This site contains important information for anyone considering purchasing plots in Area 420 Marijuana development located in Moffat Colorado.
LATEST AREA 420 PAGE NEWS STORY IS BELOW. This story was written by an independent reporter. Reporters do not make baseless allegations. They thoroughly research the story, they fact check every single detail before they go to print. The story speaks for itself. I have total proof of the allegations mentioned in this story as proof of many more bad acts as well. The proof is scattered around this blogsite. If you represent law enforcement and are are looking to right this wrong, please take the time to read this site thoroughly and download all the required exhibits. Then reach out to me for the other victims contact details. Finally you can press criminal charges against this pair which would certainly be a public service to prevent any more innocent victims being duped by their lies, then subsequently, being subjected to their threats and extortion.
Area420: a pot paradise or not?
Area420 in Moffat, owned by Potch LLC,
might be advertised online as a pot paradise, boasting hookups to water and
electricity sufficient to sustain a commercial grow operation, but that’s
only half the story. For Phase I of Area420, that claim is true, as co-owner
of Potch LLC Mike Biggio runs a grow operation at what is called the Flower
Farm.
For Phase II, however, it’s a
different story.
Terry Ferrari, owner of 427 Kush Lane,
an acre of land in Area420, signed a deed of trust in August 2021, in which
he promised to pay a principal sum of $149,000 with interest on the unpaid
balance to begin accruing after electrical power is installed, “as defined
in the parties’ contract for purchase and sale dated May 29, 2021.”
As of October 2024, Ferrari still does
not have power adequate to sustain a commercial grow operation and has been
in court proceedings with Potch LLC since August 2023. In 2021, Ferrari sent
an email to Biggio informing him that he had gotten estimates for the cost
of necessary lighting and HVAC systems. Those numbers were approved by
Biggio, but Ferrari said when the worker showed up on site, he told Ferrari
that his required installation had been denied by Whitney Justice, the other
co-owner of Potch LLC.
Despite The Mail’s attempts to get
comments from Justice on any of the allegations made by Ferrari, or anything
pertaining to information found via public record about Potch LLC, Justice
or Biggio, Justice declined to comment, using the reason of being in active
court proceedings with Ferrari.
Lack of power is not the only setback
Ferrari is experiencing, but he said he has not had a drop of water, outside
the water storage tank he purchased, because Justice attempted to cancel his
water contract due to him not using the individual she suggested he use,
Moffat resident Ken Skogland.
“(Biggio) said six (plots) connected
themselves,” Ferrari said. But, when Ferrari attempted to follow suit and
hook up his own water, he was met with confrontation.
“It just proves it is barren.
There’s no commercial power or water. … They realized if they didn’t
give me water they’d be in more trouble. … I brought a truck in, and
there’s still no water from Area420. When they sold it to me, the site
says power, water, land. There’s no power and no water,” Ferrari said.
A five-day jury trial is set for March
2025, with court-mandated mediation to take place before the proceedings.
Not all court proceedings have been in
regard to the lack of power as promised in the deed of trust contract. Some
of the court proceedings have been instigated by Potch LLC against Ferrari,
alleging he was being threatening and that Ferrari sent death threats to
Justice.
Justice attempted to acquire a
protection order against Ferrari in three different counties: Saguache,
Pitkin and Chaffee. All three counties dismissed her case with prejudice. A
few of the reasons for the dismissal include her altering text or email
dates that she presented to the courts, although she has not been officially
charged with false reporting of any nature.
However, Biggio was found guilty of
harassing individuals Potch LLC sold land to – the Negrin family – and
was subsequently served lifelong protection orders to stay away from the
Negrin family and their three properties.
Sergio Negrin and his family own Miracle
Farms, as well as two of the train cars located off Moffat Way in Moffat,
which are planned to be used as a dispensary and smoke lounge. The Negrin
family has paid for both of their train cars, as well as their grow
operation, in full.
But, two weeks after their final payment
was made, Justice tried to serve them a foreclosure notice, Negrin said.
In addition, Biggio was texting Negrin
that “Cops can’t save you,” among other threatening messages, which
Negrin shared with both the courts and The Mail. There were also photos of
Biggio removing the temporary electric wiring to the cars and barricading
the entrance to Negrin’s property with two-by-fours that had nails
sticking up vertically, intended to pop tires.
Negrin said that at one point, an
individual known to work for Biggio arrived at Negrin’s home when only
Negrin’s wife was there and made her uncomfortable enough that the family
moved out of the home and into a home in Crestone the next day. That
occurred in 2023.
The harassment didn’t stop there. This
year Justice brought up three ordinances to the Town of Moffat that would
act as a loophole and allow for the town to revoke Miracle Farms’ grow
license. Town officials at the time said they were unaware of those
ordinances, which were only found after the protection order was put in
place, and Area420 still owns two of the train cars directly attached to
Negrin’s two cars.
As mentioned in the Oct. 11 story
“Moffat trustees remove lone elected official,” residents of Moffat are
“confused and concerned about many aspects of everything that went on with
the (Area)420 deal and they don’t feel informed.”
A public records search indicates that
Matt Litrenta, Moffat town clerk, appears to have multiple dealings with
Potch LLC outside of his position as clerk.
The record search shows Litrenta co-owns
a parcel of Area420, and the deed of trust reports he purchased it for $10.
Legally speaking, $10 is the minimum amount allowed to be put on a deed of
trust.
Secondly, Litrenta lives in a home that
is registered under Potch LLC.
And third, included in the scope of
Litrenta’s job is reading water meters. Whether he reads Justice’s meter
has yet to be verified.
When Justice was asked about town
officials on her payroll, Justice said none are. When it was brought to her
attention a second time, Justice said, “You refer to (Litrenta) as a
trustee, but he is the town clerk.”
Justice did not respond to additional
phone calls and emails.
At long last, this shameful story is finally being taken seriously by the press. I assure readers this will not be the last news story abut this issue. Justice and Biggio have been lying about me, attacking me and stealing from me, as admitted by Biggio in a text to my wife, for many months now. As I always say, if you tell lies about me or steal from me, expect me to tell the truth about you. That's exactly what I have been doing and I intend to do through to the end our trial and beyond. This pair may have initially fooled Police, Sheriffs and Judges But each time I respond with hard evidence, people know I am telling the truth. The true story is finally coming out just as I always believed that it would
Declining to comment is often what guilty people do. look at the below extracts from websites saying the people that say 'no comment' are often seen as being guilty. I for one, would answer any reporters question at great length. I have nothing to hide and the truth on my side, so would have no problems answering any and all media questions.
A cardinal rule of effective public relations is to never, ever say “No comment.” Even if you don’t have all the facts or you’re being dragged away in handcuffs or a hostile film crew is banging down your door,
say something or people will conclude you’re guilty.
https://sachsmedia.com/public-relations-lawyer-no-comment/
Admittedly, the answers suggested below will not deter a good journalist from seeking more information elsewhere. They will provide responses other than No comment.
For many people, No comment is tantamount to admitting guilt and/or suggests that you're hiding
something.....In most cases, saying No comment to a reporter’s question is a bad move.
https://www.prnewsonline.com/no-comment-tips-Solomon
In The Media Training Bible, I explain why the words “no comment” are problematic during a media interview.
Too often, that curt phrase sends a “guilty” message to the audience
https://www.throughlinegroup.com/2016/10/12/what-to-say-when-reporters-enter-a-no-go-zone/
Uttering the term “no comment” to a reporter is the journalism equivalent of pleading the Fifth Amendment against self-incrimination.
The phrase is pitiful for PR and a misstep in media relations. It conveys the wrong perception with journalists and the public alike. It’s also a journalism code for lack of transparency. That’s because “no comment” implies guilt and wrongdoing, whether true or false. PR pros and savvy communicators know that “no comment” creates a bad perception in the media — and perception is often equated with reality for news consumers.
https://dbgrinberg.medium.com/media-relations-101-dont-comment-with-no-comment-3627ae8108dd
“Saying ‘no comment’ creates a bad perception in the media, and this perception is often equated with reality by the public,” Leisa said. “My strong advice is: don’t say it.
