attempts at all costs to avoid honoring a simple business contract. Most of you will be aware that marriage issues between 2 people should be left to resolve between those 2 people (perhaps with the help of trained professionals). Marriage is a sacred bond that should not be interfered with by others, ESPECIALLY those with no interest in the marriage but just trying to destroy it for their own financial gain. I will explain if you read on. First, I'd like to explain how the various actors treated Mr Erik Martinez (the victim of Biggio and his thugs vicious attack). Various people made claims against Mr Martinez in order to get a protection order against him and have him removed from his home. Many also say they received death threats from him in order to have him charged with making said threats (sound familiar? read above where they tried the same trick with myself). 2 of the people involved in the Martinez death threats are Whitney Justice and Mike Biggio, the same 2 people who fabricated the death threats from myself. this is what they do, they try everything to damage the person they are involved in litigation with. The 'death threats' from myself and Mr Martinez were all supposedly received within a few days of each other which of course implies them to be fabricated. OK back to recent events, Ms Justice has filed a complaint against me with Alamosa Sheriff (I have also filed my own against Justice and Biggio), in her complaint she lies and states the following 'His wife Pamela who I don't even know, called me crying last week begging me to help her get away from him'. I will post the full complaint later but lets clear up the lies first. MS Justice does know my wife. We met her for just two minutes on our tour of area 420 in 2021 when she was introduced to us by Biggio and she gave myself and my wife baseball caps. Another lie was she called her last week, their conversation was over 3 weeks ago on December 17th, Next lie is that my wife called her first. My wife did not even have her telephone number so could NOT have caller her first. You will see by the screenshot below that Ms Justice called my wife for 56 minutes and 13 seconds at 2.35pm on December 17th. Here is where it gets extremely serious. Ms Justice in this first call (I believe it was the first ever telephone call between them), Ms Justice convinced my wife that I was about to have her murdered. What a cruel and callous accusation to make, it defies belief that someone could falsify such an allegation. The log of the call is below (my wife later called her back which I will go into later).

This implied threat that my wife would be murdered had an immediate and devastating effect on my wife (just as Ms Justice had planned). My wife called her daughter in South Carolina and said she was going to take her own life which she would prefer to her being murdered. Both myself and my wife are licensed concealed firearms holders (They only give concealed carry licenses to law abiding citizens) and always carry firearms due to the fact that Area420 people are known for making death threats. My wife told her daughter that she had boxed up her sentimental possessions and would leave them safe for her in the house. She was then planning to shoot herself dead rather than wait for the inevitable murder that evil Whitney Justice convinced her would be coming. This is so heartbreaking to hear, all this crap was caused by Ms Justice simply trying to wriggle out of a business contract, not even an expensive clause. Ms Justice is worth millions, this contract would cost a fraction of that to settle, but Ms Justice would rather see somebody kill herself than honor her basic business obligations. My wife's daughter kept her talking whilst reaching out to Alamosa Sheriff and asking them to race to the house ASAP to prevent the unfolding tragedy.  You can see the panicked calls on the screenshot below and the deputy who spent 14 agonizing minutes outside our house trying to get my wife to come out. 

 

Fortunately, the Deputy finally convinced my wife (big thank to you Deputy Cazares) to come to the gate and spent a number of minutes speaking to her and helping her to clam down. Video of my wife coming to the gate and the deputy stating he received a call from her concerned daughter is below. 

Video is below, if it does not play in your browser, you can download it or .

 

 

There are many more shocking text messages below. Including Justice and Biggio doing their utmost to convince my wife to file for divorce, obtain a protection order against me, and have me removed from my home (same thing that happened to Mr Martinez) they even went to the lengths of paying many thousands of dollars lawyer fees to make this happen. Thinking if I were removed from my home it would weaken me enough for them to win their case. This is incorrect as I have assets and homes in many locations and am more than capable of taking these thugs on and seeing the case through to its rightful conclusion. You will see many many occasions where they keep pushing my wife to get the protection order and effectively kill our marriage stone dead, All to win this shitty case which they could have settled for reasonably low money but they are so used to bullying and threatening people over the years, they think they can intimidate every opponent into submission. Big mistake in my case because all they do is show they world just what despicable people they really are. As I state many times in this blog website, they keep telling lies about me and I simply respond with the truth. I have ample solid evidence to back up all of my claims and they have none because their claims are bullshit and lies.

 

One of the many many texts from Biggio is below, in it he claims that he is the one snitching to the MED, I'm sure that will not go down well with all his gangland thugs. Thugs hate snitches. I always wondered why this man did so little jail time after having so many serious felony charges. I don't care about snitches because I don't break the law so I have no secrets to reveal. I have many texts where he says his aim is to destroy me and even to steal my $1.8 million farm. There are a huge amount of shocking texts coming that will show this mans true character. He says he will never pay me a penny and its worth spending thousands of dollars to see me suffer. I don't care about his intentions to pay me as I know with absolute certainty the court will ORDER him and Justice and their company Potch to pay me once they see all my evidence. He even says he would love to see my face when I discover his secret communications with my wife. Well I can assure him my face (after initially being very upset that he almost drove my wife to suicide) became one beaming smile because I saw how he had convinced her that I was going to have her murdered and the texts along with my wife's testimony will confirm just that. So one again this thug screwed up as he seems to do so on a regular basis.  

 

 

Remember these people are habitual compulsive liars. Whereas I only post the truth on this blog site which I can back up with copies of emails, text message, msn messages, sworn witness statements and most importantly, actual voice recordings. As you can imagine, all these heinous acts will likely cost these thugs hundreds of thousands of dollars extra damages in our civil trial. Its not about the money for me, its about holding these thugs responsible. If you do know any investigative journalists, please have them read this blog site and contact me. I have a huge amount corroborating evidence should that wish to do an in-depth story on these thugs.

 

 

UPDATE January 10th 2024

Big update today readers. Whitney Justice has destroyed her case with of all things a statement to Law enforcement. I just got the full report from Snowmass police where they faked death threats from myself in September 2023. There are a number of lies in this statement that prove my claim is true and their breach of contract claim is false. Whitney Justice says I purchased the land in May of 2021, that is a lie the date of purchase was august 2021. She also says I failed to provide the load letter within 6 months. She also lies and says she repeatedly asked for the letter which is false. The part that proves my case is that I purchased the land in August 2021 and I gave Mike Biggio the load letter in November 2021, just 3 months after purchase and well within the 6 months Whitney Justice claims it was due (note this is a another lie as there was no timeframe required for the load letter but even if their was it was provided 3 months after purchase so well within their fake time frame.) You can see the load letter email above as well as the text from Biggio saying he will pass that on to the power company. Whitney Justice also lies and says she offered me a lot in phase 1. Another lie but that is irrelevant. The important part is I purchased my land with promised power, gave them the load letter 3 months after purchase which they say was due within 6 months pf purchase, they accepted my load letter and never once told me they could not provide the power I needed. (in fact Biggio kept promising me power as you can hear on the phone recordings and see by his messages)  It was SLVREC who told me Whitney had decided against giving me my required power AFTER I had almost completed construction of my building. SLVREC also confirmed it was the developers responsibility to install power and not the owners responsibility. Also the first payment was due in February 2022 or 6 months after my required power was installed (whichever is the latter), so its still not due now and will never be due unless they install the power I need plus resolve this breach of contract case of course. The best part of this statement is that it was given to law enforcement so is public record and she can hardly accuse Snowmass Police of lying. Also note their breach of contract lawsuit where they say they never promised me power nor even knew I required power (despite allowing me tot put the power clause in the contract.) So not only did they lie in the lawsuit about not promising me power, they actually confirmed the lie to a law enforcement officer, as I say above, not the sharpest tools in the box. They are literally catching themselves out on their own lies. So their case is dead in the water before it starts. Plus we have all the rest of the evidence on this blog site which further confirms my case, plus I can prove Whitney Justice and Mike Biggio are habitual liars so they will have no credibility in court. Jurors tend to be the honest witnesses and the evidence not the liars who have zero evidence. Let the drag this out as long as they want, I'll just keep posting the truth of their dirty and illegal actions along the way. When we finally get to court they will have to repay all my losses (almost $2 million) and huge damages as well. So much for both their pledges never to pay me a penny, lets see how that works out for them :-) 

 

Extract of the Snowmass Police report showing Whitney's lies below (this woman an Biggio lie so regularly I wonder if they ever speak the truth). Full PDF report is below, just click on the link and a PDF will open in a new window. Also not how MS Justices 'IT department' provided Officer Rushing with proof that the call originated from London England, the town I was born in, but I had been in the UK since May 2023 a fact CPB could easily. We all know how easy it is to change located using a VPN, so Justice had her people send the 'threat' supposedly from London to make it look like it was me. But what's with the cops taking the evidence of the IP address from the victims 'IT department'? Surely that has to be illegal? They must have protocols to follows not some crappy letter from one of the most dishonest people I have ever met. Is Aspen Police coul not tracte the IP addrress, kick it up the line to an agency who can. Not accept BS letters from Justices 'IT Department'. Judging by their crappy website, their IT department but be some aged stoner. My son could have done better when he was 13. Also Andrew Rushing told me that it had been passed tot he FBI. I asked him for the FBI agents number and he refused to provide it. If you read the entire Snowmass Police report you will see that there is no mention anywhere in it so likely a lie. I later told him it smacked of Small town police protecting their own residents (because he had not charge Justice as promised out he outset if he found out it was not me which of course he did) Andrew Rushing threw a fit and told me never to contact him again. If you read the report, he lists myself as a 'suspect'. Who has veer heard of an investigating officer telling a supposed suspect to never contact him again, They usual say something like 'Don't leave town without letting us know', or Don't plan any overseas vacations, or some other threat. No 'DON'T EVER CONTACT ME AGAIN'. Talk about highly unprofessional. 

 

 

UPDATE January 17th 2024

More updates as I find time. Just to clear a few things up, Whitney NEVER repeatedly asked for this load letter, if so where are the phone calls, emails or texts to prove it, we have records of them all. Secondly as for the six months period expiring we actually paid the 2nd payment of $100,000 at Christmas 2021 when it was not due until Fed 22, We have asked for this payment to be refunded as it is still not due (until required porter is connected, but thy have refused. Area 420 are every quick at taking your money but will only return it when you get the courts to force them to as we are doing. Finally not only did they NOT offer us a plot in phase 1 (of so, again where it the proof, none, it simply did not happen.) But most importantly, the crux of this case is that Whitney Justice and Biggio were aware of their lack of ability to supply power, which Whitney confirms above and Biggio states they had HIT A WALL with power the article above. The core of our argument in court is both these shady business people knew they had refused our required power BEFORE we constructed our expensive building, and simply watched us build this giant building knowing full we we would never get our power, They were clearly hoping we would fall for their usual scam of breaking their promise, leaving us screwed and then taking our expensive building back for free. But their mistake is that I have the money, assets, friends and the determination to drag these losers to trial and give them the legal spanking they deserve. After the jury rules in my favor, I'll leave this blog site up with all rulings et as an incentive to others to join the class action lawsuit that will follow my trial. But instead of telling us and allowing us to relocate, they simply sat back and watched us build it. Then after building it strung us along for  over a year, still promising power, even from Biggios own mouth if you read/listen to the recordings above. Then after a year, they tried to foreclose on our building.  But they were too dumb to be able to to this because I had the foresight to put the power clause into our contract which ensure the fools lose in court. So much for Whitney never losing, she is headed for a huge loss in the coming months. Basically, in my opinion, what these guys to is equivalent as ponzi scheme real estate fraud for a carousel fraud (both of which are illegal). They lure you in with glossy brochures and fake promises off this wonderful utopia where everyone helps everyone, and its all big happy families. They promise you all you need to get up and running, wind power water community etc.They take your initial, deposit, then they take your hefty lump sum 1st payment (usually $50,000) then you start work on your plots (installing fencing alone on our 2 plots cost us over $100,000.) The the promises start to not materialize, water does not come as promised then power does not come as promised, or some other promise which prevent you doing business get broken. After 6 months you pay another lump sum payment (typically $50,000 on a 200k loan) and typically 8% interest on the outstanding balance, which would be ($12,000 per year on $150,000) The broken promises are Potch's fault but they don't take the hit. Its 'F*ck you, pay me". Anyone that tried to stand up to them gets threatened, many receive death threats. Then as time drags on many growers realize they simply cannot sustain or even start operations without all the promised facilities in place. Those that do, struggle to keep paying the 8% VIG, many just walk away form the property and lose everything. Potch simply resell the property to the next gullible investor using same BS promises. This scheme is finally being looked into by the appropriate authorities. In our case we will subpoena all the purchase and sale records for Potch since inception and contact all previous buyers to see how many current buyers were deceived and how many previous buyers lost their property and see if they are able to come up with a number for the losses for the broken promises. When we have all this information. We have an attorney interested in filing a class action on Potch, Justice and Biggio to finally hold them accountable for each and every buyer that have ripped off over the years. Some had minimal losses other had HUGE losses. So for sure will get their 2nd trial in court after we win ours of course. We will give all our evidence to the lawyer performing the expected class action lawsuit, so their case will be solid from the start. If I were that lawyer, I would do it on a 30% contingency basis, no win no fee, this case against Potch is so solid, the lawyer will rake in millions and most if not all of the previous investors who got screwed (we know of many victims already) will get repaid most or all of their previous losses. Then Potch, Justice and Biggio can leave Moffat in shame and wait for the many other charges brewing against them from Police MED, CBI, FBI and other agencies. And at that time, the universe (well Sagauche County and Moffat) will be at peace once again. I'm told the town board is sick of having 420 agents planted in their board to do 420 bidding, they are removing all 420 owners form the board, have removed the 420 affiliated lawyer from the board and got a new one and are investigating financial irregularities against current and previous board members. Some who have since been suspended or fired. So at least Moffat can see how they have been screwed by Biggio and Justice and are taking steps to take their town back. Good for Moffat, I applaud them and wish them every success in ridding the town of these bottom feeders. Remember readers, unlike Biggio and Potch, I only tell the truth. This blog site is full of truth and I can back up each and every allegation in court, which Justice and Biggio are well aware, they send me messages and threats on a regular basis using go-betweens saying how they are going to sue me for this or that and are going to take everything I have. Of course it leads to nothing because it just threats with Potch, they are just bullies full of bluff and bluster, their threats do not scare me. As I keep saying, leave this to the courts, if you have stuff to file, then get on with it and stop dragging your feet spreading BS about me. Readers can see through Biggio and Justices lies and so will the courts. More updates soon including many recent incriminating text messages to many people, from the number ex con thus himself Mike Biggio,

 

UPDATE January 18th 2024

The judge in our case denied our motion to dismiss the defamation claims. But she stated she was not ruling or making an opinion on which side is being truthful. If the court ever does order this blog site to be taken down, I will immediately comply because unlike Biggio and Justice I obey the law. I'm looking forward to the trial as I can prove over 50 of their lies and have many witnesses to call who will corroborate my claims. Jurors usually believe the most truthful person, not the habitual liars and convicted felons who have allegedly done the exact same thing to others. So if the blog site does come down for a while, please be patient because when I win at trial, I'll be back to inform you guys of the result along with all the dockets and exhibits etc. All breach of contract cases come down to solid evidence and who is the most credible. I have a ton of evidence proving Potch to be liars and they have zero. Biggio and Justice lie to everyone even Salida judges and Snowmass police officers as well as Saguache court in this lawsuit. All easily provable lies. We will of course, prove them and many others at trial . So its a safe bet who will win the trail. Potch and their cronies are a little premature in their celebrations as they will soon discover. They don't have a snowball in hells chance of winning the case as they will find out once discovery and depositions are complete. 

