With Rossi, an emphatic No means “I can get away with saying this.”

Thanks to LENR Calender, I noticed this question on JONP:

Alberto
April 15, 2017 at 1:23 PM

Dear Dr Andrea Rossi:
In a blog has been published that the firm USQL, of Engineer Fulvio Fabiani, belongs to the same trust that owns Leonardo Corporation (Florida Energy Trust): is it true?

Andrea Rossi
April 15, 2017 at 2:05 PM

Alberto:
It is totally false that the company USQL belongs, directly or indirectly, to any trust that owns any quote of Leonardo Corporation. If any blog has published this information, it must be clear that:
1- this information is false , therefore who published it is a fraudolent bloggist, probably paid to make a so blatant falsification. Should he, or she, be a journalist, for such a falsification this fraudster would have been fired.
2- this information gives the measure of the low level of the puppets
3- the ownership of USQL has been published in the deposition sworn by Eng. Fabiani, that has been disclosed in the pacemaker of the Court. The ownership of USQL is also very easy to verify in the published documents and in the public register of the USA companies:also such document has been published in Court.
Clearly our foes, not having true arguments to make their case better, are now recurring to false statements.
Warm Regards,
A.R

In many court documents, I’ve seen recently, Rossi makes statements that other statements are false (“disputed”) when the reality is that the statements are true, as stated, but Rossi restates them to make them arguably false. There is — or was — a relationship between Florida Energy Trust and both USQL and Leonardo Corporation (Florida). In a deposition, Rossi is unclear about who owns Florida Energy Trust, but he thinks he is the sole beneficiary. The owner of Leonardo Corporation (Florida) is Florida Energy Trust, to be sure.

That is, the ownership of LC (FL) is different from LC (NH) which was owned entirely by Rossi. This then creates some problems, because LC NH was party to the Agreement, the First Amendment, and then the proposed and failed Second Amendment, and Leonardo FL, which existed from 2010 on, i.e., at the same time as LC NH was signing with Industrial Heat, has separate ownership (even if Rossi is the beneficiary). Rossi claims that NH merged into FL, but … when is unclear.

Rossi’s response to the IH Motion for Summary Judgment is completely inadequate on this. No evidence is shown of the merger. There is other evidence to review, to be sure, but …. what do I immediately find now?

First of all, Florida Energy Trust (FET) was reported as 100% owner of Leonardo Corporation for 2012. What Leonardo Corporation? The EIN is 90- 0780933. The address of the corporation is c/o Andrea Rossi, 1331 Lincoln Road, Unit 601, Miami Beach FL 33139. We know there was a $1.5 million payment to LC (NH, from the Agreement) in 2012. This is greater than the entire income of the Leonardo reporting. The return is signed by Travis, the New Hampshire accountant.

The 2013 LC return shows the same EIN, address, and FET ownership. We know there was a payment of $10 million to LC (NH?) in 2013. This is, again, much more than the entire income reported for this Leonardo. (The original return apparently claimed about $3 million in income. The amendment reduces this to less than $1 million.) There is also a deduction for “Florida taxes.” This is not conclusive but indicates a Florida corporation.

I conclude that this return is for Leonardo Florida, in spite of the accountant being in New Hampshire, and that the IH payments went into Leonardo NH. Rossi simply continued to use the same accountant for 2012. These returns do not cover the IH payments, but Rossi claims a merger, which would merge all the income and expenses as well. If so, the merger happened after 2013. It is possible there is evidence re the merger somewhere in the mountain of documents recently filed.

Then, from that 2013 return, LC Florida loaned $35,000 to USQL. It also shows an “investment” in a MW Plant of $1,248,617. Given that Rossi sold a 1 MW plant to IH in 2013, and was not known to have another, this is very odd. In any case, the $11.5 million paid as directed by Rossi did not go to LC FL, but likely to LC NH.

Now, USQL. This is their 2013 incorporation document.  It shows the Registered Agent as Johnson. Yes, the same Johnson. Two Managing Members are shown: Fabio Fabiani and Florida Energy Trust. I understand that his is unusual for a managing member of an LLC to be an organization.

The office of USQL is the Rossi address above (including Unit 601)

This is a 2014 reinstatement for USQL. It still shows FET as a managing member. 2015, the same. The same Unit 601 address. The 2015 return was filed March 3, 2015. The Doral plant was in operation.

2016, however, FET is dropped, same in 2017. The 2016 report was filed February 23, 2016, and the address was changed to Unit 401. The 2017 report was filed about a week ago, still with the same address, Unit 401, though Fabiani is known to now be living in Russia. Johnson is still the registered agent.

Now, what Rossi wrote. It’s more or less correct, as to the present state, perhaps, but it is the “less correct” that is something so common with Rossi. From his vehement denial one would think that there was no connection between FET and USQL. However, there was a connection. It was dropped at about the time of the end of the GPT.