It’s often seen as an admission of guilt, a sign of dishonesty, and portrays a complete lack of empathy,”
https://www.adonimedia.com.au/blog/why-saying-no-comment-is-not-an-option/
To use Whitney Justices own words against her (from 13th June 2024 hearing) 'I just hope that maybe by reading this shocking story and having to squirm a little bit -- once again, this is not her first time in the paper for dishonesty - um - perhaps it will give her -- I don't know, some insight on her behavior, and hopefully, she'll govern herself more appropriately in the future. But, I don't have a lot of hope for that.'
STOP PRESS!! Land without commercial power in and around 'Area 420' (Moffat) is worth $2,500 to $5,050 per acre. We have just had our almost 2 acre plots professionally valued at $10,100 each. If you paid Potch more than $5k per acre with no commercial power, demand your money back less the $5k true value. Don't fall for their snake oil salesmen BS that its worth it for the easy licensing. You can just as easily get a license in Saguache county. Do not fall for their often used BS, 'We will reduce your mortgage amount' or 'we will delay your interest or balloon payments'. If they ripped you off, don't let them get away with it. Why should you struggle to make ends meets whilst they sit there watching their pile of ill gotten gains grow. If they refuse to repay you, you can join the class action lawsuit along with other victims. The lawsuit is expected to start shortly after the end of our legal case which should be resolved by late May 2025. If you wish to join the lawsuit, please email terryferrari@hotmail.co.uk with your details and I will pass them to the attorney. He already has other victims lined up for this class action lawsuit. These people went to war with me because they let me down on my promised commercial power and water and I refused to pay $400,000 for their less than 4 acres of barren land. That shows just what terrible business people they are. Now they are facing a huge payout in our lawsuit of just under $3 million in loss of earnings alone, (a forensic accountant has calculated our loss of earnings at $2,987,568) plus lots of various damages as well. All because Justice was too greedy and had the gall to demand I start paying interest on their worthless land that they had failed to provide power on. They are so used to bullying and threatening people to get their way. They picked the wrong victim this time. I have never lost a lawsuit and don't intend to start now. They have never had a lawsuit go to the jury, they either bully people into submission or think they can outspend them legally to make the other side drop the lawsuit. They have failed on both counts with me, They tried to screw me for $400k, costing me almost 3 years loss of earnings in the process. They will likely end up having to fork out up to 10 times that $400k or possibly OVER 10 times that amount, depending on additional damages awarded. I'll put he jury's findings and their award on this blog and leave it online forever to stop them ripping anyone else off in future. At the start of this dispute, I really wanted to simply settle it and get back to work. But now that it is into it's 16th month, and less than 6 months from trial, I am happy to let it run its course and expect a huge payout from the jury. I've lost 15 months extra earnings due to Justice pursuing her futile actions. The jury should rightly be disgusted with Potch, Biggio and Justice's actions not only against me, but the dishonest & threatening way they have treated other victims, some with an almost identical story to mine. Many people in area 420 phase 1 did get commercial power, although some did not get the amount they require. Phase 2 is a whole different story. They lied and said power was supplied by Xcel energy when it is actually supplied by SLVREC. They lied and said power is run to your lot line (all over their website), when 3 phase power needs to be ran 1.5 miles to reach area 420 phase 2. Whitney Justice was too cheap to pay for it, despite duping buyers out of hundreds of thousands of dollars. They deceived many buyers in phase 2 by selling them overpriced lots before putting any commercial power infrastructure in place. Instead of making those they deceived whole (I have texts from other victims proving they were deceived as well), they greedily chose to try and steal their money instead.
POWER DISPUTE PAGE, 67 exhibits, both hard evidence and circumstantial evidence can be found following below the red hyperlinks below. Total proof of their power promise which they are now denying.
This is a fact based blog website detailing the legal battle between Potch LLC and its representatives Whitney Parsons Justice (whitneyjusticeinfo.com) and Mike Biggio (mikebiggioinfo.conm) VS Ridgeback holdings LLC and its owner Terry Ferrari (myself, the author of this blog). It is completely first amendment protected free speech as confirmed by Alamosa assistant District Attorney Patrick Deng on public record in court on 13th June 2024. It is packed with public record information, court dockets, motions, rulings, protections orders, original emails, text messages, audio and video recordings etc.
Potch, Justice and Biggio tried to rip me off by selling me barren land worth $2400 for almost 4 acres. They promised me adequate power and water to inflate the value of the land almost 200 times its genuine worth to $400,000. They delivered NEITHER adequate power, nor water as promised. As well as trying to rip me off for the $400,000, they are going a step further by trying to foreclose on (and steal) my $1,800,000 investment, claiming I owe them payments on the land. I have a contract that says all payments and interest is suspended until they provide my power, so I don't owe them a penny. They installed a completely unsuitable 200amp single phase supply instead of my promised 2336 amps three phase supply to try and trigger the payments. They have also tried every method and illegal act possible to destroy me and to make me remove this complete true blogsite. Everything from faking death threats from me, to lying to get various protection orders from me, even to lying to have me criminally charged with harassment. Every one of their ploys has failed, all complaints, criminal charges and protection orders have been found to be without merit and dismissed, They have used this same trick to rip off other unsuspecting buyers which I prove on this site. Nobody in their right mind would buy their newly claimed BS that they sold me under 4 acres of barren land for $400,000 when its available close by for $600 per acre = $2400. They themselves purchased it for under $1000 per acre and did nothing to it apart from resell it for 100 to 250 times the amount they paid, in my case, based on false promises of adequate power and water.
The original main blog page has been running for over 15 months. Justice and Biggio have pulled so many stunts and illegal acts in that time, the main blog (on the 'detailed story' page) now takes close to five hours to read and is only for the hardcore anoraks or those that want every detail and all the dirt. It is too haphazard and all over the map. I have therefore decided to break the site down into different pages. You will see the new links and the coming soon links below. Potch are suing me for Breach of Contract, Defamation and trying to illegally foreclose on my investment. I am counter suing their company for Breach of Contract, Civil Theft, Abuse of process, Colorado Consumer Protection Act Violation, Breach of Good Faith Dealing and a Declaratory Judgment. I am also suing Justice and Biggio personally for Malicious prosecution, improper conduct, abuse of process and for defamation. If you wish to see SUBSTANTIAL PROOF of their power promise, please scroll down this page. Or you can click the link for the detailed story page, condense story page or the lawsuits page.
Potch claim in their lawsuit (too late to change it now), they they sold me land with NO power promise, nor even knew I needed power. Both our cases and all our claims basically come down to did they promise me power or did they sell me land with no power. Therefore this page main page will concentrate on the evidence regarding the power. Any court has to find 51% (more likely than not) that one party is telling the truth and evidence corroborates that. I have many provable lies against Justice and Biggio. They do not have a single lie to prove against myself as I am an honest businessman who is on the Autism spectrum. One of the traits of autism is that honesty and truth is paramount. I simply do not lie to people nor about people. Plus I freak out way more than normal people when someone lies to me or about me. Hence this OCD blog site exposing this pair. I'm super angry at them. This blogsite was created to expose them, protect future victims and to protect my life savings which they are trying to steal. Main page links are below, then I will delve into all the evidence, both 'hard evidence' and 'circumstantial evidence' indicating my claim of power promise is irrefutably true. For context, in the two year and 4 months PRIOR to them filing this lawsuit, throughout our many communications, recorded phone calls etc, they NEVER ONCE said 'we sold you land with no power' as they are claiming in t his lawsuit. So they have ZERO evidence of their claim and all my evidence is below the main links. Please read it and judge for yourself. As I say all our cases hinge on this promise. Whoever's claim is the most believable will of course win the case. The loser gets nothing except a huge damages award against them and to be proven liars on public record forever. The truth is much easier to decipher when its all laid out in order on this page, and the attached pages.
CONDENSED STORY PAGE. (live now, click the link to the left to visit page) this contains a summing up of my story, along with some of the exhibits, about 30 minutes to read in full for those that just want the main facts.
DETAILED STORY PAGE, (live now, click the link to the left to visit page) this contains the whole story and many exhibits plus 15 months of journal type entries. Its about a 4 hours read excluding the exhibits
LAWSUITS PAGE (live now, click the link to the left to visit page) this contains the new lawsuit against Whitney Justice and Mike Biggio personally. I will also add a link to the business lawsuit page shortly.
JUSTICE AND BIGGIO LIES AND ILLEGAL ACTS PAGE (coming soon) This will contain all the various lies that Justice and or Biggio have told to myself and others, including law enforcement and judges. Also their illegal acts. This will demonstrate they will have zero credibility in court.