 

 

These people can in no way claim defamation against me after all the lies and crap they told my wife about me especially that I was going to have her murdered. All the stuff on this blog site is true. They did way worse telling my wife all those lies just to try to get me made homeless. Will be good to see them try and wriggle their way out of this in court. There is simply no defense for what they did and its clear for all to see.

 

Update January 28th 2024.

Below is the baseless complaint Whitney Justice filed with Alamosa Sheriff within minutes of me send her an email telling her to stay the fuck away from my family. It seems all that Justice and Biggio do is whine and bitch about their enemies, file crappy false complaints against people, they are the biggest whiners I have ever seen. Talk about serial complainers, (when its Biggio and Justice doing all the illegal crap) and apply for protection orders from them. I've only sent 1 email to Biggio in 6 months and 1 to Whitney Justice. So why do they need a protection order from me? Of course they don't. Its Biggio with the multiple protection orders against him, Judges and Police are starting to not buy their bullshit. Biggio whines to the Denver detective that he is frustrated with Saguache Sheriff despite telling Pam (check texts above) that Sheriff Dan Warwick is a good friend of his.

 

Now readers please consider this, every single complaint I send in, regardless which law enforcement agency I send it to, I attach evidence to prove each and every part of my complaint, I also attach website link because of course this blog site is way more detailed and packed with more evidence. Now look at whiney ass Justice's complaint below, it is not only full of lies, which I will explain below the screenshots (sent by Biggio to my wife, again unsolicited, AFTER she complains to Sheriff Jackson about my ONE email in 6 months. She NEVER attaches any evidence to her complaints because they are bullshit. I emailed the investigator and sent him evidence of Whitney Justice convincing my wife she was going to be murdered and of Biggio doing the same thing HARD EVIDENCE, not bullshit was they keep spouting to anyone that will listen. This woman thinks she's special because she comes from Aspen ('I am a Pitkin county resident,', who gives  a crap where she lives, does not give her the right to be a serial liar). 

 

 

Now let me run though serial liar Justices lies in just this ONE complaint, all provable lies.

 

Lie number 1,, First she says I have not paid my mortgage, which as readers can see by all the evidence above, is not due until they give my my required power.

Lie number 2, She said I dismantled 2 websites after Officer Rushing contacted me, total bullshit, I did not take any down after he contacted me and he had no legal right to ask me to take them down. If you read the full Snowmass police report above (obtained using a public records records request) you will see that he never once mentions asking me to remove any websites.

Lie number 3, She says I continue to harass her by email??? I sent the woman ONE email in 6 months after I discovered she had called my wife and sent her over 200 texts (now THAT'S harassment, after being told to stay away from us by law enforcement, projection??) convincing her she was going to be killed and convincing her along with her partner in crime Biggio to file for divorce and a protection order.

Lie number 4, I never once represented that Sheriff was under my control and at that he would jump at the 'snap of my fingers' If I did it where is the evidence. these is NONE because its total bullshit like everything else that comes out of Justices mouth. If you read above I say I am not afraid of their thugs with assault rifles because the Sheriff is my neighbor and they have SWAT teams that eat people with assault rifles for breakfast. Proves Justice total bullshit as usual 

Lie number 5, That my wife called her begging for help. My wife had NEVER called Justice to that point which of course we can prove. Both Biggio and Justice reached out to my wife, Justice first telling her that she was gong to be murdered, causing my wife to almost shoot herself until the deputy come to her rescue. All this stuff we can prove. That's the problem with this stupid woman, all her lies are provable lies.

Lie number 6, That I am representing that the Sheriff plays by MY rules. another provable lie, give us the evidence Justice or shut the hell up.

Lie number 7, That I am running around using my friendship with Sheriff Jackson to threaten Justice.  If she has any evidence of this then please send it to the Sheriff, she won't because once again it total bullshit.

 

All the above lies are provable in court, if she tells this many lies in once complaint, imagine how many she tells every day, every week, every year???  She sent this complaint simply because I told her to stay the fuck away form my family, she knew she had been exposed so lashed out in the only way she knows how (false complaints to police). I have submitted Freedom of Information requests to EVERY county in Colorado to ask for full records of EVERY complaint, or legal application (Ie protection order) that Biggio and Justice have made or applied for in the past 5 years. It will take some time for them all to respond as they all have to sort through the appropriate records, but rest assured I will post them all on here once I get them, just so readers can see how much they bitch and whine for a living. 

 

Think about this readers. Biggio and Justice spend their days talking smack about their enemies. Myself, Erik Martinez, Sergio and John Negrin. The other day Biggio told someone in Moffat the reason people would not deal with them is because they still associated with Erik Martinez. this was a clear violation of Biggio's protection order not to harass Erik Martinez, I have lots of texts to different people where Biggio is still disparaging Erik, all because he would not let mobster Biggio come in on his Kush brands. He told this person he had a recording of Erik doing something bad. They knew Erik and told Biggio he was full of shit and to send the recording. Then the bullshit started. 'I sent it but it would not play' Then 'I sent it and it auto deleted and I'm in Denver so will have to send it later'. They constantly talk smack about their enemies but never back it up. Next time you hear a bad story from them about any of us, ask them to show evidence not just verbal bullshit. They won't be able to because all they do its spread lies. The only evidence they gave police in my case was 2 fabricated texts messages. The Snowmass Police of course looked into it and then saw it was bullshit. Now look at my blog website, every single  allegation I make against these people I back up with evidence. If it is something that someone told me, I don't put the evidence here to protect their identities, but I will share it with the court when the time comes. Read my whole blog site, it is jam packed with evidence. All of it true and all of it provable. That's why I am sure I will win the case. Plus I have more not published here, essentially the cruise missile to sink their case. Courts just don't buy bullshit. They want evidence. The other thing that want is credible people to testify, not compulsive habitual proven liars like Biggio and Justice. No-one will believe these fools in court after hearing all the solid evidence i have against them. That's why I am fighting so hard , because I know I will win.  

 

1st February 2024 Update

BIG UPDATE today and in the coming days. Those cheats at Potch underestimated me thinking I was just some dumb Brit who they could rip off and defraud like they had done to so many before me. 

 

The Protection order which was dismissed, along with the lie filled application is below, click the picture for the PDF which will open in a new window

 

So once again Potch filed a bullshit false protection order against me. I was served with it on Monday 29th January, using the same already debunked death threats that they filed in September and Snowmass found no link to myself with them (because they sent them to themselves). It also had fake Cyber threat by following and Cyber threat by name calling obscenities claims. This is despite the September Chaffee County protection order being dismissed WITH PREJUDICE by the Salida judge in September meaning the fake threats could never be used against me again. They think laws and rules don't apply for to them so on 8th December (as explained above) Biggio ignored the judge and tried yet again to use the BS threats to get a protection order but the Judge saw through his game and denied it.

 

On the 18th January Whitney Justice again tried to use the already debunked threats and padded it out with a lot of other BS and lies. This time she got the order using lies. I went to the permanent hearing in Aspen on 31st January. We had a trial lasting about 2.5 hours and I proved to the judge many of her lies. I was not even allowed to admit most of my evidence (here say, relevance or some other legal excuse). I cross examined Justice during the prosecution part of the case (bear in mind I have no legal experience, I am simply quite smart and have a great memory for lies) I proved many of her lies so much so that when the prosecution finished their case, and I was about to start my lengthy defense showing many more of her lies. The judge told me I need not bother as I had destroyed their crappy case so much that they had failed to meet the low 51% burden needed WITHOUT me even needing to bother putting on a defense. That is called a 'drubbing' which as I say they will get in their main case as well. As I always say 'Bullshit gets you to the courtroom door but truth always wins in the end'.  Don't forget, for my main case I have my attorney as well and despite Biggio's insults of him, I've seen him in action and he will tear them apart. 

 

A quick legal lesson for Justice, there is no such thing as Cyber threat by following if the person has published a static blog website. My blog website is static, it does not follow anybody it does not move. Justice is obsessed with my blog website and chooses to visit it many times every day. She follows my blog website not vice versa. Its no different to Justice following a person the street and asking for that person to be charged with stalking, absolutely bonkers. As for Cyber threat, directed use of name calling/obscenities, once again it was invalid. I do not call Justice any obscene names on my blog website, so once again her application did not survive these false and invalid claims. I can call them liars thugs and cheats because that's what they are and I can easily prove that in court. I had all this ready for my defense as the final nails in her case, but is was not even needed. I keep telling these people I am not an idiot. Law enforcement and courts have NEVER and can never order removal of any of my blog websites. I am always careful to publish only the the truth along with my 1st amendment free speech protected opinion. Finally, once again, as my blog website is demonstrably substantially true, it will survive any and all defamation claims they choose to pursue.

 

I have a near Photographic memory for tiny details which is why I can laser focus and zero in on this pairs BS lies so easily. Plus I have countless detailed public records from many other cases that prove their bullshit, ie Justices and Biggio's statement alleging more Martinez death threats in their Denver case. I have more than enough to prove not only my case, but to debunk many of the false allegations they have made against other people.  Lies are so easy to prove. 

 

Justice pretended she was terrified of me and needed court protection immediately despite saying this to my wife in December

So she lied to the judge once again saying she was in terrible fear of me. She is a terrible actress and the Judge saw right through her bullshit just as the Saguache judge will. 

 

Remember their boasting below

Well as for Justice saying I have never gone up against her. Well now and I have gone against BOTH and her high priced lawyer and she LOST. I beat them ALONE without my attorney. And Biggio saying "Whitney is a litigation master. She NEVER loses, this woman is a machine." Well she has lost and now and will lose again in our main trial. They cannot win a case with lies and I have overwhelming evidence of them and of their denied power promise as well as probably over a hundred provable lies to destroy them with in court. Plus we are claiming 'Abuse of process' for all the fake complaints they keep making against me. Any future complaints they choose to make will be added to this count alone which will cost them tens of thousands of dollars damages minimum and possibly over a hundred thousand, Just this one count alone. Imagine what what he rest of the counts will cost them in damages alone. This is in ADDITION to full reimbursement of all my investment, interest, legal fees and more. PLUS, as I told you guys way back in August, TRIPLE damages because of their fraud. These people refused to return my $100,000 they owed. They kept in on purpose thinking they were smart. So now they pay triple damages on this count and other counts. Its way past time these cheats were held to account. They can have their crappy land back, sure. But instead of swindling it back like they usually do from other deceived buyers, it will cost them, millions of dollars this time. And the trial will be well documented in the press which prevent others falling for their lies in future. Plus I will of course inform news organizations of my counterclaim. I'm sure they will run with this story now it is so much juicier. My attorney even likened it to the frauds in the old mining days, where landowners sprinkled gold on land to pretend there was gold there, then sold the land at super inflated prices. Potch did just that with me with their promised power, before bait and switching me to 8% of the promised power and then trying to foreclose and steal my land back as well as steal my $1 million building. So a serious crime with these kid of numbers involved.  Clear fraud and so easily provable. They chose to go to war rather than honor a simple business promise. Because that what's these thugs do, they fight and cheat and lie to try and get their own way. Its about time these cheats were taught a lesson They must now face the consequences of that choice. 

 

Good, I hope Potch, Biggio and Justice don't settle, as I am suing Justice and Biggio personally as well as Potch. I hope they go to trail, lose and pay me my $2 million or more in reimbursement and considerable damages and be  exposed as the liars and cheats they clearly are. I have the time, patience and money to see this through to the end. Should not take more than 6 to 12 months or so anyway.  That will teach them to screw with my family and to keep trying to rip people off. So now we can finally move forward to the next stages of our trial including depositions, interrogatories etc and them prepare for the trial itself and get this issue resolved and put to rest once and for all. 

 

So much for Biggio and his BS promises to my wife to take everything I own. Again admitting his land fraud in writing, sell then repossess, stupid man. The very opposite may well be true. That's for the Saguache Court to decide. 

 

I will shortly be posting our $2.5+ million counterclaim which was filed yesterday and alleges Theft, Fraud deception, Ponzi scheme and many many more actions which I can PROVE Potch are Guilty of.  We shall conclusively prove this at trial. Well perhaps 99.5%, certainly way higher than the 51% bar required in civil trials. 

 

Update 2nd February 2024

We have filed our counterclaim against Potch and we are going to hold them fully accountable for the fraud and theft they perpetrated against us, So for anyone Potch has lied to in the past few months say they are going to win in court, you can see the serious (PROVABLE) claims we have made against them, unlike their BS claims they made against us.  I cannot post the counterclaim itself yet as I am give news organizations time to digest it first. But below are the 10 counts we cre claiming full refund of all monies spent, including, interest costs etc, as all as substantial damages for all their theft and fraud, false advertising, bait & switch practices etc. Full counterclaim we be posted as soon as I have the go ahead to post it. Every complaint they file against me. Any other civil case they file against me (anything related should of course be added to this existing case as they are now both being sued personally, for 7 separate counts,  in addition to their company Potch LLC, even the Pitkin Judge said this should have been filed in Saguache County which was of course correct, so no more 12 hour round trips to Aspen for me). Every single additional action they take against me (to try to intimidate me) from here to trial, will be added to the 'Abuse of Process' claim to increase the damages claimed under this count. After 6 months of their bullshit and games, they are about to discover that "Shit just got real!!!!"

 

Please scroll down to 5th February update to view the counterclaim in full. 

 

UPDATE 3rd February 2024

Potch are still going around complaining about my blog website. They need to realize that they bear 100% responsibility for this blog website. They are so used to screwing people over with their lies and bait & switch practices, they really thought it would work on me. Well the were woefully mistaken. They purposely watched me build my $1 million+ building, knowing full well they were going to screw me for power. They watched me invest close to $2 million into my project, then they pounced. They really thought they could rob me like they had robbed co many others before them. It was either roll over and walk away like others had been forced to do, or simply stand up to these people who clearly had no moral compass.  I had no idea I would be simply one in a long  line of victims. They knew this yet still tried to steal my land and building. This is a clear $2 million attempted theft, the awarded damages will be enormous. Now I can prove all this conclusively in court and bring many other disgruntled victims into court to tell their story. We will solve this once and for all in court. I think that Potch will not survive this case, its too detailed, it will likely be fatal for them and extremely costly for its owners Biggio and Justice. Again, its their fault, not mine, I did not choose for them to screw me on power, they made that choice. Just as they made the choice to screw many others before me,. They did not need to go down that road, they had had a golden opportunity to make tens of millions of dollars legally. However, clearly, dishonesty ran in their blood, so they chose the illegal route instead.  Again, that's on them. They should stop projecting their behavior onto others, Death Threats, harassment, stalking, theft etc. They should look inwardly to themselves for the cause of all this hassle. Next they need to prepare for the  rough ride they are about to face in court. It will end with their total defeat of course and they can disappear off into the sunset, licking their wounds, hopefully unable to hurt others in this way in future.  

