Apr 022016
 

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Andrea Rossi – E-cat – Industrial Heat LLC – More on Rossi’s Floundering Warship

Published on April 2, 2016

There have been some interesting events in Rossi’s fraudulent e-cat scheme since our last article. For instance there are the comments from Industrial Heat LLC and the business filings by Andrea Rossi joining his two Leonardo corporations. The PRNewswire that Industrial Heat LLC published is now gone. (Don’t know if it was removed, or just broken.) Plus of course the never ending ramblings of the crackbrained inventor who, his disciples say, is going to save mankind from themselves.

Flounder
1. To move clumsily or with little progress, as through water or mud.
2. To act or function in a confused or directionless manner.
3. To behave awkwardly; make mistakes.

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Here are some relevant articles published in the past.

Rossi & Florida Law
More Legal Fraud in Rossi Farce
Hanno Essén Admits Recent Test of E-cat NOT Science

 

Rossi on his Warship

Some recent comments by Rossi on his warship.

Warship-01Warship-02

Why did Rossi Join His Two Leonardo Corporations?

On August 28, 2015 Rossi’s Leonardo Corporation in New Hampshire was suspended by the Corporation Division because the last Annual Report Rossi filed was on March 31, 2013.

The fact that Rossi ignored his NH Leonardo till it was suspended, goes to the type of person Rossi really is, in our opinion, a real scumbag. How could any reliable business man let a necessary corporation get into this state? The existence of this corporation was clearly very important and necessary because Rossi later had to hire a lawyer to join his two corporations together.

Then on March 18, 2016 the NH Leonardo Corporation was reinstated when Rossi filed Annual Reports for 2014, 2015 and 2016. What is interesting is that in the NH 2016 Annual Report, Rossi changed the principal office address to his condominium in Florida. The registered agent is blocked out. Each state requires a registered agent and a address in the state of incorporation for service of process. We wondered what is going on here? Here is the website information and HERE IS A COPY of the PDF document downloaded from the New Hampshire website.

Warship-04Warship-05Everything became clear when we looked at the filings with the Florida Secretary of State (SOS).

Warship-06On March 22, 2016 the following attorney filed a document with the Florida SOS –
John W. Annesser, ESQ.
The Silver Law Group, P.A.
P.O. Box 710
Islamorada, FL 33036
(305) 664-3363 Telephone
(305) 664-3365 Fax
jannesser[at]silverlawgroup.com

This is all so new the information on the state’s websites have not been updated as of the time of this article.
The document John W. Annesser, ESQ filed, was a merger of the two Leonardo corporations, the ones in New Hampshire and Florida.

There are many interesting points in this new document, let’s look at them.

  1. The first question that came to mind – why was there a merger? As the reader will see the New Hampshire Leonardo Corporation by this filing ceased to exist.
  2. The second follow up question is naturally then – why didn’t Rossi just file formal dissolution papers with the State of New Hampshire? If Rossi did that it would legally close out that corporation and there would be no need for a merger. Rossi could have done that without an attorney.
  3. In our opinion there are two reasons for Rossi wanting to use an attorney for this merger.
  4. Reason #1 – Since Rossi is working with the bones of others, i.e. other people’s money, in this case the funds from Industrial Heat LLC, nowadays he can afford to splurge on everything; cars, homes, condos, attorneys, stupid and ridiculous 1 year tests on a large configuration of resistance heaters, etc.
  5. Reason #2 – Rossi wanted to close out the suspended NH corporation, he didn’t need it anymore. BUT Rossi had a problem, in our opinion, he needed the advice of an attorney because Rossi still had some contracts in play created under NH Leonardo, long before the Florida Leonardo existed. Remember the NH Leonardo was created in 1997 and the Florida Leonardo was created in 2010.
  6. With the merger filed by the attorney, now all contracts signed under NH Leonardo will be legally carried over into the Florida Leonardo.

BUT IT GETS MORE INTERESTING.

The 2016 Annual Report filed with New Hampshire listed Rossi as the only officer and director. On January 25, 2016, Henry W Johnson filed the 2016 Florida Profit Corporation Annual Report for Leonardo Corporation. the reader can download a copy of that document on the FL SOS website. In the 2016 Annual Report Johnson listed Rossi as CEO, and himself as President. Johnson also listed himself as the Current Registered Agent.

Now let’s go back to the merger document.