What happened to the $35,000 that LC (FL) loaned to USQL? The Leonardo tax returns we have — which may not be all the “Leonardo” returns — contain numerous red flags that I’d expect an IRS auditor to be interested in, and this question about USQL is of some small interest.

Not a large interest. Why Rossi didn’t just say the truth could remain a mystery, except that deceptive claims that are in some way true seem to be SOP for him. A simple response would have been “At one time, FET was a manager of USQL, along with Fabio. That was dropped in March, 2016.”

However, around this time, Fabiani’s equipment — his computer and electronics — was thrown outside at the Plant, Fabiani retrieved it from the trash. He writes to Murray, shortly, that Rossi thinks he is a spy. He’s lost his job. When Rossi filed the lawsuit, I think he saw the train coming down the track, and got out of town, even though he is still using the condo as address (apparently, it’s owned by Rossi). He is more or less screwed, but I hope that he saved enough to see him through.

Fabiani was a friend of Rossi’s wife. That’s how he got involved. He seems to have remained loyal to Rossi, and it is not clear whether or not he knew about the frauds. I think his Lewan interview that I previously reported on was sincere.

Rossi is paranoid, hair-trigger reactive. Someone on a blog mentions an obsolete fact — I had seen this and may even have repeated it, though I was not the source — and he starts frothing at the mouth.

 

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Author: Abd ulRahman Lomax

See http://coldfusioncommunity.net/biography-abd-ul-rahman-lomax/

13 thoughts on “With Rossi, an emphatic No means “I can get away with saying this.””

  1. Abd note: I have approved this comment, with redaction, to make a point. “Information” like this, from an anonymous person, is defamation and could expose this site to legal action. It is, as well, useless. (If it were useful the public need to know could outweigh the risk.) I will not allow anonymous (i.e., irresponsible) defamation here. As with any journalist, I may follow up on an anonymous tip that contains verifiable information.

    The user here appears to claim the name of ENEA, the Italian alternative energy agency. However, first impressions can be misleading. The email address, which I am not publishing, leads to a real person with first name “Enea.” The person is involved with pinball machines. So … there is a level of plausibility here. On the other hand, the essence of this is that the person was involved with F- over five years ago, and claims to be owed money by F-, and witnessed (forgery?), but apparently did not report it at the time. Or did he? So far, this is not only an unreliable source, but also presenting a basic irrelevancy, even if proven. The criminal and alleged criminal history of Andrea Rossi was, in the end, irrelevant to the technology, the alleged science, and the lawsuit. Much less relevant would be the alleged and old misbehavior of F-, a secondary figure.

    Obviously, any investor would want to become familiar with such facts and claims, and make an informed judgement. At this point, the probability of fraud in Rossi claims is so high that an investor would be extraordinarily foolish to, at this late date, trust any Rossi claim without fully-independent verification, and the Rossi history shows that a verification might seem independent without actually being so.

    The original comment:

    I know [F- redacted].
    He recently dont payd me 5 years.
    I was with him in bulgaria where he want to open a credit transfer system for his friends for not good money…
    He cloned a document of italian state in front of me
    Now is in italy.. . But i know where he could live in bulgaria

  2. What’s with giving Fabiani the pass on the lie that Rossi threw him out and into abandonment? FF is Rossi’s mini-me (sort of) and that entire charade was scripted and bought hook line and sinker by the Planet Rossi-ites. It is good that the R’ster is tripling down on his fibs as well as this is sweetening the victory elixir for IH and the worsening the bitter cup that R and his ilk will soon be drinking.

    And furthermore – why all the post “heat exchanger” pictures and all the associated grace from the P.R.s??? Where the heck are the pictures of the magical “heat exchangers”itself?.Surely the R’ster took some pictures of the MOAHX (Mother of all Heat Exchangers).

    1. Some things are really crazy, and some people believe what surprise me, like Santa… even a majority here.

      Not talking of LENR but of my elections… There is a mental asylum nearby… not sure inside is not out.

      I don’t know if they rent room, I need some rest. Will check on AirBnB.
      I hate when people I respect attack people I respect, and Rossi triggered that conundrum.

    2. Fabiani stuff all part of the Rossi master-plan? Sure, I was thinking that as very plausible. But, as many Rossi-related things, I don’t know how it can be proven.

      With Rossi you have a collection of statements and unproven assertions which taken together smell to high heaven – yet little can be proven.

      Worse, the fact that you can prove he is an inveterate twister of the truth and can’t be trusted an inch means that you tend to think you can prove every one of his truth-twistings is a lie. But often, as slippery as the fish they smell of, they remain unproven but likely.

