Do you think he would not have intervened if a report was brought up bearing his name and he did not have anything to do with it?
I know he has not in the past done this in such a case. Rossi stated that this, in the case of the egregiously bad Penon test report from a few years ago published on Rossi's blog. Otherwise, if Penon had had anything to do with it, it would show Penon to be totally incompetent at testing. For example, it mentioned voltage and current measurements without specifying the equipment used to make them (not even whether these were average or true RMS meters). The difference was highly relevant in this case because it would explain a false positive result.
Now, Penon did not complain at that time nor for many years afterwards.
So, yes, he has history doing what you think he would not, as a serious professional, do. Or, if Rossi lied, than he has shown himself incompetent as a tester.