 

UPDATE 4th February 2024

As mentioned throughout this blog site, I put my name to everything I say about people and I back every allegation up with hard evidence. Now please look at the below posted December 19th by Whitney Justice as a comment on a news article. Now I know its Ms Justice because she mentioned almost every allegation in here VERBATIM during our court case last week.  Remember as I told you, when people stand up to them, all they do is bad mouth them and spread lies about them. 75% of Ms Justices comments are disparaging me. Also note that she states (way back December 19th last year) that there is a disparagement action in the works with 7 individuals spanning 4 states being launched. More complete bullshit. Yes, all these thieves and fraudsters hate it when I expose them online. I get that. But they can never win any disparagement, defamation or any other action in court, why? BECAUSE ALL MY SITES CONTAIN ONLY THE TRUTH. And that's where their plans collapse. Once again Whitney Justice is a coward, she is to scared to put her name behind the post, even though its clearly her as she repeated it in court last week. This coward has to hide behind the Pseudonym 'Bradley' because she does not have the courage to stand behind her own allegations, unlike myself of course, I am happy to put my name to this blog site and every allegation in it because its all true and I'm not a coward.

 

FYI 'Ms Bradley Justice', I did my due diligence on the land I purchased, I just did not expect a pair of bare faced liars to let me down on my promised power. My only mistake was believing you two. Your only mistake was thinking you could steal from me when I had so much evidence of your misdeeds in writing to nail you with. Yes I ploughed $2 million into my investment before you and you lying partner tried to steal it back from me as you have done to others before me. Now we go to court and you get caught out on your lies and can pay me $2.5 million? $3 million?.  Its your own fault for stealing from people for years. As for my malicious blog websites, they perform a public service by warning people to stay away from dishonest sharks like yourselves and your felon partner Biggio. Biggio told my wife you and his wife hate each other because she is convinced you and him are having an affair. I have no idea if that's true, but by the way this loser came on to my wife behind my back, nothing would surprise me. Perhaps that's why you defend this loser so much. Although what's that saying about 'Birds of a feather...'? As I keep saying Ms justice, if you tell lies about me.... expect me too tell the truth about you. Now go crying to your lawyer about my blog website yet again. waahhh waaaahh. Or make some more anonymous posts, or make some more false complaints to police or judges, that's all this pair are fit for. For those of you asking if I am just a bit angry about this, too bloody right I am. How would you feel if someone deceived you and tried to steal $2 million from you, then almost convinced your wife to kill herself, then paid for her divorce and a protection order to try and destroy your marriage and make you homeless? I'm super angry and determined to make these losers pay. 

 

OK lets run though a few of her allegations. First, it says I failed to present my power needs to her until 4 months after closing. Thanks for the admission Ms Justice. Once again, you just destroyed your lawsuit right there. She states in the suit, they never promised, me power, had no idea I needed power, and that any power deal was between myself and power company. If that was the case, they would never have put the power clause in my contract, would never have accepted my load letter as she admitted here and as she admitted to Officer Rushing of the Snowmass Police Dept. You give your load letter to the person setting up your power, end of story. Completely different so her allegations to the contrary in the lawsuit. Second, the insults, like a spoiled brat. Accusing me of having a mental illness. So what if I am bipolar? So are 7 million other Americans. So what if I am on the autism spectrum so are many millions of Americans,. Why does Ms Justice think its fine to bash people with medical conditions (disabilities) is she really that shallow and heartless? It would seem so. As mentioned above, my criminal history was expunged and is officially non-existent now. Unlike her business partners 13 page rap sheet above. The only people who ever get to see it are government agencies when checking for security clearance applications etc. Ms Justice is breaking the law by telling people about a criminal history I have that is expunged.  She says I was sued in Florida for harassment. Yes true, many years back. But what she fails to add is that the lawsuit was dropped and I did not have to pay a dime. 

 

Justice and Biggio are serial liars and that will be their undoing. That and the fact they do not know when to shut up. They have both told so many lies they struggle to keep them straight. They have tripped over their own lies enough already to destroy their own lawsuit. Ms Justice destroyed her own protection order case last week by constantly lying and I kept catching her out on those lies. Do people really think that on my 1st time dealing with a trial alone that I, Terry Ferrari, really kicked the butt of her esteemed Attorney A Mortkin?  This guy used to be a Judge and an assistant District Attorney. Of course I did not beat him on legal skills alone. He had hundreds of trials under his belt. I beat him with two simple things 1) Evidence and 2) the Truth.  The best attorney in the world cannot beat overwhelming evidence and truth (unless perhaps they are part of OJ Simpsons dream team) and that why I always win my lawsuits. Because I always have truth and hard evidence on my side. Justice and Biggio would sue anyone with bullshit, then their opponent may likely concede due to lack of funds etc. I only sue if I am 100% right and have truth and evidence to back it up. Justice simply could not stop tripping over her own lies in court. It go so bad that HER attorney was shouting at her to shut up. It was a lot like 'My Cousin Vinny' with the same great result. So let these people keep disparaging me all they like, it just shows how thin skinned they are and how wholly unsuited to the business world they really are. 

 

These people they lie like its an Olympic sport, they lie to everyone about everything. They have gotten away with it for so long because no-one calls them out on it. Not even law enforcement and Judges which is why they have gotten so brazen. Well I call bullshit on all their lies. Let me Give you an example of their lies. In the lawsuit remember the lawsuit lies are locked in so they cannot change them). 'We sold him land without power and had no idea he even needed power,' locked in. 'He gave his load letter to SLVREC' locked in. Total lie as confirmed by SLVREC themselves who will swear in court all their power discussions were with liar Justice and Potch. Then to Snowmass Law enforcement. 'I sold him land in May' (lie it was august, check the contract liars) and 'He had to provide us a load letter within 6 months' (note admission of my promised power to law enforcement) 'When he did not give it until 6 months, I kept hounding him for it them asked him for interest'. Also 'We did not get his load letter until after he had finished his building.' More lies to law enforcement, easily provable. Then comments on the news thread above.' He did not supply his load letter until 4 months (closer to the truth but still a lie) after closing.' Do you see how these idiots forget their own lies and keep changing their story? Let me clear it up for the liars with the bad memories, Biggio and Justice, and for the rest of readers. We closed on the land in August 2021, we sent the load letter to Biggio on 16th November 2021 (3 months after closing) load letter email is HERE (see how I give evidence to back up my truth and they give nothing to back up their lies?)  Bullshitter Biggios text message acceptance of the load letter is above. Note, its 3 months after closing, not over 6 months and not 4 months. We started construction of  our 15,000 concrete slab MAY 2022, SIX Months after giving Potch the liars their required load letter. We can prove this by the huge concrete deliveries we had for our foundation pad, plus the testimonies of all the contractors. This is just one lie they keep changing the story on, the most far from the truth is the version they submitted with the court saying they never promised us power when we have liar Biggio accepting the load letter in writing. We have so many lies these people have told all provable and all will eventually cause them to self destruct.  As I say the truth does not change so is always a piece of cake to prove. They thought they could screw us like the others and steal our $2 million investment. But they underestimated us and they came unstuck and this will open the floodgates to many other lawsuits from people they have ripped off.

 

Liar Justice described this blog website as a 'manifesto' in Pitkin court last week. This blog site is not a 'manifesto'. Its lengthy and exhaustive and it 100% proves Justice, Biggio and Potch to be complete liars. They have battled me for 6 months, In the entire 6 months I have been investigating these rogues. This past 6 months, I've devoted my life to exposing these rogues. I've had plenty of help from other victims. I think I have completely succeeded and so do almost all readers that take the time to read this blog site in its entirety. Yes it's obsessive, yes it's exhaustive, but its all true and exposes this pair for just what they are. I am still happy to receive more dirt on this pair. If you have it, by all means send it over. 

 

As a reminder, as soon as I prove these lowlifes DID promise me power, then everything on this blog website is immediately classed as 'Substantially true' without further investigation, so all defamation claims fail. Its a piece of cake to prove the power promise, I have already done so here , plus I have more evidence to supply in court. Then all my name calling, liars, cheats, thieves, scumbags etc, is completely justified because its clear from their lawsuit and from their admissions to my wife (when trying to wreck my marriage) that they purposely planned to steal my $2 million investment by foreclosing on it when they knew all along they had promised me power. That of course makes the pair of them Bona Fide Liars, Thieves, Cheats and Scumbags as well as every other name I have called them on this blog website. If someone tries to steal $2 million from you, I'm pretty sure you can call them any names you like and nobody in their right mind will have an ounce of sympathy for them. 

 

Update 5th February 2024

As promised here is the detailed counterclaim against Potch and Justice and Biggio personally. The full PDF can be seen by clicking HERE or on the picture below. Our claim is filled with facts, plus we can and will prove each and every one of our allegations. Unlike serial bullshitters Justice and Biggio who have nonsensical claims that they simple cannot substantiate because they are all false. So once we finally get to trial we can expose this pair of jokers as the liars that they clearly are. 

 

Update 6th February 2024

Today we have even more spiteful abuse from Whitney Justice. Talking to one owner at Area 420 (John Negrin), about another owner (myself). January 10th 2024 at 9.59pm. She is calling me John's 'little bitch'.   So next time you hear this woman whining and feeling sorry for herself, remind yourself just how she speaks about others. Yet Justice has the gall to accuse me off harassment. Hypocritical to say the least. Coming from the person who badmouths me every chance she gets and also sent my wife 186 texts in secret, many calling me names. If you are considering buying in Area 420, ask yourself if you wish to do business with such people who badmouth others all the time, try to steal their substantial investment from them and pays thousands of dollars trying to wreck their marriage should that person have the temerity to stand up to these rip-off merchants. That's your decision to make. All I can do is put the facts out there, so you can make the most informed decision possible. As justice says, 'Do your due diligence'. Well you can do that that is you spend a few hours reading this blog site in its entirety. You could save yourself, tens of thousands or hundreds of thousand of dollars.

 

 

 

Yes you are correct Ms Justice, The hypocrisy of you making public statements about someone you claim to be terrified of is not lost on me. Yes it is a bunch of bullshit. As I say with these lying, cheating swindlers, they continually project their behavior onto others.

 

Update 8th February 2024

For anyone still following thug Biggios assault case, he was back in Saguache court today. The hearing was adjourned until Feb 29th. Rest assured he will one day face the music for his vicious unprovoked attack on Erik Martinez. Of course Biggio was not man enough to face him alone. He had to bring 4 buddies with him, one armed with an assault rifle as you can see in the video at the top of this blog website. Real tough guy... not. 

 

Update 9th February 2024

Now I finally have some spare time. I would like to run trough a few of Ms Justices lies directly to the honorable Pitkin County judge during our protection order hearing on 31st January.

 

Firstly she stated that I had ignored Alamosa Sheriff Investigator's DEMAND not do contact Ms Justice. I have NEVER spoken to the investigator and I informed Ms Justice of this. Most importantly she tried to defraud the court and the judge into believing that I had emailed her on the 12th January, a full 3 days after she filed the complaint with the Alamosa Sheriff.  She also lied and said Officer Rushing DEMANDED I not contact Ms Justice. I presented Ms Justice with Officer Rushings report stating he ASKED both parties to keep communications via attorneys. Asking someone to do something is a long way from demanding, Also, as I pointed out to Ms Justice, she breached our agreement with Officer Rushing first by texting my wife almost 200 times. Most importantly I pointed out how she deliberately LIED 4 times in this one section of the TPO application by trying to mislead the judge into believing that she I had emailed her over 3 days after her complaint to Alamosa Sheriff, making it seem as I had disregarded Alamosa Investigator's non-existent instruction to me to refrain from contacting Ms Justice. Copy of the relevant section of Justices TPO application is below with the 4 deliberately changed dates circled in red.

I pointed out to Ms Justice that she had deliberately lied in their application to mislead the court by changing the date of my email to her. She denied it at first which she always does, she doubles down on her lies until someone disproves them as I did. I showed Ms Justice a copy of my email to her including the original headers generated by Google. These headers are traceable and verifiable by Google when checking the authenticity of any email. This was irrefutable proof of more of Justices dishonesty. Getting the date wrong once could be a slip of the finger, but FOUR TIMES, its clear dishonesty. A trait Ms Justice has in spades. NOTE: As for the compromising picture, I have removed it for the time being because I am told this may well lead to a charge of indecent exposure for Ms Justice. It was within 50 ft of a public road so I hope it does. Also it was within a few hundred feet of a public school and well within view of any people at that school. This could lead to an enhanced higher degree charge which, if convicted, could see Ms Justice placed on the sex offenders register. I hope it does, its just what this woman, who thinks laws and rules to not apply to her privileged self, deserves. Justice tried to claim to the Pitkin judge that it was a big joke with her just waving her finger in the air. Yeah right, the judge saw right though her bullshit just like all who read this blog website do.  

 

PROOF of 4 instances of Justice lying to the court above. My email was sent to Ms Justice a full 18 hours before she made the complaint to Alamosa Sheriff. A fact which Ms Justice was only too aware. However, she thinks laws and rules do not apply to her plus she is not used to getting called out on her lies. So she started the application with the 4 lies above. Of course, I did call her out on her easily provable bullshit, I showed her to be a liar in court, first with the above lies then with the below

 

Next big lie from Justice in her Alamosa Sheriff complaint and tot he Pitkin County Judge was that I threatened to unleash the Alamosa Sheriff onto other like an attack dog. I asked Ms Justice to please show me exactly when and where I had made this threat. Ms Justice stated (to the judge), Well he threatened to set the Sheriffs SWAT team onto me. Another clearly provable lie as I explained to Ms Justice right there during cross examination. I stated 'Well my website says that I am not worried about thugs with assault rifles as the Sheriff is my Neighbor and they have SWAT Teams, Swat teams eat thugs with assault rifles for breakfast. I said to Ms Justice, unless you are a thug with an assault rifle, then I have certainly ever threatened you with my local sheriff or with his SWAT team. Here is the relevant extract from further up this very site to save you scrolling.   "So I'm not worried about these gangsters threats. Also, The county Sheriff is my neighbor. He has SWAT teams ready at a moments notice. SWAT teams eat thugs with assault rifles for breakfast"

 

Next lie from Justice to the Pitkin Judge and to the Alamosa Sheriff was that my wife Pam called her in tears begging her fro help out of the blue on the 17th December 2023. Not only does the call log below PROVE that to be bullshit. First call to my wife from Whitney was INCOMING and then my wife later called her back after Justice told my wife she was going to be killed. I cam getting 100% proof of this incoming call from our cell-phone provider for our lawsuit because Ms Justice had the bare faced cheek to continue this denial on the stand to the judge even when I had the call log in front of myself, the Judge and her Attorney. This is how dumb this woman is, she does not know when to quit and keeps digging herself deeper and deeper holes. I asked Ms Justice if my wife was her friend and she said no. I asked Ms Justice how many times she had spoken to my wife in her entire life, she said ONCE. I asked her when that was, she said it was 3 or 4 years ago and for 2 minutes. I then put it to Ms Justice that out of every person in the whole world, Ms Justice was the very last person that wife would call in tears begging for help. Ms Justice simply stated, well she did, so once again doubling down on her lie. 