      Who else to involve in this tangled web – I cannot say. But I’m inclined to think people innocent or half-innocent dupes given Rossi’s ability to get apparently sane people to believe six impossible things.

      I hope this stuff emerges in the Trial, if there is one… But I’m not holding my breath.

      1. With growing familiarity with the evidence (from all sides), I’m finding clarity growing. My first task is to complete the compilations I have begun. I am writing first impressions, but that compilation process is not done. I am looking at what will be considered by the Judge in the MSJs. This is quite related, though not identical, to what would be seen by a jury if this goes to trial. Most of the issues are fairly simple, if one becomes familiar with the evidence. On LF, users get tangled up with what can be difficult to understand. THH, to you, the issue of the heat exchanger incapacity is clear, because you are familiar with that evidence. The job of the attorneys is to present the evidence to the judge, in the MSJs, to create sufficient clarity for decisions. If it goes to trial, it becomes the jury to be educated. This is their job, and studying this case creates, in me, more respect for that job and for the judicial process, even though I have not always agreed with every decision by the Judge and the magistrate.

        I see no sign of judicial bias, as one aspect.

        Yes. Rossi has been able to inspire people to believe him. It is a special skill; it can be very dangerous. It has created many successes for Rossi, but also many failures. If there is a trial, I look forward to seeing him in person.

      2. When I first heard about Fabiani getting “kicked to the street”, at least his equipment, I thought this really tells us something about Rossi’s mindset. But then something did not seem to fit and still does not. Perhaps Mr. Weaver can shed some light on this?

        When Fabiani was first listed as a third party defendant, I thought well, we will see where his loyalty’s lie. Then Bass was later added and I thought well, we will NOW obtain some “behind the scenes” information from an insider!

        After all, Fabiani, long time friend of Rossi and wife may remain loyal, but Bass is a different story. Assuming Rossi hired him from “thin air”, why would he risk his neck? Why would he even spend money to defend himself? He surely will go to IH and make a deal as a hostile witness. Drop the charges on me and I will tell you everything.

        Then Fabiani gets kicked to the street. I thought, well… he too will drop loyalty and make a deal. The deal making does not seem to have happened from either Bass or Fabiani. IH would not have any interest in pushing Bass to the limit, he was a bit player. I would have thought a deal with Fabiani would even be worth “letting him off the hook” for hard inside information.

        So my question is – “Why are these two people still fighting the counter suite?” Why have they not pled a deal with IH and saved significant money? Even if Rossi is paying their attorney fees, (which I have seen no direct evidence that he is), they surely know the setup was fake. Especially, why would Bass remain loyal? This is escaping me as it is so evident the entire setup was a fraud.

        Mr. Weaver care to shed any light?
        Thanks!

        P.S. This is not meant as a support for the Rossi case, I simply cannot understand why these two have not turned witness!

        1. I think of going over the Bass deposition for clues. I would hope that Jones Day would know how to approach Bass. Bass has nothing to gain from a trial and much to lose. However, my personal advice to him would be to simply tell the truth, with care, and if he made mistakes, to admit them, at least privately. Negotiating this could be tricky, but this is precisely what good attorneys are for. I have a fairly good impression of his attorney, from earlier activity, but I have not yet reviewed the 3rdPD MSJ yet.

          Bass was clearly a player in the fraud. That creates a liability for him. In a judgment against the 3rdP defendants, the judgment could easily be enough to bankrupt him, and it would be “jointly and severally” owed. However, he would not be liable for the big money, the $11.5 million initially paid to Rossi. Nor is Johnson on the hook for that. Penon might be, because of the Validation Test, and also fees paid to Penon, but Penon is not currently a defendant, IH could separately sue him, with a much simpler case.

          This gets tricky. What if Penon is merely incompetent?

          1. “the judgment could easily be enough to bankrupt him,” (from your post above)
            I can see this also. That is why I cannot understand why he is contesting this counter claim. I would think any attorney worth their salt would see the situation and approach IH with a deal. I would have thought IH would have gladly accepted the deal, as Bass seems to be a bit player and IH would recover much from him anyway.

            Perhaps they have approached him and he or his attorney refused. But I cannot imagine why! Perhaps IH has not approached him, but again, I cannot imagine why.

            I think it likely the whole “thrown to the street” story with Fabiani may be fabricated. I do not think anything there could be construed as perjury and who knows what purpose. Perhaps it did happen, but Fabiani remains loyal for some reason.

            Much harder to understand the Bass situation though.

    3. Two issues here. I’m slogging through the muck evidence re the MSJs. Routine JONP is utterly insane, and how useful is it to keep pointing it out? Planet Rossi has had most of the intelligence filtered out. However, I run with “testimony is presumed true unless controverted.” I do not know that it’s a lie. Might be. Evidence? Fabiani obviously made some serious mistakes and might end up being liable for them, but … I am not willing to hate anyone, not even Rossi. I’ve repeated a story that is told in the evidence we have, and if you have contrary information, you are welcome to pass it on, particularly if it is verifiable. Maybe I have overlooked something.

