Misc and Flabber gas – May 2017

I’ve been watching Judge Judy videos and then I see much, every day, that is, as it were, screaming for comment, examples of how people behave on Planet Stupid. It’s amazing to watch Judge Judy in action — and the other “court shows,” they are pretty much the same. The plaintiff or defendant are stupid, sometimes both of them. “Stupid” means that they don’t see, or refuse to see, what is in front of them, but only stand for what they ‘believe,” usually a variety of “I’m right” and/or “they are wrong.” On Hot Bench, they face a panel of judges, all experienced lawyers at a minimum, with real courtroom experience. From behavior and comments after the show, the parties have learned nothing. And that is often what the Judge is telling them. (“Shut up and put on your listening ears,” Judge Judy says to a plaintiff who is interrupting, insistently, obviously obsessed, obviously not listening.)

Once in a while a losing party will say that they learned something. It’s relatively rare! That happens even if the legal and social issues are open and shut. “I’m right” is the foundational belief for many people, for sure! It’s axiomatic Truth.

Some people would rather die than be wrong. Or even merely to listen to the opinions of others about it, without interrupting. Basic skills.

Index to sections of this post
JONP old crap and where it leads
Long and useless on LENR Forum
Clueless rolls on floor laughing
But What If? RossiSays…
Surprise! Pot Calls Kettle Black!
And now for something completely different

Continue reading “Misc and Flabber gas – May 2017”

Takes a licking and keeps on ticking

Just like a Rossi demo! (Those were the days! Live TV!)

The occasion for this brilliant wit, a masterpiece, if I say so myself, and I do, is ele’s continued citation of the Cherokee legal stuff, even though it is completely irrelevant to the topic, Cherokee is an LLC that makes risky investments, and a few fail, and the accounting is complex, and with that, an SEC settlement of $100,000 for an accounting error, with no finding of intention to defraud anyone, is SOP, and equivalent to me being fined $0.05. Yet to ele, this is “very interesting.”

I covered this first on Ele mental my dear, posted 5/18/2017 at 5:10 PM. So today I see another post from ele on the same topic. 5/18/2017 12:41 PM. Continue reading “Takes a licking and keeps on ticking”

Ele mental my dear

Well, I’ve been reviewing Planet Rossi tropes, minding my own business in my “little blog,” — actually it’s a community blog, we get there one step at a time — and apparently I attracted the attention of ele, possible Rossi sock or likely Rossi insider (taking the place of randombit0), on LENR forum. It’s not quite the honor of being noticed on Rossi’s own blog, JONP, but there he did not use my name. Here he did. a poco a poco andiamo lontano.

Summary: to avoid facing his own lies, ele asserts that Cherokee is Bad, but, of course, attributes this opinion to a probably anonymous (fake name) poster on his blog, er, Rossi’s blog, which he just happened to notice. Purely coincidental, mind you. My ass. Continue reading “Ele mental my dear”

The macaw is the official bird of Planet Rossi

I found the raw bird image first at Pet Yak.com. With apologies to Randi Jones. The modified image with Dottore Rossi peeking around the corner, and the bird-speech, was created by “Renzee,” according to Dewey Weaver, the infamous IH Fanatic. Rends? No, Stephenrenzz, May 17. 2016.

Endless eye candy, what a find! The mostly red birds appear to be red and green macaws. The bird in the middle is a Zen parrot, also known as a Hyacinth macaw.

The macaw is now the official bird of Planet Rossi. Be proud! The two species shown are endangered, as is Dottore Rossi.

Let’s not forget H. Ross Parrot, complete with American flag. And then there is the “ex-parrot scam.”

As well, any resemblance between Planet Rossi and the dead parrot sketch is purely coincidental. Purely. No resemblance, no.  Move along now, continue reading below. Continue reading “The macaw is the official bird of Planet Rossi”

Lies and the Lying Liars Who Tell Them

ele wrote:

… Some facts to remember: Rossi was innocent. He has been cleared by all charges.

Petroldragon failed and was closed because he was unjustly jailed for about four years . Rossi was redounded by Italy.

Rossienglish. “Redounded” — to contribute greatly to, a person’s credit or honor. I’ve never seen the word used this way, though. “Innocent” is not a fact, it is a judgment. Nor is “cleared of all charges” a fact, it appears to be false. However, on Planet Rossi words take on special meanings that make RossiSays sort-of-true, if you squint and look sideways.

Perhaps doing the time for the crime clears the charges….

sigmoidal wrote:

Some commenters here claim that Dott. Rossi was fully acquitted and exhonerated [sic] of all charges related to PetrolDragon, despite being convicted in Italian court and serving jail time there.

I have never seen any evidence to support the notion that Dott. Rossi was ‘cleared’ of all charges, and it contradicts Mats Lewan’s account.

ele wrote:

sigmoidal wrote: [Some commenters here claim…]

In fact that is fully true. He was cleared and refunded .

sigmoidal wrote: [I have never seen any evidence … ]

Just ask the Italian Lawyer (another day another troll…. probably) to ask all the documents of the trials from Rossi’s lawyers .

So, great, want evidence? Ask an anonymous troll (if that’s what he is).

The Version of Rossi can be found here: http://ingandrearossi.net/

So the evidence supplied is RossiSays. However, even then, it doesn’t support what ele claimed, and, like Mats Lewan, actually contradicts it. From this page:

Of the 56 prosecutions, all those which led to his incarceration ended with sentences of acquittal. Only 5 indictments (for income tax evasion, as a consequence of the bankruptcy brought about by the closure of Omar and Petroldragon) ended with convictions, which were used to justify the lengthy period of preventive imprisonment linked to the accusations that had led to his arrests. All other judicial processes ended in acquittals.

Knowing how Rossi uses English in imprecise ways, and also because I remember something a little different, I checked Lewan (An Impossible Invention, pp. 62-63).

The details of the sentences against Rossi are difficult to verify, but my information is that he was sentenced to four years in prison, mostly for accounting fraud in connection with bankruptcies. He was also sentenced three times for environmental crimes….

In contrast, Rossi was never convicted of fraud. According to his lawyer, Andrea Ambiveri, four processes concerning criminal fraud were initiated but they all ended up being acquitted or that charges were dropped.

Of the 56 processes, five led to a conviction, according to Rossi, while in the other 51, he was finally acquitted or the case was time-barred. Time already served was deducted from the prison sentence. 

Someone is not “cleared of charges,” in the meaning of being found “innocent,” with reputation restored, if a case is dismissed because of a statute of limitations, one is “cleared” only in the sense of criminal prosecution and conviction becoming impossible. On appeal of certain cases, Rossi did win acquittal and reversal of fines, which may be what is talked about by “refunded,” but he did, in fact, spend time in jail for “accounting fraud,” which in a bankruptcy can be serious.

Rossi’s story is that all this was massively unfair, and perhaps it was, but Rossi also set himself up for this by how he conducted his business, rejecting the corporate support that could have allowed him to overcome hostile forces.

Steve Krivit has compiled references from Italian newspaper articles. I do not consider Krivit a reliable source, but there are many hints in the newspaper article titles or brief summaries that remind me of events and incidents coming out in Rossi v. Darden. Rossi plays business fast and loose.

ele wrote:

Eric Walker wrote:

I would not be surprised at all if the QuarkX technology, if it turns out to be a thing, is considered sufficiently derivative to be included. In that case if IH hold onto their license of Rossi’s IP, the QuarkX IP would presumably be theirs to make use of as well.

Probably yes.

But IH never prepared any Industrial Plan to exploit the technology.

Don’t you have to really exploit [and] industrially develop a technology to maintain the IP ?

In many agreements that is true.

IH did have a plan, perhaps ele should read those Ampenergo notes. Essentially, the plan was to confirm the technology transfer, showing that there was something practical, independent of Rossi’s presence, and then engage the big guys, the companies with billions to invest, in commercial roll-out. Because of Rossi’s inability or unwillingness to cooperate in creating that independent replication, of course, they never went further. But they did make devices per Rossi’s instructions, with some apparent success, and then found that, when tested more thoroughly than Rossi ever allowed, they didn’t work. Among Rossi’s inventions were test protocols and procedures that didn’t work.