  1. The merger consisted of three parts; 1, Cover Letters; 2, Articles Of Merger; 3, Plan Of Merger
  2. The Cover Letters – What is strange in our opinion is that this document package was sent to two different offices in the Division of Corporations, State of Florida. One by certified letter which is normal, but the other was sent “VIA FedEx (Overnight).” We wonder, what was so important that these merger documents had to be sent overnight at greater expense?
  3. The Articles Of Merger – Nothing of interest here, only confirmations of corporate approval of the merger.
  4. The Plan Of Merger – Now this is where things get real interesting.
  5. To put things in perspective on March 29, 2016, Steven B. Krivit published an article called “Industrial Heat Goes Cold on Rossi.” In that article Krivit says that –

“On March 8, New Energy Times sent a news inquiry to Darden to confirm Lewan’s assertion that Industrial Heat had participated in a successful validation test of Rossi’s device. Two days later, Industrial Heat sent a statement affirming its commitment to low-energy nuclear reaction (LENR) research. The company said nothing about Lewan’s claim of a test. It did not mention Rossi.”

“On March 10, in “Industrial Heat’s E-Cat Exit,” New Energy Times wrote, “Industrial Heat has apparently terminated its relationship with businessman Andrea Rossi. Industrial Heat is the only company that had publicly confirmed that it had licensed technology from Rossi.””

“On March 21, New Energy Times sent questions to Thomas Francis Darden II, the manager, president, and director of Industrial Heat, as well as to J.T. Vaughn, the vice president, inquiring about the status of the company’s relationship, if any, with Rossi. We wanted to know whether Industrial Heat was still in partnership with Rossi.”

  1. The date on the merger letter sent by John W. Annesser to the Florida SOS was March 21, 2016. It was filed with the Florida SOS the next day on March 22, 2016.
  2. The only signature on the Plan of Merger was Andrea Rossi’s, for both corporations.
    Here are some of the things we found interesting in the merger document.

“WHEREAS, both the Fla. Corporation and the N. H. Corporation are owed entirely by a single common owner.”

“The Florida Corporation and the New Hampshire Corporation shall be merged into a single corporation, in accordance with the applicable provisions of the laws of the State of New Hampshire and of the State of Florida, by the New Hampshire Corporation merging into the Florida Corporation, which shall be the surviving Corporation.”

“The two constituent Corporations shall be a single corporation, which shall be LEONARDO CORPORATION, a Florida Corporation, as the surviving Corporation and the separate existence of LEONARDO CORPORATION, a New Hampshire Corporation shall cease except to the extent provided by the laws of the State of Florida in the case of a corporation after its merger into another corporation.”

“Notwithstanding the above, for any purpose other than the recordation of the Agreement of Merger and any other purpose accustomed by the State of Florida, to the extent permitted by the laws of the State of Florida, the Agreement of Merger shall be deemed retroactively effective as of January 1,2015.”

  1. So what happened in early 2015 that required this over one year retroactive clause?
  1. “The manner of converting the outstanding shares of each of the constituent Corporations shall be as follows: The aggregate outstanding shares of the New Hampshire Corporation shall be redeemed and shall cease to exist. The aggregate outstanding shares of the Florida Corporation shall remain unaffected by the merger.”
  1. Rossi still cannot get his facts straight. The address Rossi gave for the Florida Leonardo is, 1331 Lincoln Road, 505, Miami Beach, Florida 33139. But the address given in the Florida 2016 Annual Report is APT 601. Not a surprise really because Rossi has been making false statements about everything to do with his various scams here in the USA since 1995.

Below is the Florida merger document in pictures, and HERE IS A COPY of the PDF document downloaded from the Florida website.

Warship-07-Page01Warship-08-Page02Warship-09-Page03Warship-10-Page04Warship-11-Page05Warship-12-Page06Warship-13-Page07Warship-14-Page08Warship-15-Page09Warship-16-Page10

Thoughts on the Recent Statements Coming from Industrial Heat LLC

As a side note –
In an article in preparation we will discuss the culpability of those who are principals, partners or accessories and who assist and help fraudsters. We will also prove at that time that Andrea Rossi is running a fraudulent scheme with his e-cat fraud and scam. The proof has been public knowledge since early 2011, we will just provide the facts, which are very numerous and getting larger by the day, and lay it out so clearly that everyone can understand why we continually state the e-cat project is a fraudulent scheme and a scam. Another thing we will make abundantly clear is that when there is a fraud going on that involves many people, such as the e-cat scam, all of the statements and actions, directly or by omission, of all of the people involved can be used to show the scheme is in fact a fraud and scam.