IRREFUTABLE PROOF OF THEIR POWER PROMISE IS BROKEN DOWN BELOW I will indicate in brackets whether that particular piece of evidence is HARD or CIRCUMSTANTIAL in my opinion. Read and judge for yourselves. I'm sure you will come to the same conclusion as myself. I'm also sure the judge and jury will reach the same inevitable conclusion. The jury will also have to view my ENTIRE blogsite as it forms their defamation claim. They have to view the WHOLE site to decide if it is 'substantially true' which, of course I can prove it is and in that case, it will defeat any and all defamation claims arising from this blogsite.
Firstly, Potch's lawsuit claims they did not promise any power, nor did they even know I required power. Of course this makes no sense for any experienced marijuana developer. They know that outdoor grows use a little power, greenhouse grows use a medium amount of power and that indoor grows use a HUGE amount of power. Potch knew we were planning an indoor grow BEFORE we even viewed the land and before we signed our purchase agreement. Their legal argument is now locked into their lawsuit, they cannot pivot and change their story now they have seen I have effectively blown their BS case out of the water and conclusively proved my counterclaim.
1) (HARD evidence) 15th April 2021 Below is a snapshot of the AREA420 Homepage as save by the web archive machine on the 15th April 2021. This was 24 hours before we provisionally reserved our plots based on these promises. A written promise on a website is fully enforceable in law, especially if the buyer made a purchase on the basis of that promise which or course we did. We had spent weeks researching Colorado marijuana grow locations and websites and we came across. Its crystal clear from their advertisement that they are offering a 'turnkey solution' with power and water on site. They clearly state that Three Phase power is provided by X-Cel energy.
2) (HARD evidence) 15th April 2021 Below is another snapshot of their website on April 15th 2021. This is from their 'What we offer' page. Again it confirms 3 phase power to the property via Xcel Energy. It also states they are offering up parcels with everything included above. A no risk opportunity. Again its a clear written promise which we acted on when reserving our plots 24 hours after viewing this page and Biggio confirming on the phone all the same details regarding power etc.
3) (HARD evidence) 4th September 2024. They clearly state that Three Phase power is provided by X-Cel energy, they are still lying about this to this very day. Below is a snapshot taken from their FAQ taken 4th September 2024. Phase 1 lots are all sold so they only have phase 2 lots available. They lie and say power is provided by Xcel energy. It is SLVREC and NOT Xcel energy that provide power to Phase 2 properties. They also lie and say power is run tot he lot line. My 3 phase power needs to be run 1.5 miles from Moffat. If they lied to you about power you can sue them or join the class action lawsuit in the works to keep your costs down.
4) (HARD evidence) 16th April 2021 Below is extract of email I sent to Biggio reserving 2 plots. I was shrewd enough way back then to offer just $50,000 deposit then another $50,000 when power is connected and for the owner financing interest to start from that date. Biggio had told me power would be a few months, he then changed it to 3 to 6 months.
5 (CIRCUMSTANTIAL evidence) 17th April 2021. Extract of an email from Biggio recommending a steel building supplier as we had told him we were planning an indoor grow. ALL marijuana developers know that indoor grows consume a huge amount of power. This did not bother Biggio who was eager to take my cash whilst promising me the required power. The building supplier ended us stealing $90,000 deposit off me, I paid him because Biggio told me he was trustworthy. I had no idea at the time that they were both thieves.
6 (HARD evidence) 26th April 2021 myself and my wife Pamela flew to Colorado and had a tour of Area 420 on this day by Mike Biggio. He repeated the power promise verbally to myself and my wife. Based on that promise, and that on the promises on their website we agreed to sign their memorandum of understanding. We met his partner Whitney Justice for just 2 minutes during this tour. We will both testify on oath in court that this promise was made.
7 (HARD evidence) 29th April 2021. Email snapshot is below from Whitney Justice, welcoming us to Area 420 and sending the Memorandum of understanding which clearly says no further payments or interest is due until power in installed.
8 (HARD evidence) 29th May 2021. Below is an extract of the contract Whitney Justice sent to us on the 29th May 2021. If you click the link, the full contract can be seen in a PDF file, opens in a new window. You can see clearly that our agreement suspends all future interest and payments until power is installed.
9 (HARD evidence) 9th August 2021. An email from myself to Whitney Justice after I noticed an 'error' in the contract. They had not inserted our agreed power clause. You will also note that I say to her that I expected it already to be on by that time. Of course this shows yet again they promised me power
10 (HARD evidence) 10th August 2021. An email response from Whitney Justice confirming 'Yes that was our agreement' The title company was part of the email chain.
11 (HARD evidence) 10th August 2021. Email from myself T Ferrari to Whitney Justice telling her that our contract to purchase is crystal clear that interest starts form the date that power is installed
12 (HARD evidence) 10th August 2021. Email from Whitney Justice to Myself. She said she asked her attorney to correct it as it was 'our agreement'. She even apologized
13 (HARD evidence) 10th August 2021. Email from Whitney Justice's lawyer Eric Theile to her with revised documents. But importantly, below is an email from Justice to her lawyer Eric Theile telling him I was not supposed to pay until power was hooked up. The crazy thing here is Eric Theile is the SAME LAWYER who filed the lawsuit against me stating that they did not promise me power not even know I needed power. So he is clearly lying as he is the one that revised the contract. So it looks like their lawyer is as corrupt as they are. I know lawyers have a bad reputation but this stuff really stinks.
14 (HARD evidence) 10th August 2021. Extract of tract 123 promissory note, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF format (opens in new window)
15 (HARD evidence) 10th August 2021. Extract of tract 123 Deed of Trust, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF (opens in new window)
16 (HARD evidence) 10th August 2021. Extract of tract 128 promissory note, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF format (opens in new window)
17 (HARD evidence) 10th August 2021. Extract of tract 128 Deed of Trust, clearly showing future payments and interest suspended until power installation. Click the picture to download the full promissory note in PDF (opens in new window)
18 (HARD evidence) 1st November 2021. Copy of text from myself to Mike Biggio. Telling him we should have the load requirements in a few days and will send straight across to him. His lawyer lied in the lawsuit and said we gave our load letter to SLVREC the power company. We NEVER gave it to the power company which they have confirmed you only give the load letter to the person setting up your power, which is why we only sent it to Mike Biggio. Also you will see that I asked him if 277v three phase would be available or just 240v three phase as we had to get our facility designed for the right voltage. Biggio called and said power was 277v. I paid our facility designers $28,000 to design our facilities based on the 277v power promise form Biggio. All the messages are forensically verifiable. Its clear evidence of the power promise trail.
19 (HARD evidence) 16th November 2021. Email to Mike Biggio sending our load calculations across in a spreadsheet. The email states that we need 2336 amps of three phase power.
20 (HARD evidence) 16th November 2021. Text reply from Biggio after receiving my load letter. He states that he received my email and is passing it to the power company. Note: If they had sold me land with no power, Biggio would have no role in this and I would have to send my power requirements directly to the power company. The fact that I only sent it to Biggio and he accepted it is solid proof that him and his company Potch were arranging my power as promised by their glossy lie filled website.
21 (CIRCUMSTANTIAL evidence) 19th December 2021. I had offered Whitney Justice to pay my next $100,000 payment early because I mistakenly thought it was due February 2022. I did not realize it was only due SIX MONTHS AFTER they supplied my required power which will be never. This is a copy of an email from Whitney Justice saying nobody except me pays the, early. This goes to show the trust I had in these people to follow through with their promise plus my honesty as a businessman. I prefer to pay my debts early and ALWAYS pay my debts. I have never been sued for non payment until this bogus lawsuit they filed on me.
22 (CIRCUMSTANTIAL evidence) 27th December 2021. Email from Whitney Justice saying she had received my $100,000 check. I demanded this back when I found out they had refused my power in June 2022. They refused to return it so this forms part of my claim for civil theft which entitles me to TRIPLE damages so that would be $300,000 for this payment they illegally held onto.
23 (CIRCUMSTANTIAL evidence) 9th may 2022. Email from myself to Biggio and his reply. Myself telling Biggio I may have to go with the lease generators as I cannot risk finishing the building with no power in place. Then Biggio stringing me along even more as usual. Potch are making a big deal about me trying to arrange my own power AFTER they had let me down on power. I had no choice at that stage after pumping $1.5 million into the project based on their bogus power promise. My only alternative as to walk away like so many others had done. No way was I going to do that and let them rip me off.