      IH does not seem to be claiming that Fabiani is lying. Rossi routinely lies, has probably been doing this for a long time. My suspicion, though, is that he believes his lies, where someone rational would not. (And if someone believes their own lies, they enter a territory that is neither lying or telling the truth. That belief may kill them, and their condition is dire. There may be more ready recovery for an out-and-out fraud.) Most of his lies have to do with how reality is framed, but with the Johnson Matthey issue, I find it difficult to believe that he believes he never created that impression, and conviction on a perjury charge is looking quite possible. It’s a bridge too far, and requires either deliberate lying or denial so deep that it would be astonishing if he ever recovers.

      1. I think Fabiani was being paid an overly large amount of money for his services. He said he was responsible for the manufacturing of most of the hardware except for the fuel cells.
        If he was actually worth anywhere near what he was being paid, he would have seen that the whole year long test was a sham.
        I’m wondering if he also knew the secret customer, JMP, was a Rossi construct with no production of anything? If he did, and was being paid by IH, against who the fraud was aimed, I would have no sympathy for him at all.
        If he had no inkling that something very fishy was going on, he can’t be very bright. I mean really,.. you could smell it from ten thousand miles away and most people did. Why wouldn’t he smell it when he was working in it? I think the smell of the money may have masked the aroma.

        1. it is not at all clear that Fabiani knew details of the Agreement, and of the Term Sheet. The smell of money can mask much.

          I suspect that Bass did not know. In his deposition, he seems outraged and uncomprehending.

          It is dangerous to tell others what you are told to tell them, as if this is from your own knowledge. You could be supporting a fraud. This is how Bass became liable. For criminal fraud, there must be mens rea, not merely lack of proper caution. But with civil fraud, if your words cause harm to others, you may be liable, even if you did not realize that this was a fraudulent scheme, even if you thought this was merely some harmless banter. Even if Rossi had promised you this great job as the Engineering Director of JM Products, which is what I suspect happened.

          Johnson is screwed, blued, and tattooed, and if he’s reading case documents, he may see that the sky may be about to fall. I’m not sure that Summary Judgment will work against Johnson — I really haven’t reviewed that yet — but I don’t think he’s going to want this to go to a trial. There is plenty to show his knowing fraud, and we probably have not seen all of it, just the strongest evidence.

          Fabiani, I am not yet clear on what happened. My sense, though, is that he was freaked out of his wits when the IH-Rossi cooperation collapsed. IH was paying him, not Rossi. Rossi had set that up, but then blamed him for being exactly what Rossi had set up, the “IH man”?

          Or is this all smokescreen? Dewey seems to think so, does he have private information? While IH may have been paying Fabiani, Rossi may have promised him this or that.

          I do not make assumptions about what people would know as easily as you seem to do, Pweet. People react to situations according to paste experience, and everyone’s past is different. Fabiani liked electronics, and that’s what he was doing, for the most part. Reading some meters, writing down the readings …. if he was not sophisticated about steam, it might have seemed to him that the reactor was working. Rossi was able to dazzle people. Look at the Mats Lewan interview of Fabiani.

          This is the skill of a magician, it’s about controlling attention. Was this deliberate for Rossi or instinctive? Does Rossi really understand what happened? I really have no opinion, from the written documents. That’s one reason I’d like to see him in person, but I wouldn’t be sure even from that. After all, there are people I know to be smart and perceptive, who were apparently fooled by Rossi in person.

          We can all be fooled. A friend gave me a copy of Surely You are Joking, Mr. Feynman, so I’m reading it. I heard some of the stories from Feynman in person, but that was over fifty years ago. Reading it now, I realize what an inspiration Feynman was for me. How I think largely came from him. Or, more accurately, was aligned with him. I also understand it in ways that he might not have reached. Or maybe he did. Humanity is waking up.

          1. I’d agree with Abd here. We know Rossi can be very convincing. Arguments like they must have realised are dangerous because we always underestimate the weight of hindsight. We also forget that anyone working with Rossi will have been selected for their malleability in this way – somone of more independent mindset would come to a disagreement with Rossi quickly, and got shoved out of the door long ago.

            Having said that, we cannot tell, especially with the seemingly overpaid, and highly connected, Fabiani.

            One extra matter: Rossi might well be providing promises of furture gainful employment at these juicy rates after a successful outcome of the action. Money does speak, and it can be particularly hard for people to accept a cut in income. I’m not saying this is known – maybe Fabiani could walk into a similarly paid job elsewhere. But maybe not.

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