Ele might claim that IH is lying, that is about the only refuge left. As pointed out by another on LF, faced with a choice to decide who is lying, someone who is shown beyond any reasonable doubt to have been lying, strongly and clearly, on many occasions, and someone where the only accusations of deliberate falsehood are vague and unclear, and where there are many examples of fulfilling on agreements (such as IH ending up paying Penon in spite of high doubt as to the probity of his report), a jury will almost certainly conclude that the habits continued in each case.

As to ele, above he lied about Rossi’s Italian history.

Lies and the Lying Liars Who Tell Them


Amped up on Ampenergo

This post has anchors on pages of the written memoranda by Cassarino. The form of the anchor is “p[n]”, i.e. [post URL]#p1 refers to page 1.

Ampenergo is often neglected in recent Planet Rossi ideation. Ampenergo was the original U.S. Licensee for Rossi technology; these people had worked with Rossi before, and I have recent information that they still “like” Rossi. After all, they invested in him, that investment was respected, and they may even have made a profit, because of IH payments to them pursuant to the License Agreement and side-agreements.

They are also investors in Industrial Heat, holding shares issued in lieu of cash payments (but they were also paid mostly in cash). All IH share holdings were converted to equity in IHHI (or repurchased). Continue reading “Amped up on Ampenergo”

Misc Mash

Pacermonitor.com appears to be dysfunctional. While the Rossi v. Darden docket page claims to have been updated, it hasn’t. It ends at this point with DE 281 (May 3), while Eric Walker and I have documents up to 289 (May 6). Pacermonitor ordinarily updates at midnight, but it looks like their PACER login might be failing, and their automated access may treat a login failure as if there were no new documents.

(I contacted pacermonitor and they fixed the problem. At least for now!)

LENR-Forum.com is being spammed with a new troll: Ahlfors. “Female, Member since May 6th 2017”

Googling Ahlfors comes up with many references to Lars Ahlfors. There are other Ahlfors, but none appeared, as far as I looked, to be interested in LENR or Rossi, The probability that Ahlfors is female is very low — though not zero.

The posts are in Rossi v. Darden Developments, but are mostly off-topic there, having the most peripheral significance possible without being entirely irrelevant. One post led me to notice a filing in the supplement to the joint stipulation, a piece of evidence that Rossi has listed. That is itself entirely off-topic for the lawsuit, it would be like a criminal case that notes the alleged offender was once cited for jaywalking. Obviously, if someone could jaywalk, he could rob a bank. I’ll cover this elsewhere.

The posts are typically images, very little text if any. The images are copies of documents with supposed Great Significance, I’d guess. All posts but appear to have been made within a three-hour period. In time order, latest first, as of this writing:

 Document about a calorimetric device. Being used for Quark-X? No clue, but that’s what I’d guess. It uses thermocouples.

Photos allegedly JT Vaughn in Zürich. JT Vaughn went to Zurich. Big whoop?

Replied to the thread Rossi vs. Darden developments – Part 2.

Intern 2

Position notice for ‘startup technology company,” Chemistry lab manager. Involves hydrogen storage materials. However, the listing then is about a “Graduate Research Assistant,” Solid State Materials, North Carolina State University, Professor Paul Maggard’s lab. This is the lab. Connection with Rossi v. Darden practically invisible. However, the lab is in Raleigh, at North Carolina State University there. Maggard has published in the field of solar electric energy conversion, which would then make connections with the people behind Industrial Heat quite plausible. However, I found no evidence so far. People who spend more time and are more diligent may find something.

This appears to be a LinkedIn page for someone working at HMRI, since August 2016. This led me to the profile for Nicholas A. Renck, who worked at HMRI R&D, Inc., from December, 2015, to June, 2016.

Responsible for investigation of chemistry related aspects in development of a proprietary energy source as well as the preparation of a chemistry lab and related processes at a small start-up.

Successfully calibrated the spectral profiles of metals of interest for a SEM/EDS system without training from Brüker.

The imaged information is from this page: Josh Dickerson. The only information of interest (for any possible relationship to RvD) is the name of the employer: HMRI, Inc. The work was “characterization of materials.”

From these sources, HMRI, Inc. is involved with a “proprietary energy source.” That’s about it.

V = 2,33kV
P = 244,9W
I = 0,105A
d = 0,015m
λ = 0,53nm


 The arXiv paper is the paper by Carl-Oscar Gullström and Andrea Rossi. The significance to Rossi v. Darden is? It is common on Planet Rossi to think that anything that might be successful by Rossi would be killer evidence in the trial, which is a gross delusion. Not that Quark-X is successful. We have no reliable information about it.
Jack Finney / Don Siegel
The image was here, for the thread Symposium Francophone RNBE-2016
The significance of “Jack Finney / Don Siegel” is obscure. Unless this is about body snatchers and nuclear war.
Three documents are shown:
a listing of the noncompetition agreement between IH and Murray (taken from joint stipulation supplement Rossi exhibits line 191) (I have not yet cross referenced these, I do not know if we have a copy of that document).
a list of LLCs that Joseph A. Murray is registered agent for. Ahlfors missed one.
A microgrid patent. Darden has been known to have an interest in microgrids. The filing is shown here. 
This is all meaningless with respect to Rossi v. Darden. People in business do business. People who live in basements or under bridges think this is sinister.
Two images: a well-known image of an early Rossi reactor, apparently in his dining room, and an image of the JMP black box
There is a mental state or syndrome where the mind makes connections where normal people would see nothing related. Such people often think that if they simply show the “evidences,” others will immediately recognize the connections — or they are blind, or, worse, hostile conspirators.


Sapphire crucibles for work at the temperatures up to 2000°C, chemically resistant. Presumably could be used for Quark-X. 


Another Linked-In profile image with no member information. I could not find the original profile. If this is a real profile, job with HMRI R&D in Cary, NC, terminated because “proprietary process being moved overseas.”
This may be inconsistent with other profiles already seen. People sometimes make false statements (knowingly or unknowingly) in LinkedIn profiles. Profiles may easily be out-of-date, as well.


 This is the official U.K. corporate information, for IHHI, the parent company of Industrial Heat. This is very well-known. The point is?
Two images: line 111 of the Rossi exhibits in the joint pretrial stipulation, referring to an SEC document, a little of which is shown in the next image. This is quite old news, it was discussed extensively last year. It’s meaningless. A $2.2 billion, very active, corporation, when regulations change, can make mistakes. Cherokee made an accounting error. The SEC dinged them. Cherokee made a settlement offer, which the SEC accepted, November 15, 2015. Should klaxons be sounding? As agreed, they paid a civil penalty of $100,000. That is about 0.0005% of the assets under management. That would be like me paying a nickel.
This has absolutely nothing to do with Rossi v. Darden. Apparently, though, Rossi asked Dewey Weaver a question about it, this being listed in the joint stipulation as Exhibit 8 in the Weaver deposition. That page is not included in the Rossi submission of this deposition. If this has any meaning, it is certainly obscure.
This is three images. The first is the known photo of Rossi with a wig in front of a whiteboard. The second is what could be a blurry photo of Rossi’s sleeve and a bottle of water. The third is a clear photo of the same brand of bottled water, Zephyrhills.
The point is obvious: Rossi drinks water, proving he is not a demon.
Of course, we don’t actually see him drinking. Inquiring minds want to know.

This is a Google cache of a staff page for Fabio Fabiani at Upsalla University. Fabiani is called a “researcher,” and this is in the Department of Chemistry. There is no evidence that this is the same Fabio Fabiani as was Rossi’s helper, though it would be somewhat remarkable as a coincidence if he is not. Rossi has friends at Upsalla. 

The Google cache comments are in Italian, and the page was captured 20 March, 2017. The cache copy calls him a “visiting researcher.” 

This has nothing to do with Rossi v. Darden Developments.

This user is wasting the time of many readers. There was a complaint.


Personally, I’d like to see you make some coherent points or arguments rather than just spamming the forum with disconnected screenshots and pictures.


I notice the people who upvote things like this….

IH Fanboy wrote:

Looks like Ahlfors has been digging. You might recall that AlainCo discovered that JT Vaughn might be behind HRMI R&D, Inc.

Antonio LaGatta and John T Vaughn have incorporated HMRI R&D Inc in North Carolina

This is where I came in. Looking at this thread brought it all back. The breathless gossip, basically rumor. Dead sources. But, wait, Vessela Nikolova! never mind!

