I do not know much about lawsuits, but I see nothing in this lawsuit alleging that Rossi is a fraud. If that comes up, I suppose it would be in a different civil lawsuit filed by I.H. against Rossi, or it would be a criminal case filed by Florida or Uncle Sam against Rossi.
They may counterclaim. They have not claimed fraud, so far, that's completely correct. A state or federal prosecution is a real possibility. Rossi has played a very dangerous game, for years, by what Lewan acknowledged from what you wrote on Vortex-l years ago (and it was that part that is why I pointed to that). He wanted people to think he was a fraud. I pointed out, in 2011, that we could not distinguish -- without independent testing or some breakthrough proof -- between Rossi as a real but eccentric inventor pretending to be a fraud to divert competition and a real fraud pretending to be an eccentric inventor pretending to be a fraud. However, all those incidents will create a weight if a fraud prosecution arises.
People may not realize it, but what actually can send you to prison is the appearance of having committed a crime, if it is successfully created.