24 (CIRCUMSTANTIAL evidence) 10th May 2022. A year after signing our contract and 6 months after power was due to be connected. Mike Biggio emails me to tell me more companies he is talking with to get power. By this time, as I knew my building was about to start. I was going to start looking to lease a generator on a temporary basis as I was starting to doubt Biggio would come through in time and was keep to get operations up and running. Click the picture below for the full email and list of companies he was supposedly working with. More BS
25 (CIRCUMSTANTIAL evidence) 22nd May 2022. Extract of an email form myself to my site manager Mike Young. It states that we have worked out a long term power plan with Mike Biggio. He was still stringing me along over a year after initially promising us power would be 3 to 6 months. Importantly in this email it stated that Mike Biggio had promised us a 200 amp drop the following week that we could use for construction purposes. This power 200 amp single phase construction power was not installed until August 2022. Biggio and Justice have tried to use this 200 amps construction power to trigger the interest and payments on our loan when they had promised me 2336 amps of three phase power.
26 (CIRCUMSTANTIAL evidence) May 2022. One of many stringing me along texts from Biggio with another potential power option. He strung me along for over 2 years until July 31st 2023 when Justice illegally demanded I start to pay interest and balloon payments despite them not being due until they supplied my required power
27 (CIRCUMSTANTIAL evidence) May 2022 In Potch's lawsuit, they lied and stated that when they received my load letter in November 2021, I had already started construction on my building. I did not start the concrete slab and erecting the frame work until May 2022 SIX MONTHS AFTER sending my load letter to them,
Video of construction can be seen HERE (video opens in a new window)
Just to give the readers clarity on what happened next, I'll give the back story below.
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 (costing under
$10,000) 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.
28 (HARD evidence) 26th June 2022. Email from myself to Whitney Justice. Full email is below, original email is HERE
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
29 (HARD evidence) 27th June 2022. After Justice had replied basically saying talk to my lawyer as she did not feel well. I sent below email. Original email is HERE Its clear to all that had she not promised me power, she would have told me that in her response to any of my many emails and messages. In the 2 years and 4 months since I agreed to purchase the two plots right until the date of their lawsuit. They NEVER ONCE ever claimed to have not promised me power. The very first time they made this completely false claim was in their lawsuit on August 29th 2023. Also, I clearly stated in this email to both Biggio and Justice that Mike Biggio had told me they should never have taken my money without a power solution in place. Had that statement been incorrect, Biggio would have certainly corrected it.
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
30 (HARD evidence) undated. The engineer at SLVREC will testify in our trial that they gave Whitney Justice a price that included my required three phase power and that she declined that price and instead elected to give me a unsuitable single phase 200 amp drop to each of ply plots
32 (HARD evidence) undated. The office administrator at power company SLVREC will testify as above
33 (HARD evidence) undated. The manager at power company SLVREC will testify as above
34) (HARD evidence) 21st June 2022. Email from Whitney Justice to Myself and Mike Biggio. She clearly states the are working hard to get ALL Phase 2 clients power (I am a phase 2 client so of course this included myself)
35 (CIRCUMSTANTIAL evidence) 28th June 2022. Email response from Whitney Justice after me freaking out at them letting me down on my promised power. 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. instead of her simply complaining about her Covid.
36 (CIRCUMSTANTIAL evidence) 28th June 2022, 1st clip from recorded meeting. I was fed up with Biggio stringing me along with false promises, so I recorded the next couple of meetings. Transcript of the first extract of this meeting is below. The audio link to that extract is HERE. As you can see he is still stringing me along with 'pie in the sky' promises of different solutions just had he had been doing since May 2021. More proof they were arranging my power.
.................
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.
37 (HARD evidence) 28th June 2022, 2nd clip from recorded meeting. Audio link to that extract is HERE. Biggio promising he will reach out to SLVREC to see how much they want for the transformer which I was offering to pay for (they actually need to run 3 phases lines 1.5 MILES into area 420). Biggio should have known this before selling plots with promised power. He even admits that the amount of power we needed threw them a curveball. Again proof they were arranging my power. This is their fault for not setting any limit on it when the sold me the land. Had they set a power limit, I would have purchased elsewhere. Plus he is as usual stringing me along with more 'pie in the sky' power plans.
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?
………
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: 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..
………………………..
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.
38 (HARD evidence) 28th June 2022, 3rd clip from recorded meeting. Audio link to that extract is HERE. Biggio promising to see about getting me as much damn power as they can. More proof they are arranging everything
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.
39 (HARD evidence) 28th June 2022, 4th clip from recorded meeting. Audio link to that extract is HERE. Me telling Biggio I had checked with him that I was going to have 277v power before I spent $150,000 on 277v lights and he said YEP. More stringing me along that he hope to hear by Friday if my 3 phase is going to be a possibility. Also my wife said to Biggio that I told her to move to Moffat because 'We've got lots of power.
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.
40 (HARD evidence) 28th June 2022 5th clip from recorded meeting. Audio link to that extract is HERE. Biggio assuring me he would tell me when the imminent drops were coming. (They did not come for 4 months) Plus he would let me know about converting to 3 phase or more drops.
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.
41 (CIRCUMSTANTIAL evidence) 6th July 2022, More texts from Biggio stringing me along about power.
42 (HARD evidence) 13th July 2022. Email from myself to Whitney Justice and Mike Biggio. I had spoken to SLVREC to try to arrange power myself as I was fed up with their BS and delays. SLVREC had quoted me $1,000,000 for power. I clearly point out to them in this email that I had trusted them. I asked them to sell me 10 acres next door so I could try to build a solar solution. I tell them that if I can solve the power problem myself then I would expect a discount on my plots. I also complain about buying land for a premium price off them to have all the stress taken away. More clear proof that they promised me power. I also complain that I cannot up sticks and walk away as I heard others had done or were planning to, as a direct result of them also being let down on power promised by Potch.
43 (HARD evidence) 24th July 2022. Email from Whitney Justice to myself, in response to me asking her if I could convince SLVREC to hand the lines over to the power company next door XCEL Energy, if they would be able to supply my power. She states that they spent a great deal of time with Xcel trying to work out an 'invasion agreement' with SLVREC. They even hired an attorney to 'take another stab at it'. All this stuff was done behind the scenes without my knowledge. They never once told me about their power issue. They sold me the land with the promise of power, expecting to be able to solve the problem later. They were unable to solve it, and did not tell me. Instead they sat back and watched me construct my huge facility knowing full well they had declined the price for my power. Worse still they then tried to sue ME for breach of contract and steal my investment, despite them being the ones that had clearly breached our agreement.
44 (CIRCUMSTANTIAL evidence) 12th August 2022. Email from myself to Biggio and Justice plus Biggio response telling me they were disappointed with SLVREC lack of professionalism. They were still pushing me to complain to SLVREC about my lack of power. Making me do their work for them as they had promised me power, not SLVREC. Plus I had given my load letter to Potch, not SLVREC
---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Fri, Aug 12, 2022 at 11:55 AM
Subject: Re: SLVREC
To: t ferrari <terrylferrari@gmail.com>, Whitney Justice <whitney@coloradoarea420.com>
I am stunned with the lack of professionalism!
Thanks Terry. Please keep us posted.
From: t ferrari <terrylferrari@gmail.com>
Sent: Friday, August 12, 2022 9:18:54 AM
To: Whitney Justice <whitney@coloradoarea420.com>
Cc: Michael Biggio <michael@coloradoarea420.com>
Subject: Re: SLVREC
Thanks for the update, I'm expecting to file my
complaint early next week. Gave them a few weeks to respond and have heard nothing
except a voicemail
will keep you guys updated
Terry
Best Regards
Terry Ferrari
561 317 4507
45 (CIRCUMSTANTIAL evidence) 24th August 2022, More stringing me along about power. This time saying he was installing 'Geothermal' more BS.
---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Wed, Aug 24, 2022 at 10:33 AM
Subject: Re: SLVREC
To: t ferrari <terrylferrari@gmail.com>
Cc: Whitney Justice <whitney@coloradoarea420.com>
Thanks Terry! I will get on this today.
I will keep you posted.
Additionally, I
had a great meeting this morning with Hank Held regarding the geothermal. We
are setting a meeting first week of September to go over all the details. I
would like to bring you and Derek in on the discussions.