It was there that David Nygren valued IHHI at over $1 billion, by multiplying 23 million shares by $45. Nobody corrected Nygren’s error until I posted about three months later. The ordinary stock is penny stock, worth $0.01 per share par value. $45 was the approximate price per share of preferred stock, issued to the two Woodford trusts. The total value of that preferred stock was $50 million, quite precisely.

Since I started writing this, there are a few more posts:

Ahlfors wrote:

[two images: line 210 of the Rossi evidences re “Proprietary Information Agreement – PIA No. 2011-2011 between The Boeing Company and Leonardo Corporation”, dated 4/13/2011 (before the IH/Rossi agreement, but this has IH Bates document numbers? Perhaps Boeing gave these documents to IH?), and then an excerpt of a handwritten note provided by Ampenergo, saying “Device sent to Boeing, Rossi does not know.” Which we already knew. Rossi was upset about this, as I recall, expressing it on JONP. How could anyone possibly test the device without authentic Rossi Grease?

(Well, if the IP has been transferred, they could! If not, then, of course, failure would be expected. The magic incantations would be missing.)

Ahlfors wrote:

Friends and IP protection …

Quote: “AR is a convicted fraudster”

At least now Ahlfors gives URLs as sources, not just screenshots. Andrea Rossi was convicted, and served time in prison; what later happened is unclear to me and I’ve never seen a thorough examination of it. Mats Lewan is unclear, etc. This thread is supposedly about Rossi v. Darden developments, but Darden doesn’t make that “convicted fraudster” claim and it is irrelevant. What is this stuff doing here?

snap4: https://dash.harvard.edu/bitst…9480/Pinho.pdf?sequence=1

60 page paper about RU-486. No page number or clue of relevance. The image, however, shows a page, but the page number is obscured. So, searching for a name visible in the image, I find that it is page 37. Unfortunately, I cannot directly link to that because of how this paper is hosted, and it’s not worth uploading the whole thing here.

This is about Joseph Pike. See our page examining this and connecting it with present concerns.

snap 5: https://beta.companieshouse.go…ent?format=pdf&download=0

68 page Articles of Association of IHHI. No page number or clue of relevance. However, the image shows a list of investors, and JPIH Holdings LLC is an investor in IHHI.

snap6: http://search.sunbiz.org/Inqui…cumentNumber=M14000008590

And this shows the Florida registration of JPIH Holdings LLC as a foreign corporation, from Delaware. The Delaware incorporation was in May, 2013, about the time IH was raising their initial cash, that allowed them to make the $10 million payment, and to begin working seriously with LENR.

The purpose here is to smear Pike and thus IH, by claiming that if Rossi might have been a criminal, so was Pike. But Pike’s offense was thirty years ago, was relatively minor, apparently, and he is not a principal in IH, not an officer, and, for the most part, an investor. His involvement with the RU-486 affair was shady, but it appears to have been fully resolved, nobody was left screaming “Fraud!”

Ahlfors’ agenda is now clear. Slimy.


Ahlfors left in a huff after Allan pointed out he’d been warned and one post was deleted. (As is SOP with him, — and some other newcomers — he doesn’t link to what he is responding to.) Then, encouraged by some support, he put up a new mish-mosh:

Ahlfors wrote:


Link to profile but not the post. It was probably this. The lack of understanding or caring about general intelligibility is quite noticeable here.

Complex systems must be shattered a bit to collect REAL data on corresponding phase spaces.

This is extremely unlikely to be Andrea Rossi. It is quite possible someone has recognized Ahlfors. So then he puts up three images, again with no sources. Hmmphh. I wrote one of them, and there is no credit. Maybe I should create a license page. It’s rude to quote people without credit. It also can be a violation of copyright law, that depends on details.

The first is from Dewey Weaver. There are links in it, but as an image, they cannot be followed, and certainly the sources can be found, but it’s tedious. Given that he could have added links in a few seconds, again, this shows his lack of care for other people, characteristic of the probably-involved developmental disorder. He is not stupid and could learn if he recognized what is missing.

The source is the member activity display for Dewey, but that may change. So the original posts are at here (May 9, 2017), and here (March 27, 2017). Ahlfors habit of posting edited screenshots conceals context, and this then makes it easier to promote some interpretation of the “data.” It’s data, all right, but cherry-picked and filtered for some appearance or other.

The second image is some text that might be an LF private message, but it could also be from many other sources. It says “8 hours ago,” then the message is:

Hej Ahlfors. Jag undrar om du skulle vilja ta kontakt direkt med mig på [blacked out].

This, then, appears to be a message to Ahlfors — at the LF account — from someone who speaks Swedish, likely, and expects if from him, maybe. It gives no clue as to Ahlfors actual identity or nationalilty or language. There is another indication, from a Google cache display, that his preferred language is Italian. Of course, perhaps Ahlfors got that image from someone like that. None of this, in isolation, is strong evidence.

And then there is a shot from here. This page, in fact, above, near the top.

LENR-Forum.com is being spammed with a new troll: Ahlfors. “Female, Member since May 6th 2017”

Googling Ahlfors comes up with many references to Lars Ahlfors. There are other Ahlfors, but none appeared, as far as I looked, to be interested in LENR or Rossi, The probability that Ahlfors is female is very low — though not zero.

The posts are in Rossi v. Darden Developments, but are mostly off-topic there, having the most peripheral significance possible without being entirely irrelevant. One post led me to notice a filing in the supplement to the joint stipulation, a piece of evidence that Rossi has listed. That is itself entirely off-topic for the lawsuit, it would be like a criminal case that notes the alleged offender was once cited for jaywalking. Obviously, if someone could jaywalk, he could rob a bank. I’ll cover this elsewhere.

What is the connection between the three images? What is the point, or is this pointless? My guess. Dewey claims Ahlfors is ele. That is a kind of critique. Ahlfors quotes someone addressing him, though this could merely be a copy of an LF PM, which would, of course, use his LF username. He might imagine that this somehow establishes his independence from ele, maybe that it’s in Swedish is imagined to amplify that. And then I have noticed Ahfors (actually, from timing, before Dewey posted that comment, his first in a long time). Aha!

Isn’t it obvious?!?!

This is how Sifferkoll thought and worked. Whatever connection could be found was taken as proof of … of … what? Large companies sometimes hire the largest law firm in the U.S. Therefore they are all controlled by a single interest! (If Cherokee were not a defendant, would IH have hired Jones Day? Maybe. They have those habits.)

Meanwhile, the flood of flabber continues. In this case, it might seem to be from the “other side.” or from the side of Haven’t a Clue. From my point of view, there are no sides and one can be terminally obtuse in favor of any position.

joshg wrote:

Eric Walker wrote:

I don’t think there’s enough information to be forced into a negative interpretation yet. One possibility: Perlman Bajandas are just cleaning up loose ends after Annesser left, and “withdrawal can be accomplished without material adverse effect on the interests of the client”.

Well somebody at LENR-forum apparently doesn’t agree with you. Here is the (spam) e-mail I received:

Hello {username},

today new court documents were released, where especially document 292 “Motion to withdraw” seems to indicate significant negative developments in Rossi’s camp.

In document 292 most of Rossi’s lawyers ask the court for permission to “withdraw from this case and from further representation of Plaintiffs, Andrea Rossi”.

I got the same email. Including “{username}”. There was a little more:

For more information see the forum discussion thread:

Rossi vs. Darden developments

Your LENR Forum Team

joshg goes on:

Spamming a premature, tendentious, and likely inaccurate interpretation of this Motion just confirms that LENR-forum is biased against Rossi in favor of IH. There have been plenty of motions that could be viewed as a setback for IH, yet I was never spammed about that.

And yes, it is spam, since LENR-forum does not provide users with a way to opt-out of receiving such unsolicited notifications.

LENR-Forum is run by amateurs without wide experience in such activity. I think of the interpretation as merely clueless. LF process is quite unclear. My suspicion is that while this is signed “Your LENR Forum Team,” it is really a message from a single moderator or administrator, struck by his own imagination that the Motion to Withdraw is some sort of major “sign.”

First of all, this was obviously happening. The first sign I saw was Bernstein appearing with Annesser at a hearing, April 21. I wrote about it here. Bernstein was an associate at Silver Law Group. Annesser had moved to PBY&A, Rossi gained all those attorneys (August 16, 2016), and then Annesser, for Rossi, requested Silver Law Group be relieved (September 21). I think Ms. Silver died in October.