 

Extract from forensically verifiable call log PROVING Ms Justice to be a bare faced liar is below. This proves conclusively that Ms Justice called my wife and, in tandem with her crooked partner Biggio, proceeded to call many times in the next 3 weeks and also send over 800 texts between them to my wife who neither of them were friends with, they just tried to use my wife to get to me. The death threats to my wife and the paying for her to divorce me and get a protection order is going to be added to the 'Abuse of Process' count of our counterclaim as the trial progresses. More hefty damages this crooked pair are on the hook for. They rolled the dice trying to attack me through my wife, and they lost. They can pay the price for this in our main trial as well as all the other illegal shit they have pulled trying their best to get this blog website removed and to make the lawsuit go away. As readers can see, they are both still marching on and will stay that way until this pair are punished for all their misdeeds

The next lie justice says on her TPO application is that she was ''Cyber Abused'?????? by Name calling and directed use of obscenities. This is a clear lie, I have never called Ms Justice Obscene names. I have called her a liar, cheat, thug, fraudster and many other similar names. Neither of them qualify for a protection order as the judge knew only too well. For clarification, I stand by all the names I called Ms Justice, I can prove each and every name beyond any reasonable doubt during our trial. I don't even need to proved it beyond doubt, just the super low bar of 51%, ie more probable than not.  I'm pretty sure every single person who reads this blog website will come to exactly the same conclusion about the dishonest Ms Justice and so will every member of the jury in our trial.

 

The next lie she says is Threat by Following Cyber????. Another completely BS claim. I have only seen Ms Justice 3 times in my entire life. I certainly do not follow her anywhere, I have better things to do, If I was a stalker, she would be the last person I would stalk. What a waste of time, following around this boring compulsive liar. I explained to the honorable judge, I don't follow this woman online or anywhere else. As I explained above, SHE follows my blog website. Every single days she checks it to see what more dirt I have uncovered on her and her criminal partner Biggio. My blog website is static, it does not and cannot follow anybody.

 

The next lie she said was when I questioned her about the other death threat that she fabricated in order to have Erik Martinez arrested. She lied and said the Denver Detective (Richard Jamarillo) told her that he figured out the threats must have come from Mr Martinez. I was ready for this lie and directed Ms Justice to the part of her telephone statement to the Denver detective. (Her attorney was shocked that I had this internal case information, they really have no idea. I have so much of this stuff for trial from public records, FOIA requests and other means. I will even have transcripts where they both lied to judges, I am in the process of getting the entire Pitkin County Jan 31st Hearing transcript, so my attorney can grill Ms Justice once again on her stream of constant lies to the Pitkin judge. I'm sure the Saguache Judge in our trial will be most annoyed to see such a stream of lies being directed to a fellow judge. Same for Biggio. One of his transcripts filled with lies is due in the next week or so, I will post extract here to prove more of this losers lies.) 

 

Next lie is that I am in default of an owner financed deed for the land they sold me. As my attorney points out in our counterclaim, I am not due to pay them any money until they give me my required power. In fact THEY owe ME money. $100,000 overpayment which was not due and is still not due. as mentioned in my counterclaim. This claim is for civil theft  because I demanded the money back in August 2023 and told them if they ignored the demand it would lead to a claim for civil theft which would hike the damages up to TRIPLE the amount. They ignored this because they think they are smart and above the law. Now in my case they will see that are not, when they get hit hard in the pocket. Next lie was that Alamosa Investigator had warned me not to contact Ms Justice. To his day, I have NEVER spoken to the Investigator nor have I been warned by ANYONE at he Alamosa Sheriffs office not to contact habitual liar Justice. The thing that Ms Justice needs to learn is that every time she feeds her usual bullshit to a judge or law enforcement officer, it may work for the first few hours or days. But then I tell that law enforcement or judge the actual truth and I back it up with literally piles and piles of hard evidence. Justice either never supplies evidence to back up her bullshit allegations, or she manufactures evidence just as she faked the death threats from myself. Once the law or judges see my evidence, they usually see pretty quickly just how much the accuser Justice is the guilty party. I get to save all the lies in her complaints to sheriffs, judges etc and use them all in my lawsuit as proof of her dishonesty and her abusing the judicial process by obtaining protection orders and paying my wife to divorce me and kick me out of my home. So everything this scheming woman does not only backfires, but it will all be used against her in my lawsuit. As for the harassing email she received. The judge took her time and read through the entire email (copy above), there were no physical threats in the email, its was telling her to stay the f**k away from me and my family after all her misdeeds with my wife over the holidays. It was also telling her to keep all communications between attorneys going forward and it was also advising her to stay on the right side of that law for a change. Hardly a threatening or stalking email in any way shape or form. As I say, their idiots lies always collapse as soon as they are subject to scrutiny. 

 

Next lie is that I have been Cyber Harassing her for months. Publishing a TRUE blog website exposing a persons or companies misdeeds does NOT class as harassment. Ms Justice keeps bleating and whining about this blog website but it will; not do her any good. I know the law, I respect the law and I (unlike Justice and Biggio) know exactly how to stay within  the parameters of the law yet still expose crooked people to the world for their illegal or wrong actions. 

 

I hope readers can see just how terrible this pair are at lying. As soon as anyone (ie myself) digs into their lies, they fall apart. None of their lies stand up to scrutiny. I proved 7 lies above on Justices Alamosa Sheriff's complaint alone and many more above on the Pitkin Protection order complaint. I have many more lies to trip these people up with. I'm saying some of the best for trial, but will of course publish them here after the trail. 

 

UPDATE 28th February 2024

Alamosa Sheriff have issued a 2nd degree misdemeanor harassment charge to Terry Ferrari over this blog website. It is completely 1st amendment protected and in no way constitutes harassment as confirmed by the Pitkin County Court Judge (The Honorable Ashley Renee Andrews) on 31st January after a 2.5 hour trial. Justice made the same complaints to the Judge Andrews that she made to the Alamosa Sheriff (posted unflattering picture, cyber stalking, cyber harassment etc) Judge Andrews looked into all the allegations in detail during the hearing and found that NONE of them were proven. She clearly stated that the place to resolve the website issues was the Saguache Civil Court, where the matter is already being litigated. Potch and its representatives pay no attention to judges but I'm sure other judges will when they see just how many complaints these people have made in the many different counties until they find someone willing to listen to their BS. I have ordered a copy of the Pitkin Court hearing transcript to show the Honorable Alamosa judge just how much he is being used once again by these people. The SAME judge in the Alamosa harassment case stated to my wife in January 2024 (when SHE applied for a protection order against Biggio and Justice) that he was fully aware of all the details of this case and knew who all the players were. He found there was no imminent threat then just as there is no imminent nor credible threat of any kind now. Lets hope that he means what he says and common sense prevails. I'm hoping that a genuine, fair, and honest judge will hate to see the way these people have manipulated the judicial system for their own selfish gains. I will post the outcome of the case here once it has been resolved. In the interim, I have had this blog website checked and, even though it was fully 1st amendment compliant, I have had any potentially contentious section removed to keep it more fact based and less opinion based. Although, to be clear, both are equally allowed over Americas broad, heavily 1st Amendment protected, free speech laws. 

 

UPDATE 29th February 2024

I finally have time to post the two latest filings in the case. Both are filed by Potch attorney Eric Theile. First is a motion to dismiss some of our counterclaims which can be seen HERE (opens in a new window). Secondly is their answer to our counterclaims, mostly full of denials which can be seen HERE (opens in a new window). As stated above, I will bring you BOTH sides of the case and ALL the evidence, not just some cherry picked stuff to make the other side look bad. That is the whole point of this 1st amendment protected public interest blog site. This is meant to be a one stop shop to see all the developments in the case.

 

UPDATE 3rd March 2024

People are starting to publish more balanced articles on Area 420 and Moffat instead of the heavily one sided stuff we are all so used to. Starting with PBS that have just released an article and accompanying video. The article can be seen HERE and the video can be seen by clinking on the picture (both the article and video will open in a new window). The stars of the article are Sergio Negrin, his family and their company Miracle Farms. You may remember them from further up this article. Decent, honest, hardworking people. Also they, along with their business have a LIFETIME protection order against Area420/Potch LLC co-ower Mike Biggio due this his continued threats against the whole family. 

 

Also, I have just obtained the transcript ruling from the Honorable judge Andrews in Pitkin when she denied Justices motion for a protection order. She clearly states in the ruling that the website (which is all justice seems to be concerned about according to judge Andrews) should be dealt with in the Saguache civil court which is where it is already being litigated. I just have the ruling for now, but have ordered the entire 2.5 hour trial transcript to shows justices lies to the Honorable judge Andrews. As usual, Justice tends to ignore Judges  rulings and is continually hawking her far fetched story from County to County, Judge to Judge and from Law Enforcement to Law Enforcement until she finds someone willing to buy her BS. This will backfire in our main trial as I will have every single complaint, transcript, police report and court application, all filled with lies to confront Justice and Biggio with, I have also ordered the full transcript from the Biggio hearing on the 8th December in Saguache county when he illegally used the same fake death threats as he had used in Chaffee County back in September. I know Justice and Biggio seem to lie to authorities every chance they get, so it will be interesting to see just what lies Biggio told in the Saguache hearing. The full ruling by the Honorable Judge Andrews can be seen by clicking on the extract picture below. Note: PDF file opens in a new window.

 

 

 

UPDATE 6th March 2024

For anyone doubting that this is a public interest blog website that also finds evidence to help my case, please read the email below. It is one of many I have received unsolicited in the seven months since launching this blog website. This person worked for a power company and (way back in 2021, proving this fraud goes way back) did not like the way Mike Biggio and Whitney Justice were taking advantage of people. Also proves they knew that getting power was a longshot, a) When they sold me my land with guaranteed power promise in August 2021 and b) When they accepted my 2886 Amps 3 phase power requirement load letter on November 16th 2021 (6 months BEFORE I started construction on my $1 million building, plenty of time to save us all the drama we now find ourselves entangled in). As I keep saying my case is watertight, their case is an absolute non starter as they will soon discover. Yet another person telling an all too familiar story, with no axe to grind, no connection to area 420 or even the Marijuana industry. Just another concerned citizen who did not like to see innocent buyers being ripped off.  I usually save most of this ancillary stuff for my trial but wanted to share this most recent email for anyone viewing this blog website and deciding how much of a public interest it serves. At some point in a few months or a year or so, this matter will finally reach trial in Saguache county and we can resolve these issues once and for all. In the meantime, I will continue to post updates and legal filings on here as long as it can be done so without upsetting the powers that be. 

 

 

UPDATE 13th March 2024

Myself and other victims of Potch, Justice and Biggio have all filed separate complaints with the FBI. I personally know of 6 separate complaints at this point. There are so many victims of this alleged swindle and local law enforcement seem slow to act. I expect the FBI to jump on this case quickly as the potential losses run into millions of dollars. My investment alone is in excess of $1.8 million and they are trying to steal my building off me by claiming they never offered me power when I have irrefutable proof they promised me 2886 amps of 3 phase power as well as the owner on tape saying that I was getting 1600 amps of power in the interim whilst they resolved it, when all they gave me was a completely unsuitable 200 amps. Hopefully this time it will lead to long overdue charges. The alleged fraud has been perpetrated across state lines with victims in other states which makes this a federal crime and falls squarely within the FBI's jurisdiction. I consider this to be interstate wire fraud as it was initially perpetrated over the telephone and email (crucial elements of wire fraud) when the defendants were in Colorado and I was in Florida and other victims were in other states. If wire fraud is proven it carries a sentence of up to 20 years in Federal prison. I am also alleging cyber-crime as the fraud began with them inducing myself and others into investing with their website promising everything available on site including power. I have proof that this alleged fraud along with their purported death threats to other goes back many years, well before I was duped into this bogus investment. I did nothing wrong here apart from fall for their lies and invest in their deceitful real estate scheme. These people have spent over 7 months trying to destroy me and my marriage rather then simply honor their original power promise. Instead they thought they could swindle me by using many provably false statements in their lawsuit to try and foreclose on my significant investment. They have attributed death threats to me which of course did not come from me. They have continually used these bogus death threats to apply for multiple protection orders, even after Chaffee County Judge Andrews dismissed the first one with prejudice meaning the threats could  never be used against me again. It did not bother them, they just kept using them as they have no respect for the law nor judges orders. Those TPO's that they were successful in getting were promptly dismissed by judges who saw through their nonsense. They paid $5000 for my wife to divorce me and $3000 for a protection order to remove me from my home. They have even filed a complaint filled with lies with the Alamosa Sheriff which led to me being charged with Misdemeanor harassment over my 100% 1st amendment protected free speech blog website. A charge that I expect to be dismissed. If found guilty, I will immediately appeal it to a higher court as the law here is crystal clear and not open to any other interpretation. I have even recently had anonymous allegations filed against my company at Area 420. MED agents came to check out the complaint and immediately knew it was bullshit. They know I am fully legal and did not even want to come in and inspect my building. I am sick to death of their games and BS. They know they are certain to lose this case in Saguache civil court so are trying every underhand method to weaken or destroy me beforehand as well as to drag out the case as long as they can which is fine by me as I have an alternative income stream to outlast the civil case. I am now going to send my complete dossier of evidence against them to every law enforcement agency possible including the Colorado attorney general. I will also send all the evidence and contact info of the other victims that have contacted me. Also to the agencies in other states for example Florida where I was initially duped. If local law enforcement are hesitant to act against these people, I expect either state or national law enforcement to take appropriate action after receiving my voluminous evidence. I will also send it to national investigative news agencies, Dateline, 20/20, 48 hours etc. I have heaps proof to back up every allegation. This is a big story, supposedly the largest co-op Marijuana development in Colorado with a string of victims all telling similar stories of lies, deceit and underhand foreclosures by the developers and many, such as myself, willing to go on camera and tell their story to the world. I will not stop until these people are held to account. It's time someone stood up to these people who seem to ride roughshod over everybody in their path. If you feel that you have been victimized and deceived by these people, please file your own complaint with the FBI online. Its a free service and does not take long to complete the online complaint, just have your full complaint and evidence ready at the time of filing. I know there are other victims awaiting the outcome of my civil lawsuit before filing their own lawsuits. The more victims that complain to the FBI now, the quicker they should investigate and resolve this matter. If the perpetrators are charged, of course that would strengthen any and all civil cases against them. 

 

UPDATE 14th March 2024

I have just received the full transcript of the 8th December hearing on the illegal application Biggio made to Saguache court for a protection order against me using the same death threats that he used to get the Salida protection order back in September. He completely lies to the honorable judge in this hearing pretending he had no idea of the outcome of the Salida protection order hearing when he knew full well Judge Andrews dismissed the protection order with prejudice and assured me that the threats could never be used to obtain another protection order against me. I posted the judge Andrews ruling on my blog site the next day and have proof from my server logs that Biggio has visited my blog site hundreds of times in the weeks and months following that ruling, so I know for sure he was fully aware of the ruling. He also lied saying he could not attend the September permanent protection order in Salida as he had the Saguache criminal hearing the same day. That again was BS. How do I know? Because I attended BOTH Salida and Saguache hearings that Biggio claimed could not be done, including a 10 minute extra wait judge Andrews granted to give Biggio extra time to arrive at the Salida hearing. Then I arrived at Biggio's Saguache criminal hearing with 30 minutes to spare. Biggio did not attend the Salida hearing as he knew I had discovered he had lied to the court on his TPO application and intended to expose him. As I keep saying, these people lie to authorities all the time. Nobody calls them out on it until now. You can see below Biggio lied to the judge on 8th December saying he had only found out the day before from detective Jamarilllo that Mr Martinez had supposedly sent the video death threats, but if you check the record of the phone call between Biggio and Det Jamarillo, you will see it was over 2 months earlier on the 29th September. I have documentary proof to catch these people out in lie after lie after lie. I am obtaining the transcripts off all court hearings and Police reports involving Biggio or Justice as well as full police investigation records using freedom of information act requests, (this transcript alone cost hundreds of dollars) to prove without doubt that these people are habitual liars. I have Judge Andrews in Salida ruling showing she dismissed the protection order with prejudice. I have lots of proof Biggio lied to the Salida Judge and the Saguache judge. I have lots of proof that Justice lied to the Snowmass Police officer Rushing, the Alamosa Sheriff Investigator and the Pitkin county Judge. These people can keep on with their lies and I'll keep exposing them for the liars that they are. Each and every lie they tell will be used in my civil case to impugn both their characters and prove to the court, and more importantly the jury, that they are both habitual liars. I can also conclusively prove they promised me power which is why I am guaranteed to win my civil case, and why they are constantly attacking me. In the meantime, lets hope the authorities do a through investigation against these people and file charges where applicable. Full copy of the Saguache hearing transcript can can be seen by clicking HERE or on the extract below. 1st extract below is Biggio lying to the judge saying he only discovered it from Detective Jamarillo on 7th December. 2nd picture below is copy of his call with Detective Jamarillo on the 29th September, over 2 months before. Biggio had to lie and pretend he had just discovered it to try to prove the threat was imminent, more BS from Biggio as usual. I will publish more of Biggios lies to this Saguache judge (and there are many) when I find time.

