BTW, in your spare time do you throw raw meat to starving lions? Just wondering.
It is much more fun to throw veggie burgers.
Rossi vs. Darden developments [CASE CLOSED]
- barty
- Closed
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In 102 and attachments, we don't get much info, but still there's a little. From the Notice of Hearing in 102:
Quote(1) Third-Party Defendants J.M. Products, Inc., Henry Johnson, and James A. Bass’ Responses and Objections to Defendants’ First Request for Production to Third-Party Defendants; (2) Third-Party Defendants Fulvio Fabiani (“Fabiani”) and United States Quantum Leap, LLC’s (“USQL”) Objections and Responses to Defendants’ First Request for Production; and (3) Third-Party Defendants Fabiani and USQL’s failure to produce any documents in response to Defendants’ First Request for Production to Fabiani and USQL.
In 1) and 2) we again see that Johnson and Bass are represented separately from Fabiani. This is not new info, but it is a bit curious.
In 3) we learn that Fabiani did not provide any information to IH on their first request. Apparently the judge is going to discuss this in the scheduled hearing.
Presumably, Fabiani's response in the current attachment (102.2) will satisfy the judge as long as Fabiani produces the documents required by the judge's ruling on IH's Request for Production (taking in consideration Fabiani's objections), a ruling we should see in a week or so.
The attachments (one from Johnson/Bass and a similar one from Fabiano) don't provide much other than boiler plate "we object to the requests as overbroad but will provide what we think is appropriate".
But again, to me the most mind boggling aspect of all of this is that the Request for Production by IH only names the License Agreement, it's amendments, and the Term Sheet (which was a E-Cat Rental Agreement) when specifically referencing communications with Rossi and Third Parties. What that tells me is there are no documents that IH is aware of regarding a GPT other than the Term Sheet Rental Agreement (!).
Based on this, it again appears that Rossi's entire case for why he should be paid 89 million will hinge on his ability to convince the court (judge or jury) that a Rental Agreement is also a Guaranteed Performance Test agreement. It just seems so absurd.
On the other hand, IH has put forth evidence, and Rossi and the Third Parties are subject to Discovery evidence requests regarding allegations of fraud and damages potentially exceeding 30 million dollars collectively. This seems like a quite plausibly successful outcome.
How long will this bizarre drama play out?
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Guys,
did anybody of you ever wonder why there is absolutely no sign that Fabiani/USQL (or Penon etc...) has invested his own money in the e-cat?I mean, if I would be in Fabiani's shoes and have seen all those "marveluos things nobody else has seen before", I would invest every buck I have available in an e-cat distribution license (even when it's only for a small country like San Marino), or buy shares from e.g. HydroFusion, instead of paying 75k for "pinball R&D".
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So it sounds like IH may have wondered if the problem with replicating the Ecat in NC was due Dameron, so hired Murray to "elevate the level of IH's testing and evaluation". As it turned out though, Murray was no more successful than Dameron.
Very interesting......Dameron was the chief engineer of IH and was the man who defined himself as the co-inventor with Rossi of the application "Energy-producing reaction devices, systems and related methods" (by the way, he sold his right to IPH International B.V. in the same period in which IH declared to the world that the Ecat was a fake.....).
In spite of this, IH have felt the need of hiring another guy in order to "elevate the level of testing", and so they called an expert. Expert of what? Of "system architecture development, digital signal and image processing, software development, systems engineering, acquisition planning and program management" (http://ultra-3pi.com/about-us/joseph-murray/). What an elevation!! -
This is what Rossi said about Murray:
"About the meeting of Tuesday, you obviously can come when you want, while Joe Murray cannot enter in the factory of JM because, as I have explained to Tom during the visit with Brian Mc Laughlin, I do not allow anybody, except for the personnel already reciprocally authorized, to approach the plant before the tests on course will have been completed."
I can sort of understand Rossi's position. An apparent APCO guy (Brian McLaughlin) had already visited Doral with Darden, and I think the spidey-sense in Rossi was probably elevated--that a sabotage was possibly underway.
"except for the personnel already reciprocally authorized": if this was the agreement, there is no reason to complain about the fact that Murray was not allowed to enter the Plant.
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I do know anything about the $10 million test, so I cannot comment on it.
But you know that IH paid for that test, so it is quite obvious that there was no reason to find fault.
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I mean, if I would be in Fabiani's shoes and have seen all those "marveluos things nobody else has seen before", I would invest every buck I have available in an e-cat distribution license (even when it's only for a small country like San Marino)...
I would point out that you have no idea what Fabiani may or may not have invested, or what he has been promised in return for his help. Maybe he has done (or been promised) exactly what you suggest you would do..
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They are stating that if the court requests it, they CAN provide the evidence that JMP was a lie, that there was no production, that the heat was not used and that Bass had no actual duties!