April 27, Annesser and Chaiken issue a notice of new address. They have clearly formed a new firm, Annesser and Chaiken. There was no mention of PBY&A in that notice, and that firm’s lawyers were not on the service list.

May 9, Bernstein appeared for Rossi, and later that day, Turner and Evans, of PBY&A, requested to be relieved. There are Forum moderators who are legally naive, and who interpreted the motion to allow withdrawal as having some accusatory edge. That is extremely unlikely. The move itself may raise eyebrows, but attorneys would never accuse former associated attorneys of misbehavior during an action, absent extremely unusual situations. I think the mod was confused by this:

2. Pursuant to Rule 4-1.16(b), Florida Rules of Professional Conduct, grounds exist for this Court to allow Undersigned Counsel’s withdraw from representing Plaintiffs.

“Grounds exist.” So a reader goes to Rule 4-1.16(b) and finds this:

(b) When Withdrawal Is Allowed.

Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:

(1) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;

(2) the client has used the lawyer’s services to perpetrate a crime or fraud;

(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.

To understand this, one must notice that the list of causes comes after a general permission to withdraw if it “can be accomplished without material adverse effect on the interests of the client, or if:” — and then the list follows. The additional causes as listed would never be announced like this, because it could harm the client. If it were necessary to assert them, this would be done privately with the Judge.

Rather, Turner and Evans then give cause:

3. Lead counsel for the Plaintiffs have resigned from the office for Undersigned Counsel and Plaintiffs have moved with them.
4. Plaintiffs’ counsel is John Annesser, Esq., Annesser & Chaiken, PLLC, located at 2525 Ponce De Leon Blvd., Suite 625, Coral Gables, Florida 33134.

§ 3 gives cause (which might satisfy Rule 4-1.16(a), that they must withdraw if discharged). § 4 assures the Court that Rossi will continue to have representation.

While this is food for flabber, DE 292 was one of the least significant documents to come out recently.

What this reveals is that LF allows moderators to email all members. I’m a bit uncomfortable calling this spam, but this is one example of unprofessional conduct — not surprising for a group of amateurs. Moderators are not given special privileges to give them special access to eyeballs, except with the performance of duties. The importance of this document was a moderator opinion, and it was offensive to joshg, never mind that he lives mostly on Planet Rossi. There are other examples. On the home page for the Forum, we have a banner:

LENR Forum
The Independent Low Energy Nuclear Reaction Community

Is LENR forum a community project? It displays advertising. Who decides to do that? There is a LENR community, but the vast majority of those involved with LENR do not read or participate in LENR Forum. The Forum users are a kind of community, but the Staff may include or exclude people without showing any cause, and Staff discussions are private, not disclosed, though occasionally they are mentioned.

And then at the bottom of the screen, there is a pair of buttons. [What is LENR?] and [Forum]. The “What is LENR” button goes to an article. When Barty upgraded the site in January, my guess is he decided the site needed an introductory article, so he wrote it, and featured it. Without going into details, it is a poor article, he simply isn’t well grounded in the relevant subjects. I suspect that Barty is also the one who can “spam” the members. But it might be any admin or any moderator.

That “spam” wasn’t signed, but was represented as coming from all staff.

Moderation decisions on LF are ad hoc. It is not clear that there are any restraining rules. There do not appear to be logs showing deletions or other moderator actions. (That’s also a problem with WordPress). If it’s like WordPress, there are deletions that merely hide, and there are deletions that erase the material so it is not recoverable unless there is some off-site backup. (Actually, I just checked. I could install WP Security Audit Log. What this would do is to allow monitoring administrative activity. The WMF wikis would be practically impossible without that.


All but the latest of Ahlfors’ posts have been deleted on LF. See his profile. It shows 12 posts, but only 3 remain. He has 15 likes, but only 5 show.

One user suggested an Ahlfors thread, so he could continue to compile his “evidence.” (evidence of what? Stuff happens?). Ahlfors is clearly supporting Planet Rossi, perhaps trolling (I called him a troll above, and a troll may want to create exactly what LF admin then cooperated with), but channeling this so that it does not derail more constructive conversations would be what skilled moderation would do. Skilled moderation was offered to LF, it was rejected (with no reasons given, a blank wall was presented, with the suggesting staff member somewhat in despair). It only takes one skilled moderator and some sane discussion process to infect the whole staff with sanity. And that is exactly why someone might want to stop it. The fact that a moderator who abused the privilege could be immediately suspended by any admin with rights assignment privileges is ignored. People will protest!

Yes, they will. And if everything runs on preventing squeaky wheels, the best way to prevent them is to stop moving.

Ahlfors is not banned, but deleting the content of an author is stronger — more offensive — than a ban. Moving it to the Playground, say, was the older, less dysfunctional response. There is no supervisory process visible for LF. I suspect the “rule” that (Alan?) had in mind was flooding, but response to that should be totally predictable and should cause no harm. Alan, however, follows the Absolute Truth principle. If Alan thinks it, it is Absolute Truth and everything else is stupid or vicious. Full stop.

Wytte? Not.

On LENR Forum, Wyttenbach demonstrates his clarity of memory and thought. Not.

(Update: Wyttenbach was banned for two days because of this.)

(Update again: Wyttenbach unbanned, based on allegedly poor English comprehension. This is a reason for lifting a relatively harmless two-day ban? If poor comprehension leads to offensive behavior, why is this then a reason to avoid a minor slap on the wrist, of no long-term consequence, when the behavior involved actually goes back a year or so.)

Continue reading “Wytte? Not.”

Planet Rossi Flabbergas

When I can’t make up new words any more, shovel dirt in my face. This one is easy, though, a rather obvious back-formation.

The occasion is the reaction on LENR Forum to new filings related to the Motions in Limine. For those who need a program, these are motions seeking to exclude evidence as improper,perhaps likely to emotionally (and irrelevantly or deceptively) bias a jury, or as spoliated, i.e., damaged through deliberate action or carelessness when care was due.

I’ll start with a post just before the docs hit the fan, IH Fanboy wrote:

Yeah, I agree that JMP/Rossi are for most purposes (although not technically) one and the same.

What is interesting to me is sig mentioned a lease agreement, and that he had seen it. That is new information, at least to me. And how did he gain access to it? Inquiring minds want to know, and all that.

IHFB is more or less unique on Planet Rossi in that he does acknowledge the “customer fraud.” In a new document that IHFB has not seen yet, evidence is emphasized that countersinks the screws. (None of it is particularly new, we just see a little more of the JM/JMC/JMP negotiation) that makes the “Johnson Matthey” fraud totally clear, and Rossi’s later claims about it as probable perjury. IH does not here assert all the evidence that has been shown. For example, Bass saying to Rossi that he’s not clear how to answer questions about Johnson Matthey. Where did he get the idea that Johnson Matthey was involved? He clearly has the idea that the Doral operation is a Johnson Matthey operation.

However, I don’t think IHFB is familiar with the case documents. Frankly, that’s quite understandable. I’m spending many hours a week sorting and organizing document access, and I don’t consider myself thoroughly familiar, merely more than the average bear. Continue reading “Planet Rossi Flabbergas”

Fun with Phase, and Going With the Flow

There are flurries of posts on LENR Forum about a potential error in measuring 3-phase power, and this post caught my attention:

ele wrote:

LDM wrote:

Reversing a clamp, for example on I1 inverts the polarity of I1

This is usual absurdity that have been heard many times.

AC current have no defined polarity ( is in AC !) so if you reverse a clamp the instrument will detect a 180 phase shift of the current but the power calculation will remain the same !

All your formulas are wrong.

Start reading e.g. http://www.engineeringtoolbox.…ase-electrical-d_888.html

This is one more piece of circumstantial evidence that ele is Rossi. Continue reading “Fun with Phase, and Going With the Flow”

Independent testing <> IH must pay

On LENR Forum, Jed Rothwell wrote:

Wyttenbach wrote:

@AN: You just forget, that all useful reactors were built by IH…

Rossi claimed that he built some. He claimed they worked. I.H. tested the ones he made and the ones they made. None of them worked. But, anyway, if Rossi has one that works, he can have it tested independently. If it works, I.H. will pay up. Or, if they don’t pay up, he can easily win the lawsuit by citing the independent replication. Either way it is in his interests to have the claim confirmed independently.

