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Andrea Rossi’s E-cat Project Began with Intentional False and Misleading Statements

 

Published on April 11, 2016

So Rossi went full circle, starting his scam with a phony e-cat in a factory operating 24 hours a day, to ending his scam with a phony e-cat going 24 hours a day in another supposed “factory.”

While the website is being redesigned and with some articles being re-written, and while we are waiting for the publishing of our magnum opus “How to Tell if a Free Energy Project is a Scam or Fraud,” which is based on Andrea Rossi’s fraudulent e-cat scheme, we will take the time to send a few tidbits your way. This article is one such morsel that goes to the very heart and first steps in Rossi’s e-cat fraud. The courts have ruled over and over that when someone is trying to get money from people, for any type of project, or for any purpose, and they publish false and misleading statements relating to that project or purpose, that is not only fraud but the fact of the publication itself shows “intent” to defraud. Intent is a key component of every criminal fraud case and many civil fraud cases. Very simple really.

But like everything else, once the lawyers get involved they question everything, resulting in thousands of court cases that going into detail covering every word of any law and how it applies to each particular case.

We must put this article in context, which is easy looking back now. Rossi had just recently gained his freedom from his 8 year prison sentence for his part in a fraudulent bankruptcy, which was a part of his failed and fraudulent Petroldragon scheme. Rossi claims that it was his many years in prison that gave him the time to study, resulting in his next project, the e-cat. Rossi contacted Piantelli, who it seems, did not want Rossi for a partner, who then sent Rossi over to see Sergio Focardi who was retired, but by this time late 2007 or early 2008, Focardi was already a very sick man. Focardi passed away only a few years later in 2013 after a long illness. It is our belief that Rossi conning an old sick man with a failed dream to make commercial cold fusion work, was the most despicable part of this whole e-cat fraud scheme.

Although the old and sickly Focardi was an easy mark to trick and deceive for the professional con-artist Rossi, all the world could see in these very early years, except for a handful of critics, was that one of the most prestigious professors in Italy, who had co-authored a few cold fusion articles published in real science journals, had partnered with a newcomer in the field, and they were claiming they had commercial ready cold fusion technology. In fact they were claiming 1MW plants were for sale.

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Nothing on this website is, or should be taken as legal advice, all material is for informational purposes only. If a person wants to file a criminal or civil complaint please contact the proper authorities or legal counsel for help and instructions, just beware of timelines and cut off dates. If anyone needs copies of any original material referenced here, we will gladly provide unedited, original copies of any source material used for articles on this website, but only at the request of the proper authorities, and/or attorneys.

 

The First False and Misleading Statements by Andrea Rossi.

 

On April 9, 2008, Andrea Rossi filed a patent application in Italy. The patent application was published on October 10, 2009, and the patent was issued on April 6, 2011. The title of the patent was –
“Process and apparatus for obtaining exothermic reactions, in particular from nickel and hydrogen.”

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Anyone who has read this patent, including our patent attorney in Italy, knows this patent is worthless because it does not provide enough information for anyone to make a working copy. Here is a link to the 15 claims in the original Italian patent. http://worldwide.espacenet.com/publicationDetails/claims;jsessionid=lRo7EgYF8+TeYwEvXF8yGWvM.espacenet_levelx_prod_3?CC=IT&NR=MI20080629A1&KC=A1&FT=D&ND=&date=20091010&DB=EPODOC&locale=en_EP

On August 4, 2008, Rossi filed a PCT/EP patent application based on the Italian patent application.
WO 2009125444 A1 and EP 2259998 A1. Rossi continued the 15 claims in the PCT/EP application.

One year later on August 4, 2009, Rossi filed a patent application with the USPTO. “Method and apparatus for carrying out nickel and hydrogen exothermal reaction” US 20110005506 A1. By the time Rossi filed the USPTO patent application he had reduced the claims to only 10.

All of the PCT/EP/USPTO patent applications were based on the original Italian patent application, using that application for a priority date.

But the claims in all three of these patent applications are not what interests us. What we are concerned about is the big lie and the misleading statements that are in each and every one of them.

Here is the statement in the original Italian patent application:

RL-2Here is the same statement in the PCT/EP patent application:

A practical embodiment of the inventive apparatus, installed on October 16, 2007, is at present perfectly operating 24 hours per day, and provides an amount of heat sufficient to heat the factory of the Company EON of via Carlo Ragazzi 18, at Bondeno (Province of Ferrara).

Here is the same statement in the USPTO patent application:

RL-3

This statement in all three applications is not in the claims, it is in the description of the device. This statement could be removed and it would not change the technical information in the applications in any way. This statement, in our opinion, was put in there for only two reasons. 1) Rossi was hoping each patent office might use this statement as some kind of verification the device had been reduced to practical use, thereby helping to obtain a patent if they believed him. 2) In everyone of Rossi’s frauds and scams he starts off with a patent application. Rossi used this statement in the patent application for the e-cat scam so when people, (marks – people Rossi was trying to get money from), read the patent application, not knowing any better thinking everything in a patent application is true, will think this is amazing, it works, this tech is heating a factory right now.

One other point needs to be made. Since this statement does not need to be in the patent application and since the USPTO application was filed 16 months after the other two, if the device was not at the time of the filing heating the factory, Rossi could have changed the wording to reflect that, but he did not change anything. So Rossi filed a patent application with the USPTO, under oath, saying that an e-cat had been operating 24 hours a day for over 22 months heating a factory in Italy, and was still in operation, putting out the heat 24 hours a day.

This was a false and misleading statement by Rossi at the very start of his e-cat scam.

