Rossi et al. v. Darden et al. (1:16-cv-21199), Florida Southern District Court.
The ongoing federal litigation between Andrea Rossi and the principals of Industrial Heat LLC has revealed some troubling documents and correspondence regarding the testing of the E-cat system. All of the filings and motions may be found here.
Exhibit 5 – Is a list of questions IH’s engineer, Joe Murray, sent to Fabio Penon, the Expert Responsible for Validation (ERV), questioning some of the data from the preliminary reports issued by Penon. These questions include some troubling observations about the equipment and measuring techniques used. Apparently these questions were never answered and Penon has yet to respond to this lawsuit.
Document 118-01 – Is a compilation of email communications between Andrea Rossi and the agents of J.M. Products, Inc. (JMP), the purported customer making use of the E-Cat’s excess heat. Rossi seems to exert an unsettling amount of control over JMP’s operation. In emails with James A. Bass, the Director of Engineering for JMP, Rossi appears to be “coaching” Bass on what to say to observers, with Bass asking Rossi, “My question is, will the people I meet tomorrow want to know anything technical?” In another email, Rossi tells an assistant to Henry W. Johnson, Rossi’s attorney and organizer of JMP, that he will transfer $500 from Leonardo Corporation to the JMP account, which had apparently been overdrawn.
Industrial Heat and IPH (collectively “Counter-Plaintiffs”) bring this action against Leonardo; Rossi; J.M. Products, Inc. (“JMP”); Henry Johnson (“Johnson”); Penon; United States Quantum Leap, LLC (“USQL”); and Fabiani.
Industrial Heat LLC has brought counterclaims against almost everyone involved in the Rossi project and makes allegations of fraud in the performance, review and testing of the E-cat.
Eventually Counter-Plaintiffs discovered that the test that Leonardo and Rossi were conducting, in conjunction with the supposed “customer” in Miami, was not a real test at all, but a carefully scripted effort to deceive Counter-Plaintiffs into 1) providing Leonardo and Rossi with credibility in their efforts to license and promote the E-Cat IP to others and/or obtain investments from others in their business ventures, 2) making the third payment under the License Agreement to Leonardo, 3) paying a multitude of expenses of Leonardo and Rossi including in connection with their operations in Florida, and 4) paying Penon and Fabiani for services not rendered and reimbursing them for unnecessary expenses.