As is common, Wyttenbach “reminds” us of useless and possibly misleading information. I have myself stated that IH made the reactors used at Doral, but I do not recall where that information came from, it may simply be something based on RossiSays that got picked up and treated as true. There were large reactor assemblies that might be “Big Frankies” that were transported from Italy to North Carolina. Perhaps someone will point to, like, actual evidence?

However, what Jed wrote simply is not so. Evidence of independent testing, if it existed, would still be irrelevant to Rossi’s basic $89 million claim against IH. That is based on nonpayment claimed to be a breach of contract, and to that claim requires that the contract require the payment, whereas there is ample evidence that the opportunity for a GPT was missed, through deliberate refusal to approve of the Second Amendment, on the part of Ampenergo (as well as other problems). That some Rossi device, somewhere else, “worked,” perhaps, even, a truly reliable test, simply doesn’t trigger that payment unless the Agreement conditions were met, and they clearly were not.

What is being confused here is an IH statement of intention to pay if Rossi satisfies them — voluntarily –, with an idea that they must pay.

In the counterclaim, which is distinct and different, whether or not Rossi devices work could be relevant, and evidence of independent testing could be introduced, in defense of Rossi. The original Rossi claim, though, is dead in the water — and, my opinion, very likely to be thoroughly burnt toast shortly, the evidence and facts sufficient to dismiss it being clear, and not at all vague or requiring jury assessment.

What remains and what may possibly require jury review are the counterclaims, against Rossi, and including the claims against Johnson, Bass, and Fabiani. Maybe. I have not completed my review of the MSJs.

However, it does appear that some Rossi claims, signed under penalty of perjury, have been egregiously false; so a risk for him has arisen of criminal prosecution. The “Johnson Matthey” issue is the clearest. He led IH to believe that JM was the real customer behind JMC/JMP, there can be no reasonable doubt of this from Rossi’s emails, plus, of course, there is the testimony of Darden and Vaughn, plus the emails of Johnson and Bass, and then he set up conditions to discourage IH from checking through direct communication with JM. All this makes no sense unless Rossi originally brought up JM — and wanted IH to continue their (mis)understanding.

Meanwhile, Annesser and Chaiken apparently left PBY&A and have set up their own firm, Annesser and Chaiken, PLLC. The email address provided is on a new domain, registered April 17, 2017. It’s parked at godaddy. Annesser and Chaiken are no longer listed on the PBY&A professionals page, as they were on the latest Internet Archive page showing them.

I had noticed an oddity: in the Discover hearing April 20, there was an appearance by Robert Bernstein, who is shown as a Silver Law Group attorney, and who is not listed as counsel for Rossi. Ruth Silver, the principal at SLG, has withdrawn from the case, so what was Bernstein doing there? I suspected Annesser needed some help, asked Bernstein to appear, but without Bernstein making a formal appearance in the case, as counsel for a party, (which I haven’t seen), I’m not at all sure about how that works. (Annesser is still listed as part of the SLG team. But his Linked-in profile shows this association as having ended in 2016. — and it still shows him at PBY&A. The SLG web site is obsolete.)

Actually, I just looked at Bernstein’s Linked-in page. He has been quicker to update. He is now listing himself as an associate attorney with Annesser and Chaiken PLLC. That is why he appeared at that hearing (which was after ACLaw was created as an email domain.)

So Rossi’s lawsuit has taken half the attorneys away from Silver Law Group (the least experienced ones, to be sure). Aw, Ruth, if you read this, to steal a phrase from Lenny Bruce, you betta off. 

Some more comments on LF discussion:

IH Fanboy (with his misleading and perhaps trolling username) repeats himself, over and over, on certain points. Generally, he does not actually cite evidence, but sometimes we can recognize the source. It’s typically misleading.

IH Fanboy wrote:

Nigel Appleton wrote:

Assuming this fascinating business comes to trial, I do hope that counsel for IH ensure that the idea that Rossi could could at any time have openly demonstrated a working eCat . . .

I’m going to break the rest of the IHFB comment into numbered sections.

[1] He did.

Not. NA means a an independently verifiable test, not merely some “demonstration” with Rossi in full control. Planet Rossi generally justifies Rossi secrecy based on his need to protect his IP from being stolen, but it is quite possible to do a black box test. It does require certain additional precautions, that’s all. (Such as running for substantially longer to rule out energy storage.)

[2.] Not only that, IH (i.e., specifically Dameron) built reactors themselves.

They did. They claim that they didn’t “work.” This must be understood, see below.

[3.] Darden (yes, the VC guy) apparently fueled them himself.

He did, and that makes complete sense.

[4.] They produced COPs upwards of 9.

Here IHFB simply assumes that Darden et al are lying. He has lost track of something — or willfully ignores it. Reactors do not “produce” COPs. COP is the result of a measurement analysis, and sane measurement includes the use of controls, etc. It is quite easy to calculate COPs that are wildly off, if measurements or analyses of them are in error. IH did “reproduce” Rossi claims, but then identified artifact; that is far more convincing as a negative replication than merely obtaining different results. It appears that when they used Rossi measurement protocols, they also got these elevated COPs.

Or Darden et al are lying, under oath. There isn’t much more room for middle ground here.

[5.] Dameron was still running them as late as January 2016 in the same building where Murray was just getting set up with his modified version of the reactor.

This is irrelevant. It is not clear what IHFB’s point is. I would expect IH to continue to test well beyond the ordinary “give-up” point. The essential point for IH is that what Rossi taught them to do doesn’t work. Whether the set of reactors under test in Doral “worked” or not is actually irrelevant to the suit: Rossi did not successfully transfer working IP with commercial value. Perhaps he waved his magic wand in Doral, applied liberal amounts of Rossi Grease. It doesn’t matter. The set-up to consider that a “GPT” was radically defective, on many grounds.

[6.] That is, until IH boxed everything up and closed shop, according to Murray, in response to the filing of the lawsuit.

Did Murray say “in response to the filing …”? This probably is based on something from the Murray deposition. You can find it on this page, which lists all deposition exhibits. As it happens, we have the entire deposition. It is 423 pages. Which one?

What appears to me is that IH finally gave up spending more money trying to validate the Rossi IP.

However, what did Murray actually say? Starting on deposition p. 102, he is talking about the Dameron tests (apparently IH wanted some independent testing internally, which makes sense.)

20· · · · A.· · Yeah, I remember he had a thermal imager, and
21· ·he kind of described it to us a little bit.· I recall
22· ·asking him to set up a test plan and test procedure and,
23· ·so we could document what was going on, and that just
24· ·fell by the wayside.
25· · · · Q.· · Did you set up a test plan and test procedure
·1· ·for your test?
·2· · · · A.· · Yes, we did.
·3· · · · Q.· · Do you know if that was produced in
·4· ·discovery?
·5· · · · A.· · I’m pretty sure it was.· We took the entire
·6· ·body of all the data and shared it.· So I would imagine
·7· ·it’s somewhere in there, test plans and test procedures.
·8· · · · Q.· · Okay.· And where is the device that you
·9· ·tested now, if you know?
10· · · · A.· · I can’t say today, but I know before we
11· ·closed up shop we took everything related to the
12· ·litigation under the direction of Jones Day and we put
13· ·it all together, and we boxed it up and we put it into
14· ·the locked facility in the back of the building.· So I’m
15· ·sure it’s all in there.

This does not state that the “closing up shop” was “in response to the lawsuit.” Rather, they simply are not like Rossi, who destroyed possible evidence (much more relevant to the lawsuit than what IH was doing privately). They followed legal advice, and it is unlikely that Rossi spoliated the evidence upon legal advice. If so, there might be an attorney in very hot water.

IHFB makes many claims without evidence, and is unreliable.

Alan Smith wrote:

@THH. What was the claimed input power in Lugano? A figure of 800Watts comes to mind, but that’s from memory. I can get a better insulated (and smaller) reactor to 1500C on 160W. So I would thin that 800W (if I am correct) would not need to be any kind of fiddled input measurement.

Smith is being lazy (and my memory was a power increase from 800 early on to 900 W later). It’s easy to look at the Lugano report. Claimed input power was around 810 W., then increased to 904 – 923 W. Claimed temperature from their defective camera analysis was about 1260 C at the lower power input to 1410 C at the higher power input.

