Regarding evidence that is uncontested, this is in Document 280: 'Joint pre-trial stipulation'.
These are facts that all parties (Rossi, IH and Third Parties) agree to - in other words, these are undisputed facts regarding this case:
90. During the period when the 1 MW Plant was tested and operated in the Doral Facility, Rossi:
a. Distinguished J.M. Products from Leonardo and Rossi in communications with Counter-Plaintiffs and with others, and instructed others to make the same distinctions in communications with Counter-Plaintiffs;
b. Held out Bass as J.M. Products’ “Director of Engineering” to Counter-Plaintiffs;
c. Represented to Counter-Plaintiffs that J.M. Products had its own operations independent from Leonardo and a use for the 1 MW Plant’s steam;
d. Represented to Counter-Plaintiffs that J.M. Products was satisfied by the steam it was receiving from the 1 MW Plant.
93. During the period when the 1 MW Plant was tested and operated in the Doral Facility, Rossi controlled J.M. Products’ technical and product development activities, as well as J.M. Products’ day-to-day activities;
94. J.M. Products has never been owned by Johnson Matthey or controlled by a trust formed in the United Kingdom; it has always been owned by the Platinum American Trust.
95. J.M. Products has never been a subsidiary of Johnson Matthey.
96. Johnson Matthey has never had an ownership interest in J.M. Products.
Also, it is undisputed that Dott. Rossi sent an email to IH on June 10, 2014 (Document 236-28) excerpted below:
"...we have a Customer who pays 1,000 $/day to rent the 1 MW plant, put in his factory in Miami, produce catalyzers that he sells. I will direct the operation of the plant for the first year, the contract will be for 3 years, renewable. The Customer will not have access to the reactors, that will remain under our full control for maintenance and recharge.
For the permissions, I have already got the necessary instructions along what I already had been told before, as you know....
And subsequently, it is not disputed (it is uncontested) that Dott. Rossi sent a follow up email to IH on June 23, 2014 (same document) below:
As a matter of fact we do not have 60-90 days to decide, because our Customer told me he has to start the drying line in September, therefore he must know now if we want to rent him our plant or not. He needs to prepare the factory in Florida with a dryer to be coupled with our plant, under my direction, and this work has to be started as soon as possible, while the upgrading of the 1MW plant is in course, so that as soon as our 1 MW plant upgraded will be ready by the first week of September, as agreed, we will be both ready to start up the drying line within the half of September for the preliminar [sic] tests. Otherwise the Customer is going to go ahead along his classis [sic] systems.
Considering the fact that from August 2013, when Leonardo has delivered the plant ready to go, Industrial Heat has not got the possibility to find a real Customer and the necessary permissions to install a LENR plant, I think it is important for all of us take this opportunity in serious consideration.
I hope you have a prompt reply with your decision.
Now, to be clear:
1. 'we have a Customer'
- And that customer is Dott. Rossi, but he didn't disclose that to IH, and this is clear deception on Rossi's part.
2. 'put in his factory in Miami' -
- there was no factory. There wasn't even a warehouse. Dott. Rossi didn't lease the Doral warehouse until 10 weeks later (August 30, 2014 - Document 207.46). After he leased it and subleased it to himself as JMP, it still wasn't a factory that produced anything that anyone purchased (according to Rossi, nobody purchased any product from JMP).
- the 'his' is Dott. Rossi himself and this is clear deception.
3. 'therefore he must know now if we want to rent him our plant our not. He needs to prepare the factory in Florida with a dryer to be coupled with our plant, under my direction, and this work has to be started as soon as possible,'
- again, throughout the email, Dott. Rossi is referring to himself as 'him', which is clearly deception on Dott. Rossi's part.
- 'he must know now'. and 'this work has to be started as soon as possible'. Dott. Rossi is claiming that this is urgent, but he hasn't even rented the warehouse to himself and JMP yet.
- 'He [Dott. Rossi himself] needs to prepare the factory [that doesn't exist yet] in Florida with a dryer [crude serpentine pipes that don't exist yet that Rossi himself will design and have built] to be coupled with our plant, under my direction [context shows he is talking about 'directing' the 1MW plant, NOT JMP]'
4. 'The Customer will not have access to the reactors, that will remain under our full control'
- Dott. Rossi intentionally deceives IH, as he is fully aware that he, who is the 'Customer', will have full access to the 1 MW reactors.
- Dott. Rossi clearly (from any plain understanding of the words) differentiates himself from the Customer in the pharase 'under our full control'.
5. 'For the permissions, I have already got the necessary instructions along what I already had been told before, as you know....'
- Further intentional deception, as the only 'necessary instructions' were created by Rossi himself
- Further intentional deception as he states 'what I already had been told before' by the company JMP, which as Dott. Rossi has now declared, is himself.
6. 'we do not have 60-90 days to decide, because our Customer told me he has to start the drying line in September'
- Dott. Rossi intentionally deceives IH, as 'our Customer told me' when he is talking about himself (talking to himself??).
- Dott. Rossi intentionally deceives IH into thinking that there is an urgent requirement to decide because the Customer needed to start the drying line 'in September', but the Customer was himself, had no warehouse yet, never had a factory at all (to this day), and had no product to sell that required drying (to this day).
7. 'Otherwise the Customer is going to go ahead along his classis [sic] systems.'
- Dott. Rossi intentionally deceives IH by implying that the customer is not Rossi (plain reading) and that IH risks missing out if they don't decide to take advantage of this 'real customer' soon [the Customer with no warehouse, no factory, and directed by Dott. Rossi himself].
English Language Dictionary definitions of scam and scammer:
noun informal1) a dishonest scheme; a fraud.
1) a person who uses a confidence game or other fraudulent scheme, especially for making a quick profit.
2) a person who cheats or defrauds with a scam.
Contextual Example (mine): Dottore Andrea Rossi is a scammer who's scam involved deceiving IH to enter into a rental of heat in order to fraudulently attempt to gain $89 Million dollars and triple damages and court costs, through legal estoppel of a similar but factually distinct and not fully executed legal contract.
Conclusion: The uncontested evidence now recorded in a US Federal Court clearly shows that Dottore Andrea Rossi is accurately defined as a 'scammer'.
P.S., there happens to also be mountains of additional evidence to support this accurate description of Rossi, but this will have to do for now.