 

NOTE: The honorable Saguache judge was entirely correct in his ruling that there was no evidence that any of the threats came from myself. That's because they did not, as Biggio knew full well.

 

 

 

2nd UPDATE 14th March 2024

Just 3 extracts of the Saguache hearing transcripts to post today.

The first below makes clear the judge states he is not going to issue a protection order against me 'willy nilly' when they don't know who actually posted the threat.

 

 

The second below is a ridiculous rush to an incorrect judgment. Biggio tells the judge that his thinking that I made the death threat comes from the fact that I have this website blog online. He calls it a 'manifesto' but its a just blog. There is nothing on this blog site that should lead any person of sound mind to believe I am responsible for any death threat, nor would I make one.

 

 

The third extract below make clear Biggio himself is not certain where the online they received  threat originated from. Myself, Mr Martinez or someone else. He even says I would be very foolish to put my own name to it. Which of course is true and proves I did not make it. Despite Biggio telling this judge he is not certain I made the threat, he has told many other including Judge Andrews in Salida that I made the threat. Also Whitney Justice has done the same. She has told many others including the Snowmass Police Officer, judge in the Pitkin case and Alamosa Sheriff  that I made the death threats, when its clear from this court transcript of the 8th December 2023 hearing that they really had no idea who made the death threats which they supposedly received online. I put it to Ms Justice in the Pitkin hearing they her and Biggio fabricated the death threats in order to get a false protection order against myself, which of course she denied. 

 

 

 

 

3rd UPDATE 14th March 2024

I only just realized that although I put the audio clip of Biggio promising me INTERIM temporary 1600 amps power in 28th June 2022, I forgot to put the transcript of the audio on this blog site. I know many readers of this blog site do not have time to read each and every attachment nor listen to each audio clip. So for any remaining undecided readers out there, or law enforcement, or judges who are unsure if I was promised power which Biggio and Justice are still denying to everyone, please listen to the audio clip and read the transcript below to verify it for yourselves. Its the lying co-owner of Area 420 Mike Biggio, on forensically verifiable audio recording promising me 1600 amps interim power, when all they ever gave me was a paltry 200 amps. Stringing me along with more bullshit as usual as he had been doing for months before and continued to do so for months afterwards. This not only proves their lawsuit ("we never promised him power") to be totally bogus but it also proves their constant lies to law enforcement and judges ("we are foreclosing on his land for non payment of mortgage") when you can see by our contract that we do not start paying interest until they give us the power they promised, which they never did, so their foreclosure on my land is also invalid and all their statements to the contrary to law enforcement and judges are false and perjury. Its about time that someone in authority took notice of this and took action against this pair of liars. The audio clip is below. If the player below does not work in your browser, the audio clip itself can be downloaded

Text of this audio clip is below

Mike Biggio. "So the other thing I think is that we have an email in today about, because you are getting 2 separate 400 amp uh single phase drops"
Terry Ferrari "Uh Huh"
Mike Biggio "So we put the question in, can we bring you an extra drop on um that will give you four four hundred amp drops so still not three phase but will at least get you over a hurdle and get you some more power going.

So for all the people Biggio has directly told I am lying and they will prove it in court. If you know Biggio, I'm pretty sure you will recognize his voice on the recording. Maybe ask him about his math skills. Ask him how 4 x 400 amp = 1600 amps (temporary, interim power) in any way equates to 200 amps? If he cannot do basic math, he has no business running a lemonade stand, let alone a multimillion dollar carousel real estate company. Its hard for people to defend lies when its their own voice calling them out on their own lies.

 

UPDATE 15th March 2024

I finally have time to post our 12th March response defendants motion to dismiss some of the counts in our counterclaim. I will list the full response below as many don't have time or desire to click on the attachments. You will see that we can prove that their attorney Eric Theile plus, Whitney Justice, Mike Biggio plus Potch LLC, all knew we were promised power. So as I keep saying, we are guaranteed to win our case. We have literally heaps of evidence, from text messages, emails to recorded phone calls etc. They have literally zero evidence to support their case, hence all their attempts at 'abuse of process'. We also clearly set out their abuse of process acts (false protection orders etc) which are a clear abuse of the judicial process in a attempt to dissuade me from continuing my lawsuit or to stop me posting public updates with evidence on my free speech protected website blog here. In fact they do the contrary, each time they break the law to try to screw me, it makes me more determined to hold them accountable. Talking of which, I intend to add their false harassment claim to the abuse of process count as they made it with a number of provable lies to Alamosa Sheriff. Also to add the $8000 they paid to my wife to divorce me and make me homeless.

 

It is my opinion that whoever wins this case will be effectively wiped out in regards to business. Of course I am 100% confident of winning the case so I predict it will be the end of Potch LLC as a business and will leave both Whitney Justice and Mike Biggio's business 'reputation' in tatters. That's not even counting the potential criminal charges that I fully expect to be laid against both of them once the various investigations are complete. My business reputation goes back over 30 years and is unblemished and will stay that way. My attorneys full response PDF file can be seen HERE. Also I have listed it in full below and highlighted areas of particular interest. We would of course, never have made these counterclaims unless we had a bulletproof case and could back up the allegations as well as defeat the Plaintiffs defamation and foreclosure claims. 

DEFENDANTS’ RESPONSE IN OPPOSITION TO PARTIAL MOTION TO DISMISS COUNTERCLAIMS/THIRD-PARTY CLAIMS

Defendants, by and through RVM Law, LLC, respond in opposition to Plaintiff’s motion to dismiss, and in support thereof, state as follows:

Terry Ferrari and Ridgeback Holdings, LLC have properly pleaded counterclaims and third-party claims against Potch, LLC, Whitney Justice, and Mike Biggio arising out of the sale of real estate parcels to Terry Ferrari and Ridgeback Holdings, LLC for the purposes of marijuana cultivation in Saguache County, Colorado at a development called “Area 420.”  The counterclaims and third-party claims are properly pleaded under the Warn plausibility standard pursuant to C.R.C.P. 12(b)(5) and further meet the heightened pleading standards under C.R.C.P. 9.  The counterclaims must be viewed in the light most favorably to Ridgeback and Ferrari and dismissal is not appropriate at the pleading stage.  Furthermore, attorney Eric Thiele and JVAM PLLC have not entered their appearance in this matter on behalf of Mike Biggio and Whitney Justice and have no standing to seek dismissal of the claims asserted against them on their behalf.  See C.R.C.P. 5(a). The motion should be denied accordingly.

BACKGROUND

Counterclaimants allege in highly detailed allegations that Potch, LLC (“Potch”) Whitney Justice (“Justice”), and Mike Biggio (“Biggio”), openly advertised nationally on websites and in other online media using interstate resources, the “complete package” i.e., the sale of acreage plots for marijuana cultivation, with power, water, easy licensing, and other resources for marijuana cultivation.  In early 2021 Terry Ferrari (“Ferrari”) was living in Florida and his wife. Ferrari and his wife decided to relocate to Colorado. In reviewing business opportunities in Colorado prior to their move, Ferrari came across the “Area 420” website set up and maintained by developer Potch, LLC (“Potch”). Counterclaims (“CC”) p. 11 ¶¶ 8-11

Ferrari investigated further and made arrangements to meet with Potch principals and agents Mike Biggio (“Biggio”) and Whitney Justice (“Justice”) in late 2020 and early 2021 at Area 420 in Moffat, Saguache County, Colorado. During this in person tour of Area 420, Biggio and Justice represented among other things that:  Potch had 1 acre lots in Phase 1 of Area 420 with power already hooked up for $200,000.00 each, Potch had lots in Phase 2 of Area 420 that are close to 2 acres for the same price as the 1 acre lots in phase 1 but do not yet have electrical power, and, the lots in Phase 2 had utility easements in place for the provision of electricity for whatever grow facilities were constructed on the acreage. Biggio indicated Potch was willing to sell the nearly two acre lots in Phase 2 at a reduced price if Ferrari was willing to wait several months delay in the installation of electrical power by the utility company.   Biggio insisted that the power supply was imminent and would accommodate whatever the grow operation was to be constructed on the acreage of Phase 2. Biggio offered to sell Ferrari two plots each just under two acres for $400,000.00.  Biggio offered a cash down payment, offered to finance the remain balance with developer financing with the balance due when the promised power was installed.  Biggio represented that the offer could not be held open long as it was selling lots in Phase 2 quickly.  Biggio, Potch, and Justice knew that comparable land in the vicinity without water and electricity was valued at around $1000.00 an acre and their price was only justifiable if water and electricity were part of the deal.  Biggio explicity represented that they were experts in commercial grow operations and would assist in any way possible to ensure Ferrari’s success. CC p.11 ¶ 12 -12 ¶ 14.

Ferrari communicated to Potch in April 2021 in writing that he was planning a large indoor grow operation on the Phase 2 plots should they come to an agreement.  In response, Potch representative Mike Biggio gave Ferrari a tour of a semi-indoor greenhouse operation located in Phase 1 of Area 420 and explained in detail the huge power set-up required for the artificial light and climate control necessary for indoor grow operations. Potch and its representative Biggio and Justice knew full well the large power requirements Ferrari would need for a large indoor grow operation in Phase 2. On April 17, 2021, Biggio put Ferrari in touch with steel building contractor, Lee Waldrop, for the purposes of securing the construction of an indoor building on the lots in Phase 2, month before the purchase was completed. In the summer of 2021, Potch prepared purchase documents for the sale of the Property in Phase 2 to Ridgeback Holdings, LLC, a Colorado Limited Liability Company set up by Ferrari for the purchase of the Property. The documents were prepared by Potch’s attorney Eric Thiele of JVAM Law, LLC. CC p.12 ¶ 15 -13 ¶ 20.  The documents initially included a provision that did not require payment of interest until the needed power supply was hooked up to the Property or August 1, 2022, whichever was sooner. Ferrari sent an e-mail on August 9, 2021, to Justice complaining that the documents did not conform to their agreement that interest would not be due until the required power was installed on the Property and there was never any agreement about a drop dead date of August 1, 2022. Justice confirmed in writing that the documents did not accurately reflect the parties’ agreement, further confirming that it was Potch’s responsibility to ensure the provision of required power before interest payments became due. Justice instructed her attorney Thiele to modify the documents accordingly.  On August 10, 2021, Thiele sent an e-mail to Justice which was then forwarded to Ferrari confirming that the changes to the documents had been made and confirming that interest was not due until “installation.” Justice confirmed in the August 10, 2021 e-mail to Thiele that payment was not due until “power is hooked up regardless of when that is.” Justice, Biggio, Potch, and Thiele knew full well that Potch was required to provide the necessary power to the Property as a condition precedent to Ridgeback’s repayment obligations as part of the purchase contract, promissory note, and deed of trust and expressly excluded a provision from these documents that they included in other sales contracts in Phase 2 to other buyers that expressly absolved Potch from providing power to the parcels. CC p.13 ¶ 19 -14 ¶ 27.

Potch, Whitney, Biggio, and Thiele further knew full well the large power requirements Ridgeback would need at the Property prior to preparing the contract for sale, promissory note, and deed of trust. Potch, Whitney, Biggio and Thiele also further knew that they had affirmatively represented that the necessary power installation was imminent and that they had delayed the installation as promised prior to the closing for the sale of the property as they acknowledged in writing that the power hook up was imminent as the closing date was approaching. Since the nature of the agreement was confirmed in writing on multiple occasions and reflected in the documents, Ferrari and Ridgeback closed on the sale on August 10, 2021, with Ferrari providing a $100,000.00 down payment at closing. CC p.14 ¶ 28 -14 ¶ 30.

Ridgeback and Ferrari proceeded to engage professionals to design their indoor grow facilities spending around $30,000.00 for this process.  During the design process Potch and its representatives confirmed that 3 phase power would be available at the Property soon. On November 16, 2021, Ferrari sent Biggio an e-mail outlining the power requirements they had discussed previously on many occasions. Biggio confirmed receipt of the amperage requirements and confirmed that Potch had passed on the requirements to SVLREC the local power cooperative in the San Luis valley. At no point did Potch or its representative indicate it was not their responsibility to provide the power, nor did they indicate the requirements were excessive or beyond the scope of the parties’ agreements. At no point in 2021 did Potch represent that SLVREC could not or would not be able to provide the power indicated by Ridgeback and Ferrari in multiple communications. Ferrari and Ridgeback proceeed to invest hundreds of thousands of dollars in the construction of indoor grow facilities and 3 phase grow lights and HVAC equipment all with Potch’s full knowledge and blessing. CC p.14 ¶ 31 -15 ¶ 37.

In December 2021 Ridgeback and Ferrari sent Potch another $100,000.00 advance payment towards principal on the note which Potch deposited with the continued representations that power provision was imminent. By the summer of 2022 Ferrari and Ridgeback had spent almost $500,000.00 on buildings constructed on the Property. In late June 2022 the slab, framework, roof, and exterior for one building was completed. In the meantime, Ferrari kept inquiring of Potch when the power was to be installed.  In response, Potch kept pushing back the install date. Ferrari also kept inquiring of SLVREC when the installation would be complete without response more than six months after receiving his new customer deposit.  In mid-summer 2022, Ferrari saw an SVLREC engineer at his Property and asked him for an update on power installation. The engineer informed Ferrari that he had a meeting with Justice several months earlier. According to the engineer, SVLREC presented Justice and Potch with two options. The first option included the 3 phase power Ridgeback required. The second option was for a tiny 200 amp single phase power drop to a few sites in Area 420 Phase 2 which included Ridgeback’s parcels. Justice, without informing Ferrari and Ridgeback chose the second 200amp single phase drop which is only sufficient for residential power needs due to its cheaper basic minimal power. At no point did Potch, Justice or Biggio inform Ferrari of the drastically reduced power that Potch had opted for knowing full well that Ferrari and Ridgeback were sinking hundreds of thousands of dollars in the property based on promises of 3 phase power. Ferrari further demanded return of the $100,000.00 pre-payment he made in December 2021. In response, on June 27, 2022, Justice informed Ferrari and Ridgeback to communicate with her attorney Mr. Thiele. CC p.15 ¶ 38 -16 ¶ 52.