We will also show that “motive” is NO defense to a criminal or civil fraud charge. What do we mean by “motive”? Here is one example: if a person, let’s call him Tom, says, “I know that Fred’s project is called a fraud and a scam by many, and that may be true, but IF Fred is right then he will do so much good in the world by stopping global warming, we want to help anyway, no matter how remote or unlikely Fred’s project may be real.” If in this scenario, it turns out Fred’s project was a fraud and scam and Tom along with Fred are both charged with fraud, then Tom cannot use as a defense his claim that if Fred’s project had worked it would have helped the world. Motive and intent are two different things. Tom’s motive to be part of the scam was – if it worked it would help the world – Tom’s intent would be his statement that he wanted to help anyway, no matter how remote the possibility that it worked.

Here is an interesting fact.
“Crime Overview Aiding And Abetting Or Accessory
In criminal law, it is necessary to distinguish between the accessory and the principal. The principal is the person who is responsible for a particular crime. Under most legal jurisdictions, the person or persons charged with aiding and abetting or accessory are not directly involved with the crime that is committed. They are usually not present when the crime occurred. If two or more people are directly responsible, they can be charged as joint principals. The test used in order to distinguish a principal from an accessory is whether the defendant independently contributed to the causing of the crime, rather than merely giving generalized and/or limited help and encouragement.”

In answer to a question about criminal intent we find –

“Cliff Gilley, intern criminal prosecutor for King County Prosecuting Attorney, 1999-2000
Intent in all crimes is proven by extrinsic and circumstantial evidence of that intent.  Your intent to commit murder is evidenced by purchasing a gun, buying bullets for the gun, loading the gun, and driving to the place where your victim works, then pointing the gun at them and pulling the trigger.

Similarly, with fraud, any activities leading up to the fraud will be evidence of intent – if you introduce a “rounding error” system (a la Office Space or Superman 3), the fact that you created the program is evidence of your intent to defraud.  The drafting of papers related to the fraud is evidence of intent.  Your discussions with your victim, in which you mislead them is evidence of intent.  And so on…”

We would also add, publishing false and misleading statements directly related to the fraud and scam is evidence of intent.

In response to an enquiry by Steven B. Krivit, Industrial heat LLC mailed a statement of their support of LENR to many people associated with the field. Krivit published an article as a result called “Industrial Heat’s E-Cat Exit.” Krivit published the response from Industrial Heat LLC. We will copy that statement here with a few of our comments.

According to Krivit these are the questions he asked Vaughn and Darden –

  1. Is Industrial Heat still in partnership with Andrea Rossi?
  2. If not, when did that partnership end?
  3. If not, do any of your companies have pending litigation against Rossi?
  4. If not, does anyone connected with Industrial Heat or your other companies have pending litigation against Rossi?

And here is their response. What is interesting is that all four questions were directly related to Rossi NOT about their viewpoints on “Industry Developments.” The fact that Industrial Heat LLC now remains completely and totally silent concerning Andrea Rossi after heavily promoting Andrea Rossi and his fraudulent e-cat scheme many times in the past, in our opinion, puts Industrial Heat LLC, because of their silence to a direct media request, in the position of being directly connected to the fraud by omission.

Statement of Industrial Heat regarding LENR Industry Developments
March 10, 2016
Industrial Heat’s objective is to make clean, safe and affordable energy available everywhere,
and in doing this we want to build a company that demonstrates respect for all. LENR is a key
focus of Industrial Heat and we believe multiple technologies in this sector warrant further
investigation and development.

How exactly do they plan on building “a company that demonstrates respect for all”? What has this to do with anything LENR related? They now say “warrant further investigation and development,” Is this supposed to mean R&D? But that is not what they said in their PRNewswire release where they were actively trying to get more partners and investors to make and sell e-cats. Here is what they said then – “Companies or organizations interested in partnering with Industrial Heat should reach out to JT Vaughn.”

Industrial Heat has licensed, acquired or invested in several LENR technologies from around
the world. We have developed a group of LENR thought leaders, and we have built a world class
engineering team. We are pleased with the technologies we have assembled and with the
group of scientists and engineers working on them. Presently, the Industrial Heat team is in the
midst of assessing and prioritizing the technologies in our portfolio.