I will keep you posted on the exact date
and time.
46 (CIRCUMSTANTIAL evidence) 10th September 2022, Another text from Biggio lying and saying they had connected 400 amps when it was only 200.
47 (HARD evidence) 26th and 27th October 2022, Email from myself to Mike Biggio and his response saying he will send me over the purchase option for TEN ACRES at $2700 per acre so I could look at potential solar. This shows how much land with no power is worth. Even at their inflated $2700 per acre fee, it would come to around $10,000 for my plots and not the $400,000 they were still trying to rip me off for. Please check the highlighted section, I clearly remind him that I was promised everything virtually ready to go (the ideal time to say 'No we sold you land with not power' had that been true) then I say that I will see how their various plans work out (proof they were still stringing me along) and finally I wish they had told me before I'd constructed my building (which they have spent the last 11 months trying to steal from me). More hard evidence of their promise and failure to keep it. Full email can be seen by clicking HERE.
As mentioned earlier, I'm undecided
if I'm going to build the larger building on the next plot, or just buy a
plot somewhere else without the power difficulties. It sucks that I'm
in one of the hardest spots in the state to get power due to the success of
phase 1 etc. Especially as I was
promised everything virtually ready to go which is why I agreed on such a
premium price for the plots. I'd have been better off buying elsewhere
and just jumping through the licensing hoops. But for now I just need to get
first building up and running and see if I can make some money. If that
works then I'll wait to see how your various power plans pan out before
making decisions on solar etc. The larger building I will make a decision on
down the line.
I
just wish someone had told me the problems before I poured the slab and put
the building up. I could have written off some fencing etc, but
of course cannot move the building so I am just stuck now trying to find the
best solution.
48 (CIRCUMSTANTIAL evidence) 26th October 2022, Another text from Biggio stringing me along regarding power
49 (HARD evidence) 26th October 2022, clip from recorded meeting (more lips to follow). Audio link to that extract is HERE. Biggio clearly promising to give me 1600 amps of INTERIM power to get us going. Yet he only supplied 200 amps. Again more proof they were arranging my power. Another written promise of 1600 amps power when they are lying saying they sold me land with no promise of power.
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.
50 (CIRCUMSTANTIAL evidence) early 2023, Extract of a DIFFERENT contract to mine where Potch sold a plot outside Are420 but close by. This was a plot WITHOUT POWER. Note when they sell a plot without power, they specifically write it into the contract. They certainly would not suspend interest and payments until power was connected if they had not promised me power
51 (HARD evidence) 2nd March 2023, Extract form email to myself to Mike Biggio, plus his response still stringing me along about power. My email to him clearly states "I really hope they push this over the line but am still quite pissed that I'm left to find a solution when I was promised power at the outset". If I had not been promised power, he would have told me that in his reply instead of more BS. Full email can be seen by clinking HERE
---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Thu, Mar 2, 2023 at 11:43 AM
Subject: Re: Solar update
To: t ferrari <terrylferrari@gmail.com>
Hi Terry,
Thanks for the update. I will reach out to them
tomorrow to touch base. I really hope that this will be a solution.
On a side note, I found a potential investor to come in
on the Geothermal project. I sent them the proposal yesterday. I'm just
waiting to hear back. I'll keep you posted.
Get Outlook
for iOS
From: t ferrari <terrylferrari@gmail.com>
Sent: Thursday, March 2, 2023 8:32:35 AM
To: Michael Biggio <michael@coloradoarea420.com>
Subject: Solar update
......
I've explained to them I own my home outright and have
zero debt apart from the Potch mortgage which we will resolve later. I've
already ploughed over $1.5 million into my farms and have no investors to
answer to.
If these guys don't get me approved based on the above
then I am really in the shit. I see no other solution on the horizon.
I know they are super keen to do something with
myself and with you on the rest of phase 2.
I really hope they push this over the line but am still quite pissed that
I'm left to find a solution when I was promised power at the outset.
...........
52 (CIRCUMSTANTIAL evidence) 9th March 2023, Another text from Biggio stringing me along about the promised power.
53 (CIRCUMSTANTIAL evidence) 12th May 2023, Another text from Biggio, still stinging me along regarding power TWO YEARS after I signed the contract to buy the land with promise of power being connected within 3 to 6 months.
54 (CIRCUMSTANTIAL evidence) 19th May 2023, Email from Mike Biggio to myself. Still stringing me along about power, just 2 months before Whitney Justice sent me the bombshell email demanding I start to pay interest on my land, despite the fact they had not supplied my promised power.
---------- Forwarded message ---------
From: Michael Biggio <michael@coloradoarea420.com>
Date: Fri, May 19, 2023 at 11:19 AM
Subject: Re: Teams with Jerry and company
To: Dann Vail <dvail@capstoneengineered.com>, terrylferrari@gmail.com
<terrylferrari@gmail.com>
No problem
Get Outlook
for iOS
From: Dann Vail <dvail@capstoneengineered.com>
Sent: Friday, May 19, 2023 11:18:39 AM
To: Michael Biggio <michael@coloradoarea420.com>; terrylferrari@gmail.com <terrylferrari@gmail.com>
Subject: Teams with Jerry and company
When: Friday, May 19, 2023 12:30 PM-1:00 PM.
Where: Microsoft Teams Meeting
So sorry do to a issue at the home office can we please
do 1130 am?
Microsoft Teams meeting
Join on your computer, mobile app or room device
Click
here to join the meeting
Meeting ID: 240 798 003 867
Passcode: Td5dy3
55 (HARD evidence) 24th June 2023. Email from SLVREC Manager Terry Daley. This confirms they provided the 200amp drop to each of my plots "PER AGREEMENT WITH DEVELOPER." More proof that Justice, Biggio and Potch were arranging my power and selected a completely unsuitable 200 amp single phase drop instead of my required 2336 amps Three Phase power.
56) (HARD evidence) July 30th 2023. Extract of my email response to Whitney Justice and Mike Biggio after Whitney Justice had demanded I start making interest payments out of the blue, when she had no right to do so as they had not supplied my required power. Its clear from my response that they promised me power. This was the latest in a long line of times I had reminded them of this NEVER ONCE did they respond and try to say they had sold me land with no power, which of course they would have, had it been true. Full email is on the link HERE
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.
57) (HARD evidence) 1st August 2023. Extract of my email response to Whitney Justice and Mike Biggio after Whitney Justice said she was passing the matter to her lawyer as I had failed to abide by the terms of the contract. Despite it being THEMSELVES who had breached it, they were trying to rip me off for $400,000 for barren land. Full email is HERE
You guys were fully aware that I was planning an indoor grow with high power requirements as early as april 2021 when you put me in touch with Waldroop who ripped me off for the $90,000 for the metal buildings. This was a full 4 months before I purchased the land. Plenty of time for you to tell me you could not supply my power. I have enough proof of my power needs in writing and you continued pushing back the date for those high power needs. I also have audio recorded which is legal in Colorado, because I had a sneaky feeling it might come down to a he said she said.. At no point did you tell me it was too high. No court will accept a paltry 200a domestic supply as fulfilment of our contract when supplied with all the evidence showing your promises to the contrary. My claim will be for all of my losses which are in excess of $1 million. I shall also be filing a lis pendens on Potch's assets to prevent them disposing of them during the litigation.
I'd like to see you convince a jury that 4 acres with only 200a power is worth $400,000. Nobody in their right mind would agree to that.
What you are doing is downright wrong, at this point (I have saved many screenshots over the past few months) you are still advertising a one stop solution including power when you simply do not have the infrastructure in place. It's not fair to mislead buyers just as you misled myself.
I offered you a fair and simple resolution to avoid this. I can buy 40 acre lots close to power for $1k per acre nearby. I offered you many times market value for those plots to avoid just this. But this is the course you have chosen. I will of course fight fire with fire.
Will wait to hear from your attorney and respond in due course.
58) (HARD evidence) 4th August 2023.
Extract of my email sent to their attorney Eric Theile. THE SAME LAWYER who
added the power clause to our contract, so he knew for sure they promised me
power. He had omitted it at first then Whitney Justice made him add the
clause as you can see by exhibit earlier up this page. He had sent
me a cease and desist letter due to me publishing the truth on this
blog. He threatened to sue me for defamation Full email is HERE
I'm sorry to hear that your clients are worrying about their losses. They should be worrying about mine since their actions are jeopardizing my $1.5 million investment and have already cost me hundreds of thousands of dollars due to their failure to supply me the power they promised.