They are just exhibiting their biceps ..... Even Rossi said he has evidence: let's wait for the show.
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SSC - The "show" you reference is almost over. There is now vast and conclusive proof in hand that proves that the entire "customer" gig was completely faked. No way around it - that fabrication is exposed and continued support of the "customer" storyline is nonsense. Now on to the far-reaching implications.
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Quote from Bob: “They are stating that if the court requests it, they CAN provide the evidence that JMP was a lie, that there was no production, that the heat was not used and that Bass had no actual duties!”
They are just exhibiting their biceps…
The parties involved with Rossi have a serious fraud suit alleged against them. They made a motion to dismiss, but did not provide ANY evidence. It seems logical that if the customer was not a fake, that Bass had a real job and that product production / products made was actually done, they would simply add to their motion to dismiss, a couple of pieces of evidence that proved the claims false. Then the whole fraud suit would have been dismissed.
Yet, they did not provide anything for the judge to consider. None. They also never denied the allegations. They only asked for dismissal because IH "had not provided evidence".
The current circumstantial evidence is abundant here! It is the Rossi camp's own actions (or lack of) that is so apparent. It is highly unlikely that Jones Day would submit (directly to the judge) that we can "provide all the evidence you need" but in reality not be able to do it. Rossi has not stated that he has anything evidence! In his court answers and motions, he has not stated or shown any evidence, only denial or statements such as "we do not know". I assume because the lawyers are telling him if he lies, he will be open to perjury charges. Yet many close their eyes to this.
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I do know anything about the $10 million test, so I cannot comment on it.
But you know that IH paid for that test, so it is quite obvious that there was no reason to find fault.
No, that is not obvious to me. This is a technical test. I cannot judge it without seeing the technical details. (Maybe I could not judge it even then.) Just because someone paid for it, that does not mean it was valid. People sometimes pay for things that do not work.If the test in question was the Lugano experiment it was definitely flawed.
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I would point out that you have no idea what Fabiani may or may not have invested, or what he has been promised in return for his help. Maybe he has done (or been promised) exactly what you suggest you would do..
If he did invest or if he received promise of financial gain then the case of fraud against him is strengthened.
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If he did invest or if he received promise of financial gain then the case of fraud against him is strengthened.
I like your reasoning. IH invested too, did they not?
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The current circumstantial evidence is abundant here! It is the Rossi camp's own actions (or lack of) that is so apparent.
[Emphasis mine]
Yes, the lack of any response to IH's counter suit against Rossi, other than essentially 'Prove it!', is stunningly informative. Also, as I mentioned in the previous post, no specifc reference to any written agreements other than the License Agreement (with amendments) and the Term Sheet in IH's Request for Production on discovery is also stunningly informative.
As in Conan Doyle's Silver Blaze where Sherlock Holmes points out the key clue being the dog that didn't bark, it's the lack of response and lack of reference to documents that would easily clear Rossi and third parties if their dealings with IH were legit that speaks so loudly against Rossi and the third parties.
The silence is deafening, and damning to Rossi and third parties.
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I like your reasoning. IH invested too, did they not?
Yes, they did. And if they misrepresented the facts to Woodford, then they might be at risk. Yet there does not seem to be any IH investor suits against them. I would think that would mean that they were forthcoming with information to their investors whenever they had the information.
Recall that in Florida fraud is any effort to obtain financial reward through deception.
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Recall that in Florida fraud is any effort to obtain financial reward through deception.
Well I never, I thought Fraud was some kinda spychiatrist.
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And Penon has not responded to this suit against him, has no legal representation with regard to this suit, and is (conveniently) purported to be in Italy. Hmmm, why would that be. Think, think, think...
With a fraction of an investment "bankers" salary I too would avoid all legal affairs in US and enjoy a peaceful live in Italy...
Yes, they did. And if they misrepresented the facts to Woodford, then they might be at risk. Yet there does not seem to be any IH investor suits against them. I would think that would mean that they were forthcoming with information to their investors whenever they had the information.
One out of 10 business's, that idea-hunters like IH follow up, is successful. In the case of Rossi I guess 1 out of 100'000 ideas for a new reactor will be a success, but when will that happen?
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With a fraction of an investment "bankers" salary I too would avoid all legal affairs in US and enjoy a peaceful live in Italy...
Yes, I agree, that it makes perfect sense for Penon, who probably does not have a lot of money (other than what IH and Rossi paid him), to stay in Italy and live a peaceful life there...If (and only if) he doesn't believe the E-Cat works (or knows that it is a fraud).
On the other hand, if he does not have a lot of money, but is on the cutting edge with a spectacular insider's advantage of potentially the greatest and most profitable invention in modern history, it makes no sense whatsoever for him to disappear and live a quiet, low profile and modest life in Italy. At a minimum, he should be busy developing and promoting the E-Cat.
As I said before, the silence is deafening and damning.