BREAKING NEWS — IN THE PUBLISHING OF THIS ARTICLE TODAY IT CAME TO OUR ATTENTION THAT THE LINK TO THE ARTICLE “industrial-heat-has-acquired-andrea-rossis-e-cat-technology” ON THE PRNEWSWIRE DOES NOT WORK ANYMORE. IT SAYS NOW — Sorry, we couldn’t find that page.
We don’t know if the press release has been removed, or is just temporarily broken. Here is the link.
http://www.prnewswire.com/news-releases/industrial-heat-has-acquired-andrea-rossis-e-cat-technology-241853361.html
So we will link to a PDF copy available for download on Krivit’s site, HERE IS THE LINK.

We will also publish a copy here.

Warship-17-prnewswireIt seems that all they are saying here is that they are “assessing and prioritizing the technologies” whatever that means. Here again look at their PRNewswire release, because in that, which was a call for partners and investors, all they talked about was Andrea Rossi and his magical e-cat that was going to save the world from pollution. Never once did they mention any other company or technology in the release.

It is our OPINION, that Industrial Heat LLC is in over their head with their partnering with the convicted felon Andrea Rossi and his fraud and instead of publicly doing the right thing now, all they are interested in is getting more partners and investors, hoping to make it seem like buying into a bunch of different cold fusion/LENR companies was their plan all along. Which of course is called revisionist history making.

Our operating philosophy is to foster scientific and engineering rigor in the development of
LENR. We will thoroughly assess data derived from sound experiments which we design,
control and monitor. Embracing failure as well as success is important, because we learn from
both.

Their statement “to foster scientific and engineering rigor” is far from the truth when you look at the three different tests and demos they have already been involved with, two with the Rossi’s fraud partner Levi and the incompetent Swedes, and now Rossi’s one year “test” of a bunch of resisters he calls a 1MW e-cat plant.  That is about as far from “rigor” as you can get, without going to someone like those the con artist  Sterling D. Allan promoted on his website before his arrest for child molesting.

Unfortunately, there is a long and continuing pattern of premature proclamations in the LENR
sector. Because of this, we encourage open-minded skepticism. We believe society suffers
when technological advances and innovative experimentation are stifled; likewise, society and
the industry suffer when results are promoted and claims are made without rigorous verification
and precise measurement.

Yes, we agree with the first sentence above, but unfortunately Industrial Heat LLC is doing the same thing with their PRNewswire release and other news releases, they have been doing the same thing they now say is a bad thing. Concerning the rest of this paragraph see our comment above concerning “rigor.” One thing we can say though, is that since Industrial Heat LLC came on the scene heavily promoting Rossi’s fraud and scam, and since  they refuse to have their testers publicly retract shoddy work, and since they refuse to publicly distance themselves from the scam artist Andrea Rossi, they are doing exactly what they claim above makes, “society and the industry suffer.”

We value credibility through sound LENR research. That’s why any claims made about
technologies in our portfolio should only be relied upon if affirmed by Industrial Heat and backed
by reputable third parties who have verified our results in repeated experiments.

No one has seen any credible research from anyone associated with Industrial Heat LLC. So maybe they value it, but they surely are very good at hiding it, even if they even know how to do it.  Industrial Heat is just as secretive about any of their work, as all of the other people working in the cold fusion/LENR field. How can anyone verify anything to do with their company when everything is so secret? Who are these “reputable third parties”? All public information concerning anything Industrial Heat LLC is doing is pure trash, or smooth talking PR.

Our portfolio of work has never been stronger and we remain excited about the potential we
see. This optimism is grounded in more than just hope, yet a great deal of work remains. The
energy challenges of today must be met with viable, clean, safe and affordable solutions

So now are they going to start making all of the same phony and false claims about commercial LENR as all of the other fraudsters working with cold fusion/LENR who claim they have something? Hype, hype, hype, false claim after false claim, it is always coming sooooooon.  In our OPINION the only thing that sets Industrial Heat LLC apart is their smooth talking jive.

If you really want to know what we are talking about read this article called “Green Guru Gone Wrong: William McDonough” http://www.fastcompany.com/1042475/green-guru-gone-wrong-william-mcdonough

You have to read the whole article it gets better as you read.  Oh, and by-the-way, William McDonough is connected to Tom Darden and J. T. Vaughn in so many ways, including the Cherokee / McDonough Challenge.

 

Published on April 2, 2016

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