Let me save you some time here. I am not going to cease and desist anything.
Every word on my website is true to the best of my belief and I have ample evidence to back it up. Feel free to launch your lawsuit for defamation, slander, breach of contract, or whatever other civil case you see fit.
I'm working on my counterclaim as we speak. It's going to take some weeks to prepare as I have to itemize every dollar spent of this approximate $1.5 million. I have to send all the accounts to my accounts staff overseas who will process and itemize everything.
I am not an idiot, I would never defame anyone without proof.
So I look forward to receiving whatever lawsuit you decide to launch at which time I will respond with my defense and counterclaim.
In the meantime I shall continue to add evidence to my website which is protected by America's first amendment right to free speech.
FYI, your clients knew I was planning a power hungry indoor grow when they recommended the metal building seller to me around June 2021. This was months before completing the sale of the land. For your further information, AFTER sending my more accurate power needs to Potch in November, they continued to promise me power and push back the projected install date. Finally, after declining SLVREC offer of supplying my power, they failed to inform me and watched me finish construction of my hugely expensive building. As I informed them many times since, all they had to do was warn me and I could have relocated. Now I am stuck, left holding the baby so to speak.
For the past year I have been searching for a power solution. This should not be my job. Potch promised me power and failed to provide it. I'm sick of running around trying to fix their problems, whilst they ignore me and continue to market other plots. Then to receive a monetary demand from Whitney Justice followed by her accusing ME of
breaching our agreement was the last straw for me. If there is a particular statement on my site that you take issue with and can show me is false, please send me along that information. I will review it and if I agree with it, I will remove the statement in question.
If you wish to make a settlement proposal to make up for their failure to supply power they promised, I am happy to review that. Otherwise I look forward to receiving your lawsuit and will respond accordingly. I would love to see this case reach a jury, I'd bet the farm on which way they will vote. It may get settled before then as heavily one sided cases often do. That's a matter for you and your clients to decide. Any settlement will have to include full reimbursement of any legal fees that I incur as this battle will of course get expensive. I shall retain counsel after I receive your lawsuit. In the meantime, I am quite capable of documenting all my email, text, video and audio evidence in order to build a solid case against your clients. I'll leave it to counsel to decide which statutes to file my counterclaim under.
I've been quiet, humble and kind to your clients for the past 2 years despite their terrible treatment of myself and my company. Now I've had a gutful and am determined to see this through to conclusion.
59) (HARD evidence) 9th August 2023. Extract of my email to their Attorney Eric Theile again demanding the return of my $100,000 overpayment that was not and still is not due. I clearly told him they had breached their promise and I would sue for civil theft if they did not return the money which would entitle me to TRIPLE damages. They did not return it, I added a count of civil theft to my lawsuit. They tried to dismiss that count and the judge said it had enough merit to proceed to trial. Full email is HERE
As you are aware, I paid Potch LLC $100,000 during December 2021 that was not due and is still not due to them as they still have not installed my required power.
I have attached a copy of the check. I requested this money to be returned on June 26th 2022. I am still waiting. I've also attached a copy of the email last year requesting this repayment.
I am now demanding that this money be returned to myself within 7 days of midnight tonight.
If the money is not returned, then I shall treat it as being obtained under false pretences (theft), as Potch LLC were aware and are still aware that they have no intention of connecting the required power as per our agreement. This $100k was due to be paid 6 months AFTER connecting my required power. It is still not due and will likely never be due. Your clients are fully aware of this fact.
If the money is not returned, my civil claim will be amended to request TREBLE damages entitled in such cases under Colorado Law.
60) (HARD evidence) 19th December 2023. Justice posted the below comment on a news website that had recopied the NBC national news article detailing our dispute. I know for certain it was an owner of area 420 which you can see if you read the comment, nobody else would have had that information. Also, I know it was Whitney Justice as she said the exact same lines almost verbatim on oath at Pitkin County court on 31st January 2024 when I attended a hearing where she was trying to have a protection order against myself being made permanent. She had used the fake death threats and stating I was cyber harassing her using this free speech blog. I proved to the judge she was lying after cross examining her for two hours. The judge said Whitney Justice had not met the low 51% burden of proving her case and threw it out. I have ordered transcript of the Pitkin court hearing and will post it here as soon as it arrives to show this was Justice. If she still denies it, we can subpoena the IP address of the poster from the news website that she posted the comment on. But readers will know its her when they read the Pitkin court transcript where she tells the judge the exact same things. Justice again unwittingly admits that I had to present my load requirement to themselves, again proving they were dealing with my power supply. She tells a different story to when she told law enforcement that I did not present the load letter for 6 months. On the below comment, she states that I presented it just 4 months after closing. In fact it was 3 months, but at least she admits they were dealing with my power supply, which again blows their other lawsuit out of the water. Again, liars often trip over their own lies.
61) (HARD evidence) 11th January 2024. Extract of a Snowmass police report supplied to myself following a Public records request. Justice and Biggio had faked a death threat from myself in September 2023. I will explain that on their lies page and criminal acts page when I finish them. They had filed a false police report to obtain a protection order. The important part is that Justice ADMITTED to police officer Andrew Rushing that she had promised me power. She admitted that it was THEMSELVES who I had to give my load letter to and not the power company as stated their lawsuit. She lied and said I did not supply it until 6 moths later. I purchased the land in August 2021, I supplied the load letter 3 months later in November 2021, just 3 months after purchase as soon as I had my facilities designed. She also lied and said they offered me a phase one property after seeing my power requirements. 1) Why would they offer me a plot in Phase one if they had sold me a plot with no promise of power? 2) Where is the written proof of this offer? 3) Even if they did make such an offer (which they did not), What possible use would that be to me as I discovered they had screwed me on power the same day we installed the last beam of the framework of our 15,000 sq ft metal building on top of the $80,000 slab. Of course it would have been impossible to relocate the building after construction. Biggio and Justice sat back and watched me build my hugely expensive building, knowing they were going to break their power promise. The important part is that Justice is admitting to law enforcement that she promised me power. Totally blowing their lawsuit out of the water. Of course, she never expected me to obtain this report using public records request. Extract of the reports is blow the full report can be seen HERE
62) (CIRCUMSTANTIAL evidence) 12th February 2024, Below is an unsolicited email I received form a power worker who read this blogsite and who was unhappy with the way Whitney Justice and Mike Biggio were taking advantage of people at Area 420. Alone not a huge piece of evidence. But it is yet another brick in this huge pile of evidence that builds a solid wall and a solid case against Potch once the jury see all the evidence in its entirety and weigh it against whatever BS story that proven liars Whitney Justice and Mike Biggio tell in court.
63) (CIRCUMSTANTIAL evidence) 19th March 2024, below are three emails I received from an IDENTICAL victim as myself. Someone who was promised power and let down by Justice. I hope you agree, his story is truly heartbreaking.
64) (HARD evidence) March 2024. Below are copies of texts from Whitney Justice to the victim above. She is not content with ruining his life after letting him down on their promise to supply power (just as they did to myself). This poor man had taken out loans and borrowed from family to pay their inflated price for barren land. She is also trying to blackmail and extort him into signing the land back over to herself. She is doing EXACTLY the same as she is trying to do to myself. She has let both of us down on promised power but still trying to steal both our land. Look at the threats she makes to garnish his wages and destroy his credit if he does not pay her $200,000 MORE for his barren land that he has already pumps $150,000 into and completely lost as he has had to walk away. He is working 84 hours a week in a different state to his young daughter, just to pay off his debt that he took on to but their overpriced land. He is missing her growing up. Whitney Justice does not care she is still making threats to this poor guy. I can demonstrate in court she has done the same to others.
65) (HARD evidence) 17th July 2024 Below is a snapshot of their website taken 17th July 2024. Potch are STILL offering parcels equipped with all the amenities Power, Water and more. They are still deceiving people all these years later.
66) (HARD Evidence) 4th May 2022. Below is an article from the Denver Post date May 4th 2022. In it, Biggio clearly tells the journalist that they have 'Maxed out' their power. They say they are negotiating with another power supplier to see if they can get more power. It once again proves that POTCH arrange the power for their lots and not the customer as they claimed in my case. Also, this article was published BEFORE I began construction on my hugely expensive building. Why did they feel it was OK to tell a reporter about their power problem but hide this important fact from their own customer, who they knew was building the largest building in the whole of their developments. The reason they did it because they were determined to steal my money. He even said it was their 'Brick wall'. Yet more proof of this pairs constant lies. Link to article is below
https://www.denverpost.com/2022/05/04/marijuana-rural-urban-hooper-election-legal-sales/
67) (HARD Evidence) 31st October 2024.
