If it is a claim, in writing and in public by him, then his lawyers would be allowed to ask him about it. From what I have gathered about his lawyers so far, they probably would neglect to ask such a thing.
It's not in writing as far as I know. It's just something Rossi told Mats Lewan.
If Rossi's stuff doesn't work then how did he dupe so many highly trained scientists and a seasoned venture capitalist? Why does that venture capitalist want to retain Rossi's IP even after Rossi has offered to refund him? Some of this stuff simply doesn't add up.
My point is that it's pointless to base an opinion on an alleged offer to refund. Since we only have Rossis word that the offer was made.