Ferrari later learned that Biggio and Justice knew for months and even years prior that SVLREC would charge a large cost to Potch for installation of a new substation to provide the required power necessary to support large indoor grow facilities in Phase 2 of Area 420.  In spite of this knowledge, Justice and Biggio intentionally sold the parcels to Ferrari and Ridgeback at incredibly inflated prices knowing full well that Ferrari and Ridgeback intended to build a large indoor grow facility on the Property and knowing full well that they kept informing Ferrari that the required power would be provided soon. Instead of directly acknowledging the problem and informing Ferrari and Ridgeback immediately, Justice and Biggio intentionally kept this information secret and chose to install power below the known requirements of Ferrari and Ridgeback for the express purpose of attempting to trigger the interest payments under the note and deed of trust. CC p.16 ¶ 53 -16 ¶ 55.

Mr. Ferrari then went public with the deceptive practices of Potch, Biggio, and Justice,fully documenting the true nature of the deceptive practices. In retaliation, Potch, Whitney, and Biggio began a campaign of legal harassment through their attorney Eric Thiele which included baseless civil protection orders, initiating harassment through law enforcement, and threats to Mr. Ferrari’s wife and family. In the meantime, Ferrari and Ridgeback have lost hundreds of thousands of dollars in sunk costs, lost profits, lost opportunity, lost income, and suffered severe emotional economic damages as a result of Potch and its representatives’ deceptive trade practices and harassment continuing to the present. CC p.16 ¶ 56 -17 ¶ 62.

COUNTERCLAIMS/THIRD-PARTY CLAIMS FOR RELIEF

            Ferrari and Ridgeback have properly pleaded the following claims based on the above factual allegations which fall into various categories of claims:

Common Law Torts

Statutory Torts

Other Claims

Abuse of Process (Third Claim for Relief-Potch, Justice Biggio)

Colorado Consumer Protection Act (Eight Claim for Relief-Potch, Justice, Biggio)

Breach of Contract (First Claim for Relief-Potch)

Negligent Misrepresentation (Fifth Claim for Relief-Potch, Justice, Biggio)

Civil Theft (Tenth Claim for Relief-Potch, Biggio, Justice)

Breach of Duty of Good Faith and Fair Dealing (Second Claim for Relief-Potch)

Fraud-Inducement

/Representation/Non-Disclosure (Sixth Claim for Relief- Potch, Biggio, Justice)

 

Declaratory Judgment (Fourth Claim for Relief- Potch)

Civil Conspiracy (Seventh Claim for Relief- Biggio, Justice)

 

Unjust Enrichment (Ninth Claim for Relief-Potch, Biggio, Justice)

 

I.                   Fraud/ Misrepresentation Claims Not Barred By The Economic Loss Rule

 

The economic loss rule is a judicial construct intended for application only where bargained for contractual duties subsume tort claims that assert the same or similar duties contemplated in the written agreement. The Colorado Supreme Court has long held that common law fraud and negligent misrepresentation claims may not barred by the economic loss rule because those claims typically involve duties that exist separate from contractual duties. Town of Alma v. AZCO Constr., Inc., 10 P.3d 1256, 1263 (Colo. 2000)[1]. See Robinson v. Colorado, 179 P.3d 998, 1004 (Colo. 2008) (“Indeed, certain common law tort claims that are expressly intended to remedy economic loss such as fraud or negligent misrepresentation can exist independent of or in conjunction with a contractual claim.”)  The Supreme Court has also long held that fraud and negligent misrepresentation claims arising out of pre-contractual representations (particularly false representations or failure to disclosure representations designed to induce land sale contracts) are not barred by the economic loss rule: See Dream Finders Homes LLC v. Weyerhaeuser NR Co., 506 P.3d 108, 120 (Colo. App. 2021)

            The Court of Appeals recently re-confirmed these holdings by finding generally that the economic loss rule does not bar fraud claims merely because the conduct may also constitute a breach of contract:

With these principles in mind, we conclude that the district court erred when it applied the economic loss rule to bar MCLC's common law intentional tort claims of fraudulent concealment, intentional interference with contractual obligations, and intentional inducement of breach of contract because each of these claims stems from a duty based in tort law independent of the Agreement. While the conduct underlying each of these claims may also support a breach of contract claim in this case, we are not persuaded that the economic loss rule should "shield intentional tortfeasors from liability for misconduct that happens also to breach a contractual obligation." Bermel , ¶ 20 n.6 (emphasis added).

McWhinney Centerra Lifestyle Ctr. v. Poag & McEwen Lifestyle Ctrs.-Centerra LLC, 486 P.3d 439, 454-55 (Colo. App. 2021)

            Ferrari and Ridgeback have alleged in detailed pleadings that Potch, Biggio, and Justice falsely represented the availability of electrical power to the parcels sold to Ridgeback Holdings and knew at all times prior to the real estate sale that they would never be able provide sufficient electrical power to support the large scale indoor grow operation that Ferrari and Ridgeback communicated months before the sale of the real estate.  These claims are not subject to the economic loss doctrine since they were pre-contractual representations that involved a duty separate and in addition to any contractual obligation. Rees v. Unleaded Software, Inc., 373 P.3d 603, 607 (Colo. 2016) (“Van Rees's tort claims are based on misrepresentations made prior to the formation of the contracts, which he alleges induced him to enter into the contracts and therefore violated an independent duty in tort to refrain from such conduct. As such, the claims are not barred by the economic loss rule.”)

II.                Economic Loss Doctrine Not Applicable To Other Claims

Ferrari and Ridgeback allege Potch, Biggio, and Justice have engaged in abuse of process through the improper use of various judicial proceedings (including multiple meritless and failed civil protection order cases in multiple counties and a flawed judicial foreclosure action) for the ulterior purpose of harassing and intimidating Mr. Ferrari with dubious quasi-criminal litigation and to achieve the improper objective of preventing Defendants from informing the public of Potch’s, Biggio’s, and Justice’s deceptive business practices. Weinstein v. Leonard, 200 Vt. 615, 627–28134 A.3d 547, 556 (2015) (Abuse of process "requires proof of improper use of specific court processes, rather than a use of the legal system for improper purposes.").  Abuse of process does not involve contractual “duties” that are contemplated by the parties as part of the real estate contract and the economic loss rule does not apply. Rhino Fund, LLLP v. Hutchins, 215 P.3d 1186, 1194 (Colo. App. 2009) (Affirming non-application of economic loss doctrine to bar claims under the civil theft statutes, for conversion, and for return of the monies converted from an escrow account "because the agreements [did] not address Rhino's remedies in the event the collateral [was] diverted”). Similarly, abuse of process is not limited to “economic damages” available in contract only since reputational and emotional damages are recoverable in those claims as is sought in this case. See Parr v. Triple L J Corp., 107 P.3d 1104, 1108 (Colo. App. 2004) (“The economic loss rule generally bars only economic damages.  Economic loss is defined generally as damage other than physical harm to persons or property.  In this sense, emotional distress is not an economic loss.”)

Civil conspiracy to defraud defendants is also not barred by the economic loss doctrine because it is a separate independent tort derived from Biggio and Justice’s agreement by conduct and acts to ‘defraud” defendants of their money by selling parcels which were of little or no value without the promised electricity. Double Oak v. Cornerstone Devel, 97 P.3d 140, 148 (Colo. App. 2004) (“Civil conspiracy is an "independent tort," and "[a] claim for damages arising from a civil conspiracy may be pled as a separate claim."”  Unjust enrichment claims are also not barred by the economic loss doctrine since they are a quasi-contractual equitable remedy. Jorgensen v. Colorado Rural Properties, LLC, 226 P.3d 1255, 1259 (Colo. App. 2010) (Barring application of economic loss doctrine to unjust enrichment claims).

Civil theft and Colorado Consumer Protection Act claims are statutory causes of action that are not barred by the economic loss doctrine as a matter of law.  See Bermel v. BlueRadios, Inc., 440 P.3d 1150, 1159 (Colo. 2019) (Holding that torts created by legislative enactments like civil theft and Colorado Consumer Protection Act claims are not subject to the economic loss doctrine.)

III.             Colorado Consumer Protection Act Claim Is Properly Pleaded

Ferrari and Ridgeback have properly pleaded violations of the Colorado Consumer Protection Act against the defendants in committing deceptive trade practices involving the sale of real estate parcels in Area 420 Phase 2 for marijuana cultivation where the parcels do not (and never will) have access to electrical power necessary for such cultivation.  As alleged, plaintiff, including Biggio and Justice engaged in “bait and switch” advertising, in addition to other deceptive trade practices which is plainly within the remedial scope of the Colorado Consumer Protection Act:

The CCPA is a remedial statute intended to deter and punish deceptive trade practices committed by businesses in dealing with the public. Showpiece Homes,38 P.3d at 50–51. The CCPA's broad legislative purpose is to provide prompt, economical, and readily available remedies against consumer fraud. Id. at 51 (citing W. Food Plan, Inc. v. Dist. Court,198 Colo. 251, 256598 P.2d 1038, 1041 (1979)). In interpreting the CCPA's language, courts should rely on the CCPA's broad deterrent purpose and scope. Id. “ ‘[A]n expansive approach is taken in interpreting the CCPA in its entirety and interpreting the meaning of any one section by considering the overall legislative purpose.’ ” Id. (quoting May Dep't Stores Co. v. State ex rel. Woodard,863 P.2d 967, 973 n.10 (Colo.1993)).

Mendoza v. Pioneer Gen. Ins. Co., 365 P.3d 371, 374 (Colo. App. 2014); General Steel Domestic v. Hogan Hartson, 230 P.3d 1275, 1282 (Colo. App. 2010) (“The CCPA was enacted to provide a remedy "against consumer fraud.". Thus, the CCPA empowers the Attorney General and private parties to initiate actions against persons engaged in deceptive trade practices. § 6-1-103, C.R.S.  "Deceptive trade practices" are defined in section 6-1-105(1), and bait and switch advertising is one of them, § 6-1-105(1)(n).”) 

Defendants have properly pleaded the “public impact” portion of a CCPA claim since the facts plainly allege that Potch, Biggio, and Justice are real estate developers both advertising statewaide and selling real estate lots to the general public in Saguache County, Colorado for the express purpose of marijuana cultivation with promise of “power, water, easy licensing, and other resources for marijuana cultivation” CC p. 25 ¶¶ 121-122[2]  The Colorado Supreme Court has previously held that intentional misrepresentations of the nature of the amenities included with the sale of land from real estate developers in advertisements to the general public both meet the “public impact” requirement for the CCPA and constitute “deceptive trade practices” within the meaning of the CCPA. Hall v. Walter, 969 P.2d 224, 235 (Colo. 1998) (“Third, there is no dispute that Hall and Hammond's deceptive practices implicated the public as consumers because the misrepresentations were directed to the market generally, taking the form of widespread advertisement and deception of actual and prospective purchasers” where real estate developers widely advertised and engaged in deceptive trade practices concerning the nature of real estate lots they were selling.)

IV.                Biggio, Justice, And Potch May Be Separately Liable For Fraud/Misrepresentation 

Plaintiff argues because Ridgeback ultimately contracted with Potch for the purchase of the real estate in Area 420 Phase 2, Biggio and Justice cannot be individually liable for fraud/misrepresentation and other torts without “piercing the corporate veil.”  This is simply false under Colorado law. Colorado recognizes "that a corporation can only act through its agents, and their acts within the scope of their authority are the acts of the corporation." Dallas Creek Water Co. v. Huey, 933 P.2d 27, 41 (Colo. 1997). Here, it is alleged in very specific detail in the counterclaims (including dates and specific conversations) that both Justice and Biggio (who were not only principals of Potch but acted as Potch’s agents for pre-contractual negotiations) met with Ferrari over a period of more than six months on multiple occasions to discuss Ferrari’s intended use of the property and his intended construction of large indoor grow facilities  which would require substantial electrical power.  At no point did Biggio or Justice inform Ferrari that the power could not be provided, instead insisting that it was “imminent” when they knew otherwise at the time those representations were made. Colorado law is well-established that both the agents and the principal may be liable for pre-contractual fraud and misrepresentations. See Colorado Jury Instruction 8:19; See Popov v. Ladd Bros., 172 Colo. 451, 453 (Colo. 1970)[3]

Biggio and Justice may also be liable personally as “principals” under a “veil piercing theory” since in this instance Biggio and Justice were not only the agents of Potch, LLC committing torts during their pre-contractual interactions with Ferrari, but they were also the principal members of Potch, LLC who directly benefited from the fraud/misrepresentation. Great Neck Plaza L.P. v. Le Peep Restaurants, LLC, 37 P.3d 485, 490 (Colo. App. 2002) (“Alter ego is one theory for disregarding the corporate entity, or piercing the corporate veil. Piercing the corporate veil is an equitable remedy, requiring balancing of the equities in each particular case. The corporate entity may be disregarded, and corporate veil may be pierced, if not doing so would defeat public convenience, justify wrong, or protect fraud.”) At the pleading stage, Defendants have sufficiently alleged Biggio and Justice personally liable for their pre-contractual material misrepresentations as a matter of law and veil-piercing analysis is not required to survive dismissal.

V. Fraud Claim Meets Pleading Standard/ Other Claims Properly Pleaded

Contrary to Plaintiffs incorrect summation of the pleadings in the motion to dismiss, Ferrari’s factual allegations in support of fraud are extremely detailed (providing specific dates, times, and conversations, including quotes from e-mails) concerning Biggio and Justice’s repeated pre-contractual representations that the power necessary for Ferrari’s proposed indoor grow operations was “forthcoming” even though Biggio and Justice knew at all times that Potch could not and would not provide the required power far in advance of the sale.  See Counterclaims p. 16 ¶¶ 53-54[4] These allegations meet the heightened pleading standard in Colorado. See Schaden v. DIA Brewing Co., 478 P.3d 1264, 1275 (Colo. 2021) (“Although a plaintiff need not plead all of the evidence that it might present to prove its fraud claim, "the complaint must at least state the main facts or incidents which constitute the fraud so that the defendant is provided with sufficient information to frame a responsive pleading and defend against the claim.”)

Plaintiff also falsely argues that Ferrari and Ridgback failed to allege facts in the pleadings supporting elements of civil conspiracy, civil theft, abuse of process, and unjust enrichment. Ridgeback and Ferrari properly pleaded with detailed factual support all elements of these claims. The civil conspiracy claim includes a specific allegation of an agreement by Biggio and Justice to accomplish a wrongful goal.  CC. p. 24 ¶ 113-114. See Magin v. DVCO Fuel Systems, Inc., 981 P.2d 673, 674-75 (Colo. App. 1999). The civil theft claim alleges Ferrari and Ridgeback advanced an additional $100,000.00 payment (separate from the initial $100,000.00 down payment) on the principal balance of the loan that was not in fact due until the power was installed at the premises as promised. Upon learning of Potch’s failure to install the promised power and their continuing refusal to do so, Defendants demanded return of the $100,000.00 which was not in fact owed to them under any agreement..  Justice, Biggio, and Potch refused to return the funds upon request. CC p. 15 ¶ ¶ 38-52. These allegations satisfy the elements of civil theft at the pleading stage. Franklin Drilling & Blasting Inc. v. Lawrence Constr. Co., 463 P.3d 883, 887-88 (Colo. App. 2018)[5]  Defendants unjust enrichment claim alleges Biggio, Potch, and Justice improperly profited from the inflated sales price of land that was only worth $1000.00 an acre without the promised water and power, and instead took a $100,000.00 down payment and kept an additional $100,000.00 that was not actually owed thus profiting exorbitantly for the sale of land that is of no value without the promised water and power. CC. p. 26 ¶ 129-130. Lewis v. Lewis, 189 P.3d 1134, 1141 (Colo. 2008) (“We have previously determined that a party claiming unjust enrichment must prove that (1) the defendant received a benefit (2) at the plaintiff's expense (3) under circumstances that would make it unjust for the defendant to retain the benefit without commensurate compensation.”)  The abuse of process claim properly alleges the “improper element” of abuse of process. The counterclaim specifically alleges Defendants’ initiation  of “various civil protection order cases were initiated with provably false allegations for the sole purpose of intimidating Ferrari into withdrawing public comments.”