Potch are STILL lying to their potential customers on their homepage and promising them non-existent 3 phase power. Over 28 months after they refused the power companies price to install the 3 phase. Latest screenshot of their site taken today 31st October 2024 is below. It is amazing they are still trying to dupe buyers after all these years. To be clear, there is NO 3 phase power whatsoever to anywhere in Phase 2 of Area 420.
There are 3 lies in the above homepage (from the same site they lured us to buy their plots with promise of power). 1) Is that there is 3 phase power to the property. As mentioned above there is no 3 phase power anywhere in phase 2. Plus all lots in Phase 1 are sold so they can only be referring to phase 2. 2) Is that power is through Xcel energy. It is not through Xcel but through SLVREC. The reason this is important is that if you plan to buy here (remember they do NOT put their power promise in your contact) and you call Xcel energy, they will tell you they CAN supply commercial power. If however you call SLVREC in advance, they will tell you that they CANNOT supply commercial power as Justice was too cheap to install it yet is still trying to dupe buyers by pretending it is available. The 3rd lie is that it the best place in the entire STATE for commercial cannabis. A total lie. Any expert will tell you that to grow commercial cannabis, you need commercial power. So Phase 2 of Area 420, which has no commercial power, is the WORST place in the entire state to grow commercial cannabis.
So, there you have it readers. A total of 67 exhibits. 46 of them are, in my view, HARD evidence and 21 of them are, in my view, circumstantial. I will add more when I find the time. So, I hope you agree, I have proved beyond any reasonable doubt that they promised me power. I don't need to prove it beyond a reasonable doubt in civil court. The proof burden is just 51%, ie, more likely than not. I am sure I have met this burden. Not only did they breach their contract and fail to provide my power, they are trying to rip me off for $400,00 for barren land as they cancelled my water contract as well before actually connecting it over 2 years after our purchase. They are also trying to illegally foreclose on (basically STEAL) my $1,800,000 investment by claiming they never promised me power. Its clear as day above, they did exactly that so they are the ones heading for a huge loss in the court case.
The above exhibits are forensically verifiable to be true apart from exhibit number 5 which is myself and my wife being told my Biggio during our tour that power would be within a few months. Neither myself or my wife have a history of lying which Mike Biggio does. He also had a 12 page criminal history and served 8 years in state prison for drug dealing and assault etc. Copy of his criminal record is on the detailed story page. So of course its more likely than not that myself and my wife sworn statement that he promised us power on our tour are true. Many of the exhibits Potch have are lies and/or fabrications. Many are not forensically verifiable which mine are. even if I had 5 or 10 exhibits showing they promised me power, they do not have a single exhibit showing they did not, because they never once mention this fact until their lawsuit filed 29th August 2023. Over 2 years after selling me the barren land. All the times I remonstrated with them for letting me down on power, NEVER ONCE did they say 'We sold you land with no power'. Which of course, they would have immediately done had that been the case. Jurors are not dumb. They will see through this pair of liars in a heartbeat.
Now lets look at some provably false statements from their lawsuit.
Above statement is clear BS. Its crystal clear from their website, let alone all the other proof above that we were promised adequate power. Also they NEVER connected my water supply, they cancelled the contract (out of pure spite) as it was just to be connected in mid 2024, 3 years after their promised install date and before delivering me a drop via their main lines. This simply confirms they sold me barren land. They also blocked all 3 of my roads with wooden stumps out of spite. Blocking required fire dept access. I have reported them to Colorado state fire regulators over this, as mine are the only access roads they have blocked.
Again, clear BS. I had spent many weeks in Florida researching suitable marijuana properties in Colorado. I actually went under contract to buy 160 acres (40 times the amount here), for $125,000. That plot was just down the road and for that property, the 3 phase power would have cost $75,000. Potch are asking you to believe I would purchase less than 4 acres with no power for $100,000 per acre when I could buy just down the road with power easily available for less than $1000 per acre. If you believe that, I have a bridge to sell you.
Of course they did. Please check exhibits 1 and 2 above, its crystal clear. Potch's actual offer was 1 acre plots in phase 1 with power already connected for $200,000 each or 1.9 acres plots in phase 2 (which they could not sell separately as they had to be minimum of 1 acre) with power coming in 3-6 months for $200,000. Obviously that it more believable (and I have PROVED it with the 67 exhibits above) than me paying over $100,000 per acre with NO POWER
A few lies above. Item 26, I did not provide SLVREC a load letter at any time and I have this in writing from SLVREC and they will testify as such at my trial. Item 26, yes I did give my power demand to Potch on 16th November (which if proved on exhibits 18 and 19 above). I could not have done it earlier which they knew, as I was having the facilities designed. Also, you only give your power demand to the person arranging power. So why would Potch have accepted this if they did not promise me power? Item 27 is the most blatant lie. You can see exhibits 6-14 above showing my power clause. Nobody would offer a power clause suspending payment unless they were providing power. Otherwise, I could simply have left the land with no power and never paid them another penny. Or, waited 2 or 3 years to install power to avoid interest. No land seller would put themselves in that position. Also, Eric Theile is the SAME LAWYER who drafted the power clause also drafted the power clause so he KNOWS this lawsuit is untruthful. Item 28 is also a lie. They say by the time they were of my power needs (November 16th 2021), I had already began construction of my building. I can prove this to be a lie as I ordered 10 huge truckloads of concrete for my slab beginning May 2022. 6 Months AFTER I gave them my load letter. You always lay the slab before putting up the framework so they are provably lying once again. As I told Potch in June 2022 IN WRITING, all they had to do was tell me about their power problem and I could have relocated. Instead they lied to keep my money and are now trying to steal my investment.
Please check back later when I have had time to add more exhibits. I will also be adding pages detailing their lies and criminal acts. Juries in trials are told to base their decision on two things, 1) Actual evidence exhibits. Of which I have a huge amount above. 2) on who is most likely telling the truth. I have a huge amount of provable lies against both Whitney Justice and Mike Biggio coming to my LIES page soon. The link will go live as the page is activated. They cannot show a single lie I have told as I have not knowingly told any. I even told their lawyer via email last August, that if he viewed ANY statement on my blog as untrue, to let me know and I would check it and, if required, remove that particular statement. Despite that fair offer, he has NEVER once asked me to remove any statement. So I not only have a mountain of evidence against them, but I can also prove to to the jury that they are habitual liars. I can prove they both lied to me, law enforcement and even to judges.
The judge granted the oppositions motion to consolidate our case into the Saguache case. 24 hours after receiving my opposition motion. We have been told in the 1% likelihood that we lose the case, we can appeal based on this ruling which would get a not only a new trial but also split the personal and business trials into two. We would do this for sure but its almost certain that it will not be needed, We have overwhelming evidence to win the trial anyway. We have finally received Potch's disclosures. They have a total BS case. No proof whatsoever that they sold me land with no power. Mostly trying to blacken my name by sharing texts between themselves and my wife over Christmas 2023 when we were both having nervous breakdowns and they paid $8000 to her attorney to try to force her to divorce me and get a protection order to have me made homeless. We have nothing to hide form these texts. My wife has apologized for the hate in there saying it was many times amplified by BOTH Biggio and justice telling her I was going to have her killed. I have also apologized to my wife for my actions. We have put it behind us. Despite every single thing my wife said about me, the one thing she did say that will crush them, is that I only ever tell the truth on my blogsites, which is why none of them have ever been removed and why I have never, until now, been sued for defamation. Their defamation claim will fail, of that I am sure. Quite simply I do not tell lies. I have many any other faults as do most of us, but lying is not one of them. Someone tried to sure me over a blog over 10 years ago, they specifically said in the court papers that they were NOT suing me for defamation. Why? Because every word on my site was true. Just as every word on this site is true, to the best of my knowledge and belief. As I say, they are just trying to muddy the waters because they do not have SHRED of evidence that they sold me land with no promise of power and I have a shed load proving they did. All they have to hang their hat on is the few times I tried to arrange my own power. First I was trying to lease generators a year after them saying power was 'months away'. I was desperate to get growing. Then after may 2022 and especially in 2023, I tried many ways to get my own power, telling Potch straight they had let me down and left me with no choice but to try and find power myself. Almost every single power company I spoke to, I told them Potch had let me down on my promised power, so we can get statements form them all or even get them all to testify via zoom. I'm OK with either, I'm sure Potch wont be. They are trying to say this was my responsibility but my 67 exhibits on this power page conclusively proves that to be bullshit. I'm looking forward to our case to nail these liars once and for all. I have a ton of evidence and a stream of witnesses. I told both Biggio and Justice many times they had let me down on their promise of power and that they promised me EVERYTHING was included in my purchase, POWER, WATER and easy licensing. Never ever once did they say 'we sold you land with no power' which they would have done had their bullshit claim be true. Lets see them answer each and every time I mentioned this to them and why they never ever corrected me. Because I was right all along, that is the only feasible explanation. I'm super confident of victory. I will post most of the disclosures (of BOTH sides) on the Saguache legal battle page as soon as I find time. Unlike Potch, I try to post both sides, albeit with my own interpretation, to be totally transparent. Truths means everything to me and it means nothing to Potch, Biggio, or Justice.