Why do we say this was a false and misleading statement you ask? Here we go, please follow along. This proof will be to the civil standard of “more than likely.”

  1. Stop and think for a minute what is being said here, what Rossi is claiming. Rossi is claiming that for the first time in the history of the world, and for the first time since the famous 1989 Fleischmann and Pons news conference, a cold fusion/LENR device is not only working 24 hours a day, but is working at a true commercial level – heating a factory!! All Fleischmann and Pons ever presented was a test tube type experimental device. If Rossi’s factory device, working 24 hours a day for over 22 months had been presented to the world, after verification, Rossi would have been nominated for a Noble Prize, had immediate access to $billions for manufacturing, and numerous offers from all the billionaires and major players in the world. Players much more influential than the ones Rossi did claim as partners like National Instruments, or Industrial Heat LLC, who Rossi is now embroiled with in a major civil lawsuit.
  2. We cannot imagine anyone keeping something like this secret for so long.
  3. There is no verification from any other source that these statements in the patent applications are true.
  4. There are no pictures of this mind boggling installation. Nor anyone who claims to have pictures.
  5. There are no records or even a report with any data that supports this claim.
  6. When Rossi started his phony deceptive website, JONP, one of the reasons was to have a place to publish the terrible paper written by Focardi and Rossi, dated March 22, 2010, called “A new energy source from nuclear fusion.”  A side note – everything connected to Rossi has discrepancies – notice the two different dates on the Rossi/Focardi paper. The website version says it was posted on February 28, 2010, but the PDF version you can download has a date of March 22, 2010.  We believe we know why but that is immaterial for this article.
  7. In the Rossi/Focardi paper there is no mention of the device that Rossi claimed was heating a factory 24 hours a day. Even if the factory device had stopped working sometime between the filing of the USPTO patent application on August 4, 2009, and the date of the publication of their paper on the web, February 28, 2010, only 7 months later, you would think it would have still been covered in their paper, right? We mean it was so important it was put into 3 patent applications.
  8. The factory of EON was mentioned in both versions of the Rossi/Focardi paper, although that paragraph was changed between the two versions of the paper. Here are the two versions, showing all that is said in both versions.
    Here is the paragraph in the online version on JONP –
    RL-4
  9. Here is the same paragraph in PDF download version –
    RL-5
  10. Notice that the only thing mentioned in the 2 paragraphs above concerning the factory, was a one day test – “in the factory of EON in Bondeno (Ferrara, Italy) in a test performed with ENEL spa on June, 25th 2009.” Why no mention of the device heating the factory for over 22 months? We know why, it was all a lie. There is no proof, data, reports, pictures or anything else about the claimed one day test on June 25, 2009, except the claim by Rossi.
  11. The careful reader will notice there are three dates in the 2 paragraphs above — all in 2009. The careful reader will also see that the claimed date of the test at the factory June 25, 2009, was just about 1 month before the filing date of the USPTO patent application on August 4, 2009, within which Rossi claimed the device at the factory was working hard 24 hours a day.
  12. So Rossi thought it was important to put the info about the factory heater in three patent applications, but was not important enough to put into the Rossi/Focardi paper, even though Rossi was claiming it was working 24 hours a day, even at the time of the supposed one day test? And the whole purpose of the paper was to try and prove they had tested, verified and was ready to sell e-cats, right? Or was it just to get gullible investors? Maybe Focardi forced Rossi to take that part out as it was too unbelievable. We don’t believe it, not for one second.
  13. In the Rossi/Focardi paper they list some of their early tests. The date of the first test they show as taking place on May 28, 2008. The first three tests they show as one day tests all taking place in 2008.
  14. Here is another thing to take into consideration, before someone should say they will believe anything Rossi says as gospel, no matter what.
  15. Focardi had another chance to set the record straight about what happened at Ferrara. In October 2011, Focardi, in an attempt to lure investors for Rossi just before their infamous October 28, 2011 dog and pony show, gave a talk for TEDx at Bologna, Italy. Here is a link to the official website where you can watch the presentation, scroll down –
    http://www.tedxbologna.com/en/video.htm
    Here is a link to a version with English subtitles.
    https://www.youtube.com/watch?v=oidcM_UMgVk
  16. In that talk Focardi presented pictures of all three of their first tests. Focardi had a slide we will copy below, the first line of the slide says –
    16 ottoere 2007 prirmi dati sperimental
    October 16, 2007 the first experimental data
    We have shown above this was the date Rossi claimed in the three patent applications that he started the device to heat the factory 24 hours a day, but this date is not mentioned in the Rossi/Focardi paper. As a matter of fact this conflicts with the date in their paper that says the date of the first experiment was May 28, 2008. And if there was any “experimental data” as Focardi claims in his TEDx talk, then why has nobody seen it?RL-6
  17. Focardi calls the first experiment very “crude.” Remember that to believe Rossi, the reader must also believe that all of the time this experimenting was going on with these crude devices that Focardi presented pictures of during his speech, Rossi was heating a factory with a commercial version based on these same devices 24 hours a day. But there are no pictures of that device? Yeah, right! Watch the video to see the pictures of the three crude devices. Here is a picture of one of them.RL-7
  18.  If you thought that would be the end you don’t know Rossi very well. Rossi has gone full circle with his e-cat fraud scheme. Rossi started with the claim of using a commercial device working in a factory 24 hours a day, and he ended with a claim of a device working in a factory 24 hours a day. Of course what really happened during the last year test may come out in the lawsuit filed in civil court between Rossi and Industrial Heat LLC, that case will be interesting if nothing else.

We could go on and quote many more interviews, documents, etc, but we have already shown that it is more likely than not that