Making proveably false allegations in a civil protection order case (resulting in their immediate dismissal at hearing) is per se improper use of legal process since the use of the legal process is not to seek actual protection from any verifiable threat from Ferrari through a court order, but to intimidate and coerce Ferrari from making public statements about Biggio and Justices deceptive activities involving Area 420. Guarantee v. King, 97 P.3d 161, 170 (Colo. App. 2004) (Among examples of the requisite improper use, the division noted accomplishing a coercive goal that is not the intended legal purpose of the process, citing Aztec Sound Corp. v. Western States Leasing Co.32 Colo. App. 248510 P.2d 897 (1973) (defendant used replevin action not properly to regain property, but improperly as a means of forcing plaintiff to pay sum of money not due). See also W. Prosser, Handbook of the Law of Torts § 121 (4th ed. 1971) ("Some definite act or threat not recognized by the process, or aimed at an objective not legitimate in the use of the process, is required.").  Ferrari has properly alleged that Biggio and Justice, instead of merely seeking a civil remedy in this case for defendants supposedly false public statements, instead instituted a series of baseless civil protection order cases to intimidate and shut up the Ferrari, knowing that there was no legal or factual basis supporting a civil protection order.

CONCLUSION

            Plaintiff’s motion to dismiss fails on all counterclaims and should be DENIED.

DATED: March 12 , 2024.                                         Respectfully Submitted,                                                                                                                     RVM Law, LLC

 

s/ Rolf J. von Merveldt, III

______________________________

                                                                                    Rolf J. von Merveldt, III

Attorney for Terry Ferrari and Ridgeback Holdings, LLC

 

 

 

CERTIFICATE OF SERVICE

 

I hereby certify that on March 12, 2024, a true and correct copy of the above was electronically filed via ICCES Electronic File and Serve to all counsel of record.

S/ Rolf J. von Merveldt, III

______________________________

                                                                        Rolf J. von Merveldt



[1]We have also recognized that certain common law claims that sound in tort and are expressly designed to remedy economic loss may exist independent of a breach of contract claim. See Brody v. Bock897 P.2d 769, 776 (Colo. 1995) (common law fraud claim is based on violation of a duty independent of contract); Keller v. A.O. Smith Harvestore Prods., Inc.819 P.2d 69, 73 (Colo. 1991) (negligent misrepresentation is a tort claim based "not on principles of contractual obligation but on principles of duty and reasonable conduct."). In these situations where we have recognized the existence of a duty independent of any contractual obligations, the economic loss rule has no application and does not bar a plaintiff's tort claim because the claim is based on a recognized independent duty of care and thus does not fall within the scope of the rule.”

[2]Potch, Biggio, and Whitney’s practice of omitting, misrepresenting, concealing, and/or intentionally failing to disclose the true nature the parcels that are being purchased and Potch’s intentions regarding power, water, and owner financing, has affected and will potentially affect hundred if not, thousands of similarly situated consumers in Colorado and elsewhere.

Such practices are similar to the “gold seeding” schemes during Colorado’s mining heydey when unscrupulous land speculators would intentionally “seed” worthless mining claims with gold, sell the parcels to unwary purchasers, and then further profit of the sale of material provisions to the miners, knowing full well that no gold actually existed on the mine claims.”

 

[3] “There is a considerable similarity between this case and Meredith v. Ramsdell152 Colo. 548384 P.2d 941 (1963). The holding in that case was as follows: that in an action for rescission of a contract for fraud, the defrauded party may proceed against the principal (a corporation) and the agent, seeking rescission against the principal and damages against the agent who procured the execution of the contract; and that the plaintiff, however, can have but one satisfaction, and, failing to obtain restitution in whole or in part from the corporation, may recover from the agent such sum as will constitute restoration to the status quo.”

 

[4] Ferrari later learned that Biggio and Justice knew for months and even years prior that SVLREC would charge a large cost to Potch for installation of a new substation to provide the required power necessary to support large indoor grow facilities in Phase 2 of Area 420.In spite of this knowledge, Justice and Biggio intentionally sold the parcels to Ferrari and Ridgeback at incredibly inflated prices knowing full well that Ferrari and Ridgeback intended to build a large indoor grow facility on the Property and knowing full well that they kept informing Ferrari that the required power would be provided soon.”

[5] To prove civil theft a plaintiff must prove that the defendant "knowingly obtains, retains, or exercises control over anything of value of another without authorization" and must prove one of five alternative culpable mental states, the first two of which are relevant here. § 18-4-401(1)(a)-(e). The plaintiff must show that the defendant either: (a) Intends to deprive the other person permanently of the use or benefit of the thing of value;..(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person.)

My attorney nails it everywhere in the above response. Especially on the 'abuse of process' use of the judicial process. Its an abuse of process if they try to use the legal system for any other purpose the the stated purpose. In ALL of Justices and Biggios protection order claims, they were never once in need of any protection from me as they claimed. I never contacted them, never threatened them. I never see them (apart from attending Biggios court cases). I don't call them. I don't email them. I don't text message them. I don't follow them. So they did not require any kind of legal protection from myself. Instead they try to the protection order for a different purpose than intended (abuse of process) in trying to use it to prevent me going public with proof of their deception and trying to force me to drop my case against them. If you read the Pitkin judges ruling posted on the 3rd of March above, she actually sees right through Whitney Justices BS and calls her out on it when she states that Justice seems to be more concerned over my website blog than anything else. Protection orders are supposed to protect people at imminent risk to life or of serious harm. They cannot and should not be used to abuse the legal system by coercing legal opponents into ending the litigation or to intimidate them and prevent them from making public statements about the litigation on a legally protected blog. 

Their attorney Eric Theile actually emailed my attorney on the 15th February 2023 accusing him of simply signing and filing the counterclaim. Theile claimed that the entire counterclaim was written by myself and my attorney just signed it. Does their attorney really think my attorney is that dumb or that I am that clever? Clearly he does. Hopefully the response from my attorney above will make it crystal clear to him. My attorney knows his stuff and will wipe the floor with them at trial. Our responses are filled with many examples of relevant case law and supporting evidence. His motions are filled with bluff and bluster with little supporting evidence, simply because they have none because they are lying. He can continue to try to run out the clock all he likes. He can milk Justice and Biggio for tens or hundreds of thousands in legal fees all the time they are willing to drag this out. But, lets be clear, one day this will get in front of a jury and they will all be held to account for their actions. Then the world will see once and for, just who is telling the truth and who is full of crap. 

UPDATE 19th March 2024

Yet another victim that is being harassed by Whitney Justice has just contacted me via email. I have offered he sender whatever help I can give. I have had many similar emails (regarding either Justice and or Biggio harassing them or threatening them) since launching this blog site. I usually just save them for trial. But here I have redacted the name and will keep it confidential apart from judges in any of the cases, I have happy to show it to any judge. This email proves a few things.1) That there are still more victims out there. 2) That it's Whitney Justice doing all the harassment and not myself. 3) That she is not the innocent (butter would not melt in her mouth) rich Snowmass resident victim that she portrays to judges and law enforcement. She victimizes and harasses people almost daily. 4) That this blog site really does serve the public interest since I have had so many victims contact me since launching this blog site. It pisses me off that when I give details of some of the victims to local law enforcement, in many instances, they don't even bother to contact the other victims. I check regularly with other victims and its pretty much crickets from local law enforcement and but somewhat better results with statewide law enforcement. But now I've sent this info to the FBI and other agencies, I expect to gain a lot more traction with this case. If you are a victim of Justice, Biggio or Potch LLC, Please email  me your story and I will see if I can help. I will not publish your a story without your permission but I may be able to get you some legal help with a class action lawsuit suit that is in the works. Redacted copy of today's email from another harassment victim of Justice is below.  These idiots are clicking on this blog site literally thousands of times per day (sometimes thousands of times per hour) trying to either cost me money or clog up my site. Makes no difference to me whatsoever. I'm in this fight to the end. They would be much better off using their time to keep their promises to their customers instead of harassing everyone they can and destroying their own business. 

 

Please read the below email, received today from the same victim who emailed above. It literally brought tears to my eyes reading it. Same story as I keep hearing, let down on power, lots of bullshit (much the same as he told me) from Biggio until they get your money, then Whitney Justice steps in with the threats and harassment once the business fails due to Biggio, Justice and Potch's false promises. They have made many other victims hand back their land in identical situations. Those that do not hand their land, back they foreclose on. This is clear cut bait and switch fraud and embezzlement. If you are law enforcement and have the balls to do something about this, please contact me if you wish to see my evidence. In the meantime, please lets all say a prayer for the many innocent victims of this callous pair. There are enough victims telling the exact same story for law enforcement to be able to nail this pair. Whether the power promises are in writing or not, so many say the same, it simply MUST be true and does not need to be in writing. A verbal contract is as good a written one if substantiated by many saying the same thing. Remember they are ripping people off for $250,000 for an acre of land which is worth just $1000 without power. They promise people power to inflate the price of the land by TWO HUNDRED AND FIFTY TIMES ITS VALUE, let them down on their promise, making the land worthless. Then they take the land back after the buyer loses fortunes and Potch start all over again, same scam, same land. Eat, Sleep, Repeat.  THIS HAS TO STOP. Whitney Justice is just as culpable and guilty as Mike Biggio as can clearly be seen if you read this blog in its entirety.

 

In the forthcoming disclosure phase of our civil suit, we will demand Potch release the statistics for all their sales, including how many they have made sign a deed in lieu of foreclosure (handing back their land) and how many they have started or finished foreclosure proceedings on. We will then contact each and every one of them to see if they were lied to causing their business to fail. We already have a huge collection of Justices threatening and harassing texts to many victims. We already have more than enough victims to win our case, but it will be nice to know, especially for law enforcement investigative purposes, just how many more victims there are out there. We need to know just how widespread this fraud is. 

Its not just the land they rip people off for, installing a fence required by the MED can cost $50,000 or more. You also need expensive septic tanks installed. Some people, like the guy above invested in a greenhouse etc. He has ploughed $150k into this which Whitney is trying to steal just like she is trying to steal my $1.8 million investment. I have another eerily similar story for authorities if they can be bothered to investigate. A woman moved here with her two sons after falling for snake oil salesman Biggio's get rich quick bullshit and power on site promise etc. They were let down on power so they tried to cobble together an operation on solar power. The solar was not enough to run the MED required cameras for 24 hours a day so the MED pulled their license. The sons left the area to go earn a living elsewhere as there are no decent jobs in Saguache or surrounding counties. The mom is now stacking shelves in Walmart. Another families dreams shattered and another families life savings lost due to Potch's bullshit.  I have other similar stories as well, all it needs is someone to take this seriously and expose these people properly

I'd like to share a lovely text I received from another victim below who told me many other victims are watching my blog site daily for developments. Many were too afraid to speak out or stand up to these people or simply did not have the money to fight them in court as I do. I don't feel so proud right now I can tell you. Why, because I'm still hearing more and more stories of people being ripped off. If you know of any victims or anyone that can help bring these people to justice, please reach out to me. Thanks

 

UPDATE 20th March 2024

I want to share just one more email from the latest victim to contact me with readers. I don't intend to share any more communications from them going forward, but this is so heartbreaking. How devoid of humanity does someone have to be to not only to screw people over like this, Wrecking their family, But then to constantly text them, threaten them, harass them and even threaten to garnish their wages etc? FYI they cannot garnish sh*t, its just another empty threat from Whitney Justice the same person that keeps telling law enforcement that SHE is the one being harassed but as you can see, its HER doing the harassing, time after time. But you'd think they would be satisfied at bleeding this poor family dry. They already used home equity loans, borrowed from family and even took out personal loans which they are still struggling to pay. All by relying on Biggios false bullshit promises. Biggio knew when he took their money that they would never get power, just as he knew with me. It does not bother these people. They are not satisfied with destroying this family and preventing the innocent father from seeing his child. As he says, Whitney's attitude is "Fuck you Pay me". These ruthless people are trying to force him into handing his land back so they can resell (at an increased price with all the expensive improvements this poor victim paid for) it to the next unsuspecting victim. Round and round goes this carousel fraud. It does not stop because people keep turning a blind eye to it.  PLEASE share this harrowing story with someone who can finally act against these people.

 

Anyone that charges $250,000 for an acre of land with no power worth just $1000 is a complete thief and fraudster. Does not matter which way you spin it, its just a fact, anyone that cannot see this should seek medical treatment. As my attorney said, this is very reminiscent of the old days in colorado when sellers would sprinkle gold on their land pretending it had rich minerals, then sell it for inflated prices. Justice and Biggio don't sprinkle gold, they sprinkle a false promise of commercial power. If all the victims come together to tell one identical cohesive story I guarantee this pair will end up in jail. I have a list of victims already. If you are another victim of their lies and broken promises, please contact me with your story ASAP. That way you should not miss out on any huge compensation award the court chooses to make. 

 

 

I'm a firm believer that things in life happen for a reason. I think that I was destined to be swindled by these people just as so many before me have been. The reason being, I have the skills and the means to not only stand up to them but to expose them. If it falls on me to use the trusty sword of truth to cut out this cancerous fraud that is destroying so many people lives, then that's a burden that I am more than willing to shoulder. Each month that passes, more victims come forward. So many are telling similar stories that of course it must all be true. There is simply no other plausible explanation. Hopefully it will not drag on much longer and the perpetrators will soon have to face the music. I will try my best to help all the other victims get the compensation they deserve. Its not fair that so many people have lost their life savings and so many families have been destroyed just so these people can line their own pockets. All they had to do was invest in the infrastructure needed and they could have had a super successful business. They chose the path of deceit instead of honesty. If you read the article HERE, you will see they made lots of promises to the town of Moffat before annexing the land for Area 420 and have broken almost every single one of them. They paid around $1000 per acre for this land and have sold it for usually between $100,000 and $250,000 per acre of land that is really still just worth $1000 per acre as the current plots being sold are completely unsuitable for commercial marijuana growth. All by using false promises of power to deceive the innocent and naive. A bait and switch fraud if ever I saw one. Had they not screwed me, they may well have gotten away with this for years to come. But, thankfully, I've managed to discover many victims of not just the fraud but harassment and death threats from the same people. I have collated all their stories for the relevant authorities. Hopefully, with so many people telling similar stories of being ripped off, judgment day for this pair will come sooner rather than later. 