Smith is likely correct in that input power measurement error is unlikely in the Lugano test. COP estimated was 3.13 – 3.74, which appears well within range of the blatant calorimetry error.

It’s been claimed that using a thermal camera for calorimetry was wildly inappropriate. I’ll disagree (as did Jed Rothwell). The problem was that they misused the camera, and botched the analysis, compounded by a failure to calibrate under operating conditions (i.e., using a dummy cell at full input power). It appears that one of the shouting matches with Rossi occurred when IH pointed out to Rossi that the cell he was measuring high COP with was a dummy cell. No fuel. Oops! At that point, I suspect, Rossi concluded they were snakes. Only a snake would steal the fuel!

(I have read this dummy cell story but have not confirmed it. Perhaps someone will point to a source. We really do have a mountain of evidence, see this page where I have collected it. I have started to prepare a timeline. If anyone wants to help, please contact me!)

And then there was this from IHFB:

Nigel Appleton wrote:

Sorry, but you’re wrong. Rossi can do anything he likes with the IP, so long as he doesn’t SELL items made using it in the territories already ceded to IH.

While I agree with you on this point, IH is (humorously) claiming otherwise in the suit. They think their territorial license somehow blocks Rossi globally.

Well, what Nigel wrote is substantially true, but not completely true. He cannot do “anything he likes.” In offering licenses, in other territories, IH has, from the Agreement, a right of first refusal. Hydrofusion and certain other pre-existing licensees are explicitly exempted from this.

As usual, IHFB is making things up when describing what IH “thinks.” He should get his mind-reading crystal ball fixed. They do not think what he wrote; but, hey, if they do, perhaps IHFB could quote the source, or at least give us calibration data on that crystal ball.

The bottom line here is that, no matter what IH “thinks,” Rossi could have continued to market his invention, IH could not stop that, except by matching any new offers, and could not stop him from agreeing with Hydrofusion, for one, and providing them IP, if they are still willing to talk to him.

This gift just keeps on giving. When we argue with b-s’ers, if we are not careful, we can get b-s all over us. Sigmoidal, normally quite cogent, wrote this:

IH Fanboy wrote:

Yes, I think the APCO inspired unable-to-substantiate-all-without-success is BS. And I think Darden and Vaughn did their best to stick to that story line in their depositions. Dewey suggested awhile back that he suspected Rossi’s team is gearing up to impeach witnesses. And it probably has something to do with deposition testimony compared to disclosed test report data.

The connection between “unable to substantiate” and APCO is a Planet Rossi trope based on the fact that an APCO consultant (later in business for himself, and who also visited the Doral Plant — or tried to, he may have been rejected, the Rossi email mentioning him and the list of visitors from IH imply that he was not allowed to visit, which would have been the first known clear violation of the Term Sheet) was on cc from the March 2016 announcement, which proves almost nothing. Darden and Vaughn would not care much about publicity, certainly not enough to perjure themselves. Darden and Vaughn are personally at very low risk here, the Rossi attempt to pierce the corporate veil is doomed, it is clearly contrary to law and precedent. However, Sigmoidal replied:

Well, not suprisingly I think your thinking is absurd, as I have implied over and over again.

But even with the extremely remotely possibilty that you are not simply seriously deceiving yourself and Rossi actually has something, there is nothing stopping him from demonstrating his high COP system, right now, this instant.

Well, if he has a high-reliability Quark-X system, nothing would actually be stopping him — other than, perhaps, his health. As to an E-Cat system, it is not at all clear that he has any devices ready to test.

This would have the effect of demolishing IH, winning the court case, awarding him over a quarter of a billion (with a ‘b’) dollars, completely destroying Darden’s reputation, opening up vast amounts of VC capital in Europe and other regions not covered by the license, result in fabulously increased quality of life for all, be the greatest discovery since fire (and that is no exaggeration), result in a virtual lock for the Nobel Prize Rossi so covets, and more.

No, it would not have that effect. First of all, the primary case is about $89 million. The “triple damages” thing is entirely separate, and a demonstration of a real device would have no effect on it, this is about a claim that Darden and Vaughn never intended to pay, and deceived Rossi about Cherokee, etc., all of which is terminally weak, with no substantial evidence having appeared other than Rossi hysteria.

Rossi already ran “demonstrations.” But let’s assume that Sigmoidal actually means rigorous independent testing by reliable experts.

“Greatest discovery since fire” is an exaggeration. Rossi did not discover LENR, nor did he discover NiH. He may have discovered a particular engineering approach, if he hasn’t been entirely a con …. but that latter possibility is looking very, very likely at this point.

No, he would not get the Nobel Prize. There is no Nobel for inventions.

However, Rossi has moved on to even better inventions. The mind boggles trying to imagine how awesome that will be!

Yes, Sigmoidal is being sarcastic, but is feeding certain tropes in doing so. Sarcasm in posts like this doesn’t come across cleanly.

IH Fanboy wrote:

sigmoidal wrote:

But if there were any doubt, we know that a dummy reactor was measuring high COP.

Yep, according to Darden’s story, he must have known as early as January of 2014 that it was all a big scam, because a dummy reactor gave the same COP as the other reactors.

This is based on a deposition, and testimony in a deposition, unless controverted, is legally “fact.” However, what IHFB says here is a conclusion from Darden’s testimony, not the testimony. This confusion between fact and conclusions is common for IHFB — and others as well. What that testimony indicates is the possibility or probability of error in measuring COP, which has already been widely suspected. This does not prove it was “all a big scam,” though it certainly raises questions of major error.

The problem is that we have these little things called facts.

IHFB should have his mouth washed out with soap for presenting implications and imaginations as “fact.”

Such as, Darden then proceeded to secure tens of millions of outside investment over the course of the next year and a half,

If Darden had done that and then threw the money at Rossi, it would have been a major problem. Rather, Darden et al continued to investigate, and the major funding raised was used for other projects, not Rossi. IHFB has pointed again and again to the quick reaction of Woodford to the draft IH press release in March, 2016 as if it proved that Woodford was really investing in Rossi and had been deceived. It doesn’t show that at all. There was a hope, obviously, that Rossi technology would pan out and the various failures would have been fixed.

and also required everyone to leave the lab in Dec/January 2016 so that he could carefully and secretively load the scam fuel into Murray’s modified reactor. Wouldn’t want the secrets of the scam fuel to get out.

IHFB is implying that this is inconsistent, but, in fact, it is fully consistent with what we know. That fuel mixture is not “scam fuel,” it would be what Rossi disclosed in 2013, and the failed test (control showing the same apparent heat as the experimental device) does not prove “scam.” It could just as easily show that Rossi had decided to torpedo the IH effort, perhaps feeling that he had not been paid or promised enough. IH simply continued with their plan (to “crush the tests”), and the fuel details divulged by Rossi (real or scam) were kept as a closely-guarded secret. IHFB is sarcastically implying that the appearance of contradiction (in his mind) proves that Darden was lying. This is how IHFB thinks, apparently. It’s not uncommon on Planet Rossi.

Rossi’s reported reaction to that no-fuel finding demonstrates that he is definitely not a scientist. A scientist would be very interested, not angry. However, if that was a no-fuel test without telling Rossi, it would have been (1) brilliant, and (2) very likely to set him off. Rossi clearly cannot stand independent testing, and a test that might show him up, proof that they are snakes.

IHFB went on and on with preposterous claims, as the LF thread on Rossi v. Darden wanders far from the nominal topic with the full collaboration of at least one LF moderator, now over 7000 posts.

JedRothwell wrote

Wyttenbach wrote:

Unluckily the burden of proof is on the IH side. They signed a foolish contract…

No, in the U.S. court system the burden of proof is on Rossi. The defendant is assumed innocent. You have to show strong evidence that the test worked, I.H. knows it, and it tried to cheat Rossi. I.H. cannot be found guilty if they have a legitimate difference of opinion regarding the test results.

Jed is confusing civil with criminal liability. “Guilt” is not an issue in civil cases. A clue is that mens rea (guilty intention) is not required to find civil fraud. The basic Rossi case was a claim of breach of contract, so for a court to find liability under the contract, the elements would have to be shown. The test “working” was not actually part of the contract, this was first noticed by Planet Rossi, which thought that the case was ironclad.