I just got the other sides disclosures. A load of baloney. They do not have one single shred of evidence that they did not promise me power, nor that they sold me land with not power. They are spending more time concentrating on mine and my wife's breakdowns (due to all this crap) at the end of last year, the same time they pounced and paid her $8000 to attorney to file for divorce and remove me from my home by getting a protection order which they constantly pushed her to get. Hence my abuse of process claim against them. Two things wrong with that 1) Blackening my name does nothing to get them off their provable dishonesty. 2) My wife will swear that everything I said during that time was true and that I never publish lies on ANY of my blog sites. So good luck with the BS defense. Roll on the court case, lets get this wrapped up once and for all. Lets show the world what dishonest liars this pair really are. I'll post most of the disclosures on the legal page as soon as get time. BOTH sides disclosures, I want to be transparent.
I'm just going through Potch's disclosures and am shocked to see that their lawyer DELIBERATELY omitted some evidence which helps nail their client. This is dishonest and its malpractice. I shall add that to the complaint against Eric Theile that the Colorado Supreme Court Attorney Regulator is already looking into, which Theile will know all about very soon. This just goes to show that attorney Theile is just as crooked as Justice and Biggio
He left out at least one huge chunk from after 6th February 2024 through to 15th May 2024, and possibly others, I'm going to check every document to be sure. There was a ton of hard evidence against Justice and Biggio between those dates. You can check the evidence by checking the dates further up this page. The evidence was INCLUDING where she ripped of someone the same way she did to me, and her trying to blackmail and extort that same victim even though she had already virtually destroyed his family. ALL of my blog pages will be shown in court and they will have to explain why they sneakily tried to leave this damning evidence out. You cannot cherry pick part of a document. If you are going to submit it, it has to be in its entirety. They know they are going to lose, that's why are playing these games. My impression is they are trying to drag this out until the last minute then attempt to settle on the eve of trial (they are hanging their hat on trying to make me run out of money first, never going to happen) or even as the trial begins. If they leave it that long, my settlement fee will be $1,000,000, plus legal fees, plus my barren land mortgage cleared, plus 3 or 4 conditions, including not misleading any future buyers over power. That is less than HALF my loss of earning alone. Plus I'll be awarded damages for Breach of Contract, Civil Theft (triple damages there = $300,000) Abuse of Process, Colorado Consumer Credit Act, Malicious Prosecution, Improper Conduct plus Defamation. Also punitive damages. Any potential settlement will grow higher as the months drag on and their fun and games drag on. Of course, my loss of earnings will increase month on month. ALL of my counts are provable and they know it. That's why they have tried everything to destroy me for the past year. EVERY SINGLE TIME these jerks have forced me to go to court on one or another of their trumped up allegations, Every time I have beaten them. Most times without even needing an attorney. EVERY allegation they made against me has been dismissed. Why, because they are all bullshit and I proved it. Yet they both think they are these great litigation masters, they have no clue. The jury will have a field day adding all those damages up, plus in sending a message to Potch to never rip anyone else off and destroy anyone's else lives in future. All for $$$$$. No other reason other than to steal from people. They could have made millions legitimately, but they prefer to rob people and ruin their lives instead.
OK, I am going to summarize the important stuff they left out of their evidence, the stiff from 6th February to 15th May. This is called exculpatory evidence (showing the other person is telling the truth) and of course MUST be included as they have included most of the rest of my website. They cannot just leave out the parts that shows they are lying or shows they are guilty.
9th February 2024. Proof of all Ms justice lies to the Pitkin County judge (transcript coming soon). Including deliberately changing the date of my 8th January email to 12th January (IN FOUR different places) to make it seem like I had defied law enforcement order not to contact her, when I NEVER received such an order. Regardless she did not make the complaint until 9th January which is why she lied and said the email was sent on their 12th. Because my email was sent BEFORE she made the complaint, in which case, the investigator could not possibly have ordered me not to contact her (which he never did, not even to this day) unless he had a time machine as my only contact with her in 6 months was sent 18 hours before her complaint.
6th March 2024. Am email from a concerned citizen who used to work for the power company. He saw how Justice and Biggio were ripping people off and was not happy with it.
13th March 2024. Details of various complaints about Justice and Biggio filed with the FBI.
14th march 2024. Proof of Biggio on recorded Audio promising me 1600 amps of TEMPORARY power.
19th March 2024. 1st email from identical victim as myself. Biggio had promised him power as well, he had borrowed money from his family and banks. They screwed him on power just as they did me. He has had huge stress with his family over this. He is now working 84 hours a week to pay off his loans and has had to walk away from his area 420 property. He hardly ever sees his 3 year old daughter in Texas. His story is heartbreaking
21st March 2024. Story from witness about Biggio threatening to shoot Erik Martinez, dig a hole in the ground and throw his body into it.
25th March 2024. Hateful blackmail and attempted extortion text from Whitney Justice tot he poor victim above who has lost $150,000 to date. She is demanding he pay her $200,000 more or sign the land back over to her. This is their MO, this is what they do. Example of her threats are below. Main details on March 25th above. Copies of her actual disgusting texts ore on the 25th March update on my detailed story page (link and top and bottom of this page).
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..
4th May 2024. Details of our claims against Potch for civil theft etc. The just allowed 6 of the counts t proceed to trial.
On the 15th May, her attorney has deliberately left off the below text message to my wife admitting click fraud on my site (clicking on my sponsored link thousands of times to cost me money)
As for text messages, the did the same with texts between Biggio and myself, they cherry picked the ones they figured helped them and left other crucial ones out. Fortunately I have submitted the file containing EVERY text we ever exchanged in to evidence.
They simply cannot do this. This will demonstrate to the jury just how sneaky and dishonest Biggio and Justice are, as well as their attorney Eric Theile. I am going to put up a JVAM law blogsite when I find time as their corrupt attorney KNEW they promised me power as he wrote the contract, then LIED in their lawsuit saying they never promised me power. Its all true so they can sue me all they like, they won't be able to remove the blog, just like they cannot remove this one.
To be clear, I have never made a single physical threat against either Biggio or Justice. All I have done is go public with our dispute to out their dishonest behavior. I am simply exercising my 1st amendment protected right to free speech. I always stay within the law. However, Justice and Biggio always cross into illegality by filing false reports against me and also filing false charges against me.
Thank you for reading this. Link to other pages of this blog are below. red links are live and the others are coming soon.
CONDENSED STORY PAGE. (live now, click the link to the left to visit page) this contains a summing up of my story, along with some of the exhibits, about 30 minutes to read in full for those that just want the main facts.
DETAILED STORY PAGE, (live now, click the link to the left to visit page) this contains the whole story and many exhibits plus 15 months of journal type entries. Its about a 4 hours read excluding the exhibits
LAWSUITS PAGE (live now, click the link to the left to visit page) this contains the new lawsuit against Whitney Justice and Mike Biggio personally. I will also add a link to the business lawsuit page shortly.
JUSTICE AND BIGGIO LIES AND ILLEGAL ACTS PAGE (coming soon) This will contain all the various lies that Justice and or Biggio have told to myself and others, including law enforcement and judges. Also their illegal acts. This will demonstrate they will have zero credibility in court.