 

UPDATE 21st March 2024

Remember I told you above, these people keep accusing others of things they do themselves? They accused me and Erik Martinez of making death threats. Yet it is them that do just that. I have a huge amount of audio, not just of Biggio talking, but also of others telling people about his actions. I want to share 2 short audio clips with readers. These clips are from yet another farm owner that Potch has recently foreclosed on. They are recounting a direct conversation they had with Mike Biggio. Of course these clips can be forensically verified. I have made them separate audio clips rather than splice them together to be accused of manipulating them.

 

I have listed the transcript of the relevant audio for reader to read, then confirm with the audio clip. 

 

The first audio clip is below. If the player below does not work in your browser, the audio clip itself can be downloaded

Import part of transcript of this audio clip below

'They don't care about you. They never ever say anything bad about Cody. But they are going to shoot Erik'

The second audio clip is below. If the player below does not work in your browser, the audio clip itself can be downloaded

Import part of transcript of this audio clip below

'They are just gonmna dig a hole and shove his body in it'

This is a farm owner recounting a conversation of Biggio and his cronies saying they will shoot Erik Martinez dead, then dig a hole and throw his body in it. Verifiable threats to kill. How shocking is this and FFS what is it going to take for law enforcement to finally take some action here? Will they wait until someone actually does get killed? If so, they can answer for their inaction (whilst in possession of all these allegations for months) to the attorney general when the complaint eventually gets filed.

If anything happens to myself or Mr Martinez, the authorities will know instantly who is responsible. Plus others are already in possession of all have my evidence and intend keep sharing it online in the unlikely event that I meet an 'accident' or if this blog is forcefully removed. 

 

UPDATE 22nd March 2024

Mike Biggio (Area 420 co-owner), had another court appearance yesterday. He has a two day jury trial scheduled for this coming 7th and 8th August. This is for his role in the vicious attack of Erik Martinez in the shocking video further up this blog. Extract of court docket is below.

Also, I have been speaking to some journalists who are looking into these many allegations. If you are a victim of Potch, Justice or Biggio, and are prepared do do an interview with them (either on camera or off camera) please email me at terryferrari@hotmail.co.uk  I have quite a few already but every extra victim helps nail them even more. Plus if you are on the list of official victims, you have more chance of having compensation ordered by the court, especially if they are criminally charged. Plus as I mention above and in my counterclaim, f they commit civil theft which they seem to have done to many, the victim is entitle to TRIPLE damages in Colorado. I know some growers who were screwed for power but are fearful of rocking the boat as Potch are just charging them interest and not pushing for the balloon payments just yet. Please don't fall for their BS. Join the list of victims and get the full compensation that you deserve. If they lied to you and misrepresented the land at the outset, then you are another victim and they owe you most if not all of your money back, or at the very least, decent compensation for lying to you. Please make your voice heard.  It's way beyond time that this story was blown wide open. Then let see them complain their way out of that with more false reports and allegations.

 

I have heard a more detailed story from another victim. I can share a little with readers. I am told that despite Potch changing the power terms on their site since screwing me for power (irrelevant to me of course), it now says power is run to the lot line and to contact xcel energy for your power needs (just phase 1 this is). We they supposedly screwed YET ANOTHER victim for $250,000 for an acre (worth just $1000 with no power). He had a power pole on his lot that he thought was his. Turns out it was temporary power for a different lot. So they lied to him completely, there is no power run to his lot line and its gonna cost a fortune to install it (sound familiar?). That unfortunate buyer is $150,000 into the project including the $50,000 deposit he paid to Justice and Biggio. Are Justice and Biggio apologizing and making him whole? Nope, they are harassing him and threatening him as is their MO. Justice is threatening to sue him for $200,000 and says he will be paying it back until he is 65. What a piece of work. All this stuff is provable as are the rest of my allegations. This stuff really turns my stomach. Another victim, another similar bait and switch story, yet still this pair walk the streets and continue their fraud seemingly with impunity. Same story from victim after victim, again and again. Hopefully it will end soon, it simply cannot continue.  

 

UPDATE 25th March 2024

As I said all along. Biggio sells the land with bullshit, buyers fail in business. Whitney Justice comes in with the threats to steal the land back by getting buyer to sign a deed in lieu of foreclosure. They then resell the same land in the carousel fraud. Remember I told you about Whitney Justices threatening and harassing texts. Yet she is the one accusing others of harassment (I sent this woman 1 email in 6 months and zero texts). This victim is pleading with her to stop contacting him but she is refusing. Please read the threats she makes. Big tough Whitney, threatening a buyer who fell for their false power promises. The 4 texts below are typical of the way Whitney Justice treats her customers.  I'll garnish your wages til you are 65 if you wanna play this game.......Do I need to sue you.....  Sign the property over already...... I was lenient with your deadbeat self...... I'll spend the rest of my days garnishing your wages, filing liens on your bank accounts unless you sign t he property over...  Keep your day job so I can suck wages from your employer,.... Sign the documents, you won't be left alone and its only get worse when lawyers get involved....When I get finished with you, your credit will be trashed and you won't even be able to buy a skateboard on credit. Just sign the property back over and end it with your credit intact..  

This is how Whitney Justice speaks to and threatens customers. You don't see this crap on their website. This is what they do. They schmooze you with bullshit and fakes tales of people making huge successes at area420. Once they get you convinced, they take a deposit off you and they make sure not to put their power promise in writing (apart from with me because I insisted on it). Then, when you fail, as you undoubtedly will, there is no more Mr Nice Guy. Once your are no longer of use to them or dare complain about broken promises or being ripped off, then the threat and insults start, oh yes and the false complaints to Police and Judges. Well I've got news for Potch, Justice and Biggio, stop with the threats and intimidating people. We have all the evidence to nail you for your carousel fraud. Stop trying to stay under the radar getting people you lie to to sign their land back over. If you deceived these buyers like you deceived myself, then they don't owe you a penny just like I don't. So stop with the threats, lets get all these buyers in court side by side and then see how much the court says you owe them.

 

Also, as a lender, it is frowned upon to threaten your buyers and intimidate them into signing a deed in lieu of foreclosure. You are supposed to work with them to find solutions not laugh at the threat of suing them and tying them up in debt for years. I see Whitney giving the customer a math lesson. Well here's one for Biggio, Justice, and Potch. This is what they owe me. $1.8+ million invested to date. Interest at he highest rate allowable by the court. Loss of earnings. triple damages. I'm not gonna make threats to damage their credit and garnish their wages for years. I'll just let the court rule on the amount and let the Sheriffs enforce the judgment. Much better than empty threats. 

 

All this is just what i have been saying all along. How much more proof do people need? 

 

Below text messages copies from Whitney Justice to another victim who was promised power and let down. She is now trying to force him into handing his land back so they can resell. 

 

 

 

 

What a bloody mean and spiteful thing for Whitney Justice to say to one of her customers. "When I get finished with you your credit will be trashed and you won't even be able to buy a skateboard on credit. Just sign the property back over and end it with your credit intact."

 

The above statement is extortion pure and simple. Its basically saying if you don't turn over your land to me (ie hand over to me your $150,000 investment free of charge) then I will destroy your credit. It speaks volumes of the character of this woman. I have had many years in business and would never speak to a customer in this way. Its just not the right way to do things.  Anyone thinking of buying from them, know from the outset, that if things go belly up (which they very likely will do), then this is the kind of support and encouragement that you can expect from the people who sold you the dream and willingly took huge piles of cash from you.  Probably won't help you much reporting it to authorities as they seem to side with these people for some inexplicable reason, This will hopefully resolve itself if and when charges are laid against them. Then we will see how quickly people distance themselves from this bunch. 

 

The only thing these people seem to know how to do is threaten people. They seem to forget that their misrepresentations caused the buyer to fail. They simply do not care, as the buyer said is "F*ck you! Pay me!". If you have been threatened, strong armed, cajoled, coerced etc into handing your deed back to Potch after after they misled you in some way beforehand. Please contact me with information. You will likely have a valid claim for compensation. Know you are not alone and there are many other similar victims. Potch, Biggio and Justice have many battles ongoing right now. They are battling myself and my wife, Mr Martinez, Mr Negrin and his family plus many dissatisfied buyers plus they are in the midst of many foreclosures where people cannot make a success of their business despite Biggios polished BS. Often its because they misled the buyers, causing their business to fail. These people have so many battles because they keep swindling people. How many ongoing battles do I have now? Just one. How many battles does Mr Negrin and all the other victims of Potch have right now? Just one. Are you seeing the picture at last?

 

 

Biggio and Justice both told different judges that this website is a 'manifesto'. That is nonsense, its simply a blog website filled with evidence exposing their lies and misdeeds. Blog websites are completely 1st amendment protected free speech. Definition of a blog website is below

blog /bläɡ/ noun
"a regularly updated website or web page, typically one run by an individual or small group, that is written in an informal or conversational style."

Just because these people find my exposing their lies and misdeeds embarrassing and uncomfortable, it does not remove my 1st amendment free speech rights. This has been extensively litigated in the US court system up to and including the Supreme Court. Proof of this can be seen on the attached civil right litigation website link extract below.

"Whether you work for a news organization or not, as a blogger you are still protected by the First Amendment. "

Link to full article is https://www.rightslitigation.com/2018/12/18/blogging-and-the-first-amendment/

Another example extract below

9th Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media.  
The 9th Circuit recently became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for defamation. Obsidian Fin. Grp. v. Cox, 740 F.3d 1284 (9th Cir. 2014). The court also delivered a victory to online publishers by recognizing that their use of informal and hyperbolic language reduces their exposure to libel claims because such language is often protected opinion.
Link to full article is https://www.dwt.com/blogs/media-law-monitor/2014/04/blurred-lines-9th-circuit-applies-same-first-amend

 

Complete proof if needed that this blog website and all the language used therein is 'protected opinion'.

 

Furthermore in no way can this website blog be contrued as 'harassment' as confirmed by the US Supreme Court on 29th June 2023

"The Supreme Court ruling in Counterman v. Colorado will reduce protections for victims of stalking, verbal abuse and online harassment and have a chilling effect on prosecutors."

extracts below

The Supreme Court issued a ruling on June 27 in Counterman v. Colorado, holding that a speaker’s subjective intention must be considered when determining whether speech is a “true threat” and thus punishable notwithstanding the First Amendment. The decision requires that a speaker must have been aware of the “threatening character” of the speech but delivered it anyway, and was thus reckless in their actions. The holding will limit protections for victims of stalking, verbal abuse and online harassment and increase the burden on prosecutors who must now provide evidence of the speaker’s state of mind

........
The majority opinion held that the First Amendment protects speech unless the speaker has “some subjective understanding of his statements’ threatening nature.” To secure a criminal conviction, prosecutors must “show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence.”

 

Link to supreme Court Ruling article is https://msmagazine.com/2023/06/29/supreme-court-online-stalking-harassment-women-free-speech-counterman-v-colorado

 

Even more proof that this blog is protected and in no way can be construed as harassment as I certainly never intended this blog to threaten violence to anyone which would need to be proven to find me culpable for harassment.  The only possible liability this blog site could carry is for liable or defamation in the CIVIL court where it is already being litigated. Plus as a blog, this site has the extra protections afforded to news organizations meaning I can use hyperbolic language where I deem necessary.

 

 

For any doubters still out there ask yourself this question? Who in their right mind would risk a defamation lawsuit unless they were 100% certain they were telling the truth. More importantly, who would fight fabricated criminal charges and still stand their ground unless they knew they were in the right. Only a fool would do this if they were not telling the complete truth. I hope readers understand this and agree with the logic of this statement. Look at it this way. Either,  1) I am lying and so are all these other people who purchased land and will swear they were swindled by Biggio and Justices lies, sometimes forced to hand back their land, harassed and threatened with all kinds of legal action. So all these land purchasers are willing to commit perjury just to frame Justice and Biggio. Or 2) We are all telling the truth and justice and Biggio are nothing but a pair of common thieves. If you really need convincing which is true and are an official or reporter. Come see me, show me your verifiable credentials, I will give you the contact info for many other victims and you can verify their stories for yourself before taking action against this dishonorable pair.

 

I really am sick to death of hearing these heartbreaking stories. Time after time almost identical stories. Families being sold plots of land at hugely inflated prices (up to $250,000 for an acre worth just $1000 with no power) with promise of all utilities on site. Then sinking their life savings into the project and even getting loans etc. Then, as usual, they get let down on power and other promises and their business fails. Then Whitney Justice threatens them to force them to sign a deed (handing the land back) in lieu of foreclosure (that way she does not have as many foreclosures on public record). I know of many others who have recently lost their farm or are in the process of losing their farms. This carousel real estate fraud simply has to stop. Its sickening to hear of all these families dreams wrecked just so Justice and Biggio can get even richer. Its made worse by the fact local law enforcement are so slow to act. If you know anyone at all in law enforcement, the judiciary, news reporters, investigative journalists, TV stations, newspapers, PLEASE tell them to read this blog site and contact me for more details. This really has to stop. Its time these people were held to account. These thieves belong in jail and the victims should all get their money back. All victims telling similar stories cannot be lying. Its clear who the real fraudsters are here. Anyone who sides with Justice and Biggio here, who knows what they are doing and simply sits back and watches, are, wittingly or unwittingly, helping to destroy innocent hard working families from across the USA (interstate wire fraud), and fleece them of their life savings and more. Also their inaction is helping Biggio and Justice to continue to commit this years long fraud. To all those people is say 'I hope you can sleep with your conscience at night. You are standing back and watching these poor innocent people being rinsed of their life savings, saddled with huge debt as well as having the dreams shattered. Shame on you!' When this story bursts wide open which it surely will, I hope people will be ashamed of their hand-wringing. To all those people, these lyrics from Bob Dylan's 'Blowing in the wind' are just for you. 'Yes, and how many times can a man turn his head And pretend that he just doesn't see? The answer, my friend, is blowin' in the wind The answer is blowin' in the wind'

 

I regularly post more and more verifiable evidence on this blog. More pieces of the puzzle. How many puzzle pieces do the powers that be to get a probable cause warrant to investigate and indict these people and stop this widespread fraud?

 

The more this pair use illegal methods (lies, false allegations, perjury under oath etc) against myself, my family and other victims, the more I will use legal methods (hard evidence) to give the authorities all they need to nail this pair. No harassment, no physical threats. Just verifiable proof of their misdeeds that authorities could and should use to hold them accountable for. To be absolutely clear, I do not wish anybody to take the law into their own hands and harm these people in any way. In fact I strongly advise against using any violence. People should not stoop to their level. Please just send me the any evidence that you have and I will pass that evidence to the relevant authorities.

 

I will continue to post solid proof of their ongoing lies which they constantly trip themselves up with. Readers can make up their own minds regarding the honesty of these people. I feel that the evidence on this blog site is completely and totally overwhelming against Justice and Biggio. If you are not sure, I ask you read this blog site in its entirety including all the links and PDF attachments before making a judgment. I have many verifiable texts, emails and recorded audio and video proving my case with absolute certainty. One reader recently spent over 3 hours reading the blog site and downloaded every attachment up to two thirds of the way through (I see every visitors actions on the server logs). He or she then gave up, clearly it was 100% clear to them, after taking the time to read and digest all the evidence in the pdf file and audio attachments, that I was being truthful and Justice and Biggio were lying. That's why I ask others to do the same. Please read all blog along with the attachments, then make up your mind. Make a fully informed decision instead of only knowing a handful of the facts. But for those that need more evidence, keep checking back and I will post it as I find it or when other victims contact me.

Check back for updates as they happen.