Basically, test results were up to the “ERV.” That is how it was written, Wyttenback is correct about that. However, there are some problems for the Rossi claim. First of all, the Agreement was not followed in setting up the faux GPT. To allow a postponed GPT, the Second Amendment was attempted, but that failed because of Ampenergo refusal to sign, a fact that Rossi left out of his complaint. IH only claimed, in their MTD, a technical failure, missing signatures (and then the “6 cylinder unit” issue, which simply shows that the Second Amendment, never having been completely executed, was ignored (until it came time for Rossi to make his $89 million claim). Easily, IH and Rossi could have made a side-agreement, but Rossi did not attempt that, apparently. Instead, he set up a faux customer to encourage IH to give him possession of the reactors, and arranged for Penon to measure heat — all of this without mentioning “GPT.” Far from getting the signatures of “all parties” to the start of a GPT, as the Second Amendment required, had it been valid.

If Rossi and IH had clearly agreed on Doral as a GPT, and Penon as the ERV for it, Rossi’s case would have been far stronger. Yes, IH could possibly defend on various bases, and a claim of fraud would be one of these. But the initial presumption would be as the Agreement had it: the ERV report was binding. I think IH felt safe with that because the originally contemplated GPT would have been in their facility where they could observe it very closely.

There is no presumption as Jed describes in civil cases. Rather, the judge or a jury is looking for equity, and a jury decision must be unanimous — in Federal Court — and there is no presumption at law as to which party is right. A requirement for absolute proof (“beyond a reasonable doubt” in criminal cases) could be quite unfair. The standard is merely the preponderance of the evidence, for the trier of fact (i.e., the judge or the jury in a jury trial).

(That is why O.J. Simpson could be found “not guilty” in a criminal trial for murder, but responsible for damages in a civil case.)

oldguy wrote:

By the way, can you point out to me where Penon’s deposition was under oath? I have “lost” that. I would think that it is in there but not finding it.

The attestation of the notary.

By the way, there is a list of all deposition exhibits, with a Table of Contents at the top, so that any deposition can be quickly found, and I’m going over it to list what pages are included in each copy. I may then create composites with all the pages we have.

The ventriloquist of Miami

Peter Gluck dutifully reports all swamp gas from Andrea Rossi’s blog, JONP. So I saw this there, first. There are so many posts like this that I can’t and won’t keep up.

April 22, 2017 at 7:13 AM

Dear Dr Andrea Rossi:
The puppets of the so called “ventriloquist of Raleigh” are saying that IH received the 50 millions from Woodford because they had in portfolio many intellectual properties, not only yours. But I discovered that this is false! Reading the documents published by the Court, I saw that Woodford invested 50 millions in IH on February 2015 and at that time IH had only your IP in the portfolio! To make more clear the fraud of IH toward you, is the fact that Tom Darden made visits with only your IP in IH’s portfolio with senior officers of Woodford in your plant, to convince them to pay him the 50 millions and enjoyed the reference of the engineer of JM (Jim Bass) in the same day, during the visit of the same senior officers of Woodford in your plant of Doral.
Isn’t this true?
A friend of yours of the silent majority that sustains your work and is disgusted from the dishonesty of the ventriloquist.

A “ventriloquist” is a performer who makes a puppet or other object appear to speak by suppressing the normal mouth and facial movements that allow us to identify the speaker. On this internet, this is someone who creates and writes through “sock puppets,” after the real sock puppets used by some ventriloquists. Continue reading “The ventriloquist of Miami”

Rendsing a dead horse

Rends, of the LENR Forum staff cabal, has amazing news for us:

Rends wrote:

I want to add some facts concerning the questions if IH is somehow related to Cherokeefund or not, which is denied by Darden et.al.

There is no “question” about the connection of IH and Cherokee, and this was known even before Rossi v. Darden was filed, naming Cherokee as a defendant, based on a claim that Darden and Vaughn had misled Rossi, claiming that he was really dealing with Cherokee and that Industrial Heat was just a front or the like.

IH and Cherokee have not denied the “connection,” as Rends claims with no evidence, but only the claim of Cherokee ownership of and responsibility for Industrial Heat. So what happened? Continue reading “Rendsing a dead horse”

Touch and go at the Planet Rossi spaceport

Touch and go.

Nice place to visit but I wouldn’t want to live there.

On LENR Forum, Argon wrote:

There is not much new facts anymore to dig from court documents. Re-circling around pipe diameter (it was first claimed to be 5″ , remember), pressure and window frame paints and reflections, marks on the floor etc. is waste of time at this point. There is no clear evidence did Rossis container produce extra heat or not no matter how much we dig photo details and stains on floor.

Argon has noticed that much. But what it seems he is doing is looking for “new facts,” as if most everything is already known. Distinguishing between fact and fantasy can be … difficult. Most of us walk around in illusion and fantasy, starting with our sensory experience, which is heavily filtered and processed so that we don’t notice the artifacts, such as entoptic phenomena. We have Motions for Summary Judgment pending. These will depend on fact, not fantasy and speculative judgment. And my guess is that Argon does not discriminate, and confuses the two, routinely. It would not be surprising. In many ways, that is how most of us live, until we die and the illusions fall apart. Maybe. “Nice place to visit.”

In any case, thanks to Argon for the work involved in putting together a series of Planet Rossi tropes.

What instead has been shown plain clear in documents is that:
-Ross become suspicious on IH:s agenda, and is now proven, for a good reason.

No surprise, Planet Rossi thinks like Rossi. This is well-known in sophisticated circles: treat people with suspicion, they will come to merit the suspicion. Argon is, here, asserting “proof” for a claim of agenda. What stands as “proof” for Argon?

-IH was trying to rule LENR markets by trying to capture all relevant LENR IPR. IH business plan is so revealing and clear on this.

Argon doesn’t cite the sources. I’ve been going over and over those sources. I don’t see what he sees, what he thinks is “so revealing and clear.” IH clearly wants to be a major player with LENR. They are not, however, attempting to control the entire field, but rather to cooperate and collaborate with very much of it. They do not see LENR as a zero-sum game, unlike, say, Andrea Rossi, who has been explicitly attempting to dominate the market, to own it, he’s been very open about it.

What IH obviously wants to do is to, first, stimulate LENR progress (including by funding basic research without commercial potential in itself), and, second, to be in a position to recognize and participate in genuine commercial opportunities, if those arise. Right now, I don’t know of any, but they might know more and it is their business to know more. If they operate with lies and deception, they could easily trash their relationship with the field.

-Funding rest of the researchers they tried to control how LENR comes to market – if ever. (any research community members want to speak up?)

Most CMNS researchers will not come close to fora like LENR-Forum. This is meaningless. “Coming to market” is way premature for the field. Rossi was the only game even asserted to be close. Brillouin Energy makes some claims, but if one reads them closely, they are not close. They are merely promising, if that. Nobody really understands how LENR works, it is, at this point, a lab curiosity, unreliable, difficult to control. There are some experimental approaches working on that, but the best work at this point is fundamental science, particularly confirming and measuring with increased precision the heat/helium correlation in palladium deuteride work. This has no commercial implications and is being funded, effectively, through charitable contribution and state matching funds. IH is, of course, quite aware of this. I was told first by someone from IH that the effort in this regard was well-funded, and only discovered the source of that funding later.

What I do know is that IH has good relations with most of the established researchers in the field, if not all, and there is no sign of discontent or opposition to IH there.

-It become as big surprise to IH that Mr Rossi choose rather to fall with IH in court than let them steal and control the LENR market. For example mr Weaver learnd about problems just late February just before IH published their press release. Until that he was going full ahead on expanding IH:s smelly reach.

This is incoherent. Rossi’s action filing the lawsuit has demolished his own fundraising possibilities. Weaver knew about issues with Rossi long before last February, but held his water.

-Hiring israeli partners to do the dirty work to invalidate test report by seemingly unethical means – no matter was court sealing the doc or not. The proof is there in black on white,

There is no evidence of “hired Israeli partners.” This was Levi’s fantasy. There is no “proof,” but not only is there no proof, there is no evidence other than Levi’s rant. There is no evidence that the private investigator was working for IH, and no evidence that the investigator attempted to “invalidate” the Lugano report. Essentially, it takes a paranoid mind to read the documents that way. Argon is claiming “proof” in “black and white,” but does not actually point to it. Game on, Argon. Put up or shut up.

In some of the court pleadings, attorneys claim proof, and point to documents as evidence, and those documents don’t support the claims, and sometimes even the opposite. In some circles, that would be called “lying.” Claims in pleadings, though, are not subject to perjury for false representations, though sometimes there can be sanctions.

– Mr Weaver sending very nasty mail to Swedish professors should be glowing warning sign for any current and future business partners to stay far away from any IH-initiatives. I’m very delighted to see that Swedish companies are much more far sighting.

I didn’t find that mail nasty at all, nor did the recipient claim it was nasty. It was Levi who reacted that way, hysterically, and then Rossi claimed that this was an attempt to damage his Nobel Prize prospects. Yeah, right.

-Not signing amendment paper is just lawyer juggling and spells out loud and clear real IH skin.

It is not just a lack of signature, and it was not IH who did not sign. It was Ampenergo, Rossi’s long-term supporters, and this was not some merely technical oversight, it was deliberate. The Second Amendment, that allowed the GPT to be postponed, was invalid, and Rossi knew it. IH then said that Rossi could still earn the money, if he fulfilled the underlying purposes of the Agreement. Rossi took this as allowing him to set up a fake GPT (creating resemblances) without ever obtaining the written agreement that the Second Amendment required, if it had been valid. Rossi, being paranoid, never understood that in business, one must actually satisfy customers and investors, not merely fulfill some technical requirement. When he refused to allow Murray to visit the Doral plant, that was a bridge too far, way too far. This violated not only the Term Sheet, but also the clear intentions of the Agreement that IH would have the ability to fully observe the required tests. Rossi did not have the right to choose who would represent them, they had that right. Rossi, in his answer, explained that he believed that Murray was a spy. Spy for whom?’

And why would there be Rossi secrets at Doral, other than the Plant operation itself, which Rossi had supposedly fully disclosed to IH already?

Well, he was doing his own research there. Doral, instead of being what he had represented, a chemical manufacturing company, was entirely Rossi created, designed, controlled, and paid for. He rented the warehouse and only subleased part of it to “JMP” and all this really existed only on paper and in his mind. And he lied about it again and again.

-Big resources of Planet IH here is repeatedly and consistently redirecting discussion to some irrelevant details every time some one tries to touch some relevant subject. That is so clear pattern that this thread is very fruitful source for lots of manipulation studies to come. (see what happens quickly after this posting)

There are no “big resources of Planet IH” on LENR Forum. The closest is Jed Rothwell, who was at one time listed as a possible advisor. Jed has claimed he has not received any payments from IH; and I know Jed, for a long time, as a source of funding and support for LENR. He is not in IH’s pocket, he doesn’t need IH, but Jed supports LENR and anyone who supports LENR is, as the science, would be likely to have some friendly connection with IH. He’s visited them in North Carolina, which is not far from where he lives.

Then there is Dewey Weaver, who is not positing on LF any more and who might not go back. IH doesn’t need LF, for anything. I can guarantee that IH is not supporting coverage of Rossi v. Darden, at least not so far! I think I’d know about it!

– Have you ever wondered that IH was not willing to arrange test customers.

Liar, liar, pants on fire! Okay, he probably believes this carp. IH had a customer ready and willing, and Rossi rejected it, and this is clear not only from IH testimony, but from the Rossi email proposing the move of the Plant to Florida. Basically, Argon has believed Rossi Says, but has not modified his impressions by studying the case documents. And if he does, he will likely be searching for proof of what he already believes. That is the major way that we fool ourselves.

-Have you ever wondered why IH is not willing to give back the license if they think that Rossis conainer is expensive water boiler with COP of 1.

Why should they “give back” what they paid for? We do not know that IH has refused to return the license, nor on what conditions. This is all Rossi Says. One of the possibilities here, it is explicitly suggested by IH as one of two major possibilities is that Rossi actually has a real technology but is creating a breakdown of the IH Agreement in order to get them to return the license — as he did with Hydro Fusion before.

(Annesser ridiculed the “two alternatives,” ofensively, in my mind, as logically inaccurate. I.e., of course there are more than two possibilities, but some of them will not be ones that would be asserted by IH, such as “IH is lying through their teeth.” Logical possibility, to be sure. Not a practical one.)

As long as there is even a small possibility, I would expect IH to hold on to the license. However, if there is some consideration for return, such as a refund of their investment, they might let it go. That investment at this point is north of $20 million, I expect. Would they take less? I don’t know.

All this would be considered in settlement negotiations, if there are any, or in a court decision, if it comes to that.

Argon is thinking in black and white terms. I.e. if the technology is worthless, which he probably believes IH is claiming — I haven’t noticed that — then the license is worthless, but the value of a license like this, to a venture capitalist — and that is IH — is the probability of value in the future times the benefit if that value matures. In this case, the benefit could be a trillion dollars. What has been shown (from the IH point of view) is that Rossi did not transfer the technology to them, if it is real. So what is the probability that it is real? In this scenario, Rossi is withholding the secret, and he has done the like of this before. Rossi seems to understand that, with the License Agreement, he was not only selling the “E-cat,” but all related future development, such as Quark-X. And easily he might believe he sold it too cheaply.

But a bird in the hand is worth two in the bush. If there is enough cash on the barrel, IH might decide it would be better to invest that elsewhere. These are complex decisions, not the mindless “real or not” calculations of Argon. I know a lot, and I still don’t know which I would choose. To pay IH what it would take, though, would probably be more than Rossi has, so he’d need to find a new investor, if there are any left on Planet Earth who would trust him. Mostly Planet Rossi is a collection of losers, with big mouths and small pocketbooks. Still, you never can tell. How about Magnus and Hydro Fusion? Have they forgiven Rossi for what he did to them — by his account — in 2012? Hope springs eternal.

Disclaimer: No I don’t believe Rossi had anything produced in ‘customer’ container nor that ERV would be reliable, but I’m thankful for him to reveal true colors of IH:s LENR job. Someone will it as viable technology and LENR now escapes from IH:s hands – for the better of us all.

What I’ve seen of IH operations, in the court documents, actually gives me high faith in them as angel investors. I know some researchers that they have supported. Nobody is complaining, but Rossi, the one who received the most support, and IH did not stop Rossi from developing and promoting his technology, there is no evidence of that. They had a right of first offer as to licenses elsewhere, but this could not harm him, it would give him more money if they exercised it. He could have installed a high-power reactor in Sweden, years ago, if he had one. The one who has stopped Rossi, if he has anything real, is Rossi.

Rossi created the Doral test that he slaved away at. He is now claiming that it was uncomfortably hot. Did he claim that during the year? Did anyone else report that? The entire idea of a 1 MW test was Rossi’s, this is not what any engineer would want. Apparently IH offered to pay him to not do it. He refused. Rossi did not use lawyers for what they are good for, negotiations. He only used Annesser to threaten and then to sue. My guess is that Annesser encouraged that, leading his client down the road to ruin.

PS. Just wish me356 has taken a good read on this case and keep cool and stay far away of such business partners.

I see no evidence other than “me356 Says” that me356 has anything real. Maybe he does. Maybe not. I decided, by 2011 or 2012, that the future of LENR could not depend on speculations and secret commercial ventures (like Rossi), that we needed a “Plan B,” which I identified as encouraging basic scientific research.

I see IH as a partner in that effort, willing to work with other players, so far, at least. I expect genuine commercial efforts to be secret, and I expect science to be open. The two, mixed, become mixed-up, because there arise conflicts of interest. LENRIA, Nagel’s organization, may have a role to play here.

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

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

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

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,

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.


Agreement written with vanishing ink

And Rends does it again, making claims with a link to a document that does not show what he claims. This one was a familiar point to it, and I thought for a few minutes that I’d made some big mistake with what I’d written before. Instead, there is another explanation.

On LENR Forum, Rends wrote: (Abd emphasis)

The heat exchanger story is a good example, as the IH expert Rick A. Smith has shown in his report by means of photographs, there was this serpentine heat exchanger, just as Rossi has described it to Wong. What sense should the installation of this heat exchanger make, if the Ecat plant does not work? Because according to the agreements between IH and JM Products, no IH personal would have been allowed to take a look into the black box. This heat exchanger makes sense only if heat is actually produced, if this was all a fake, this installation would have been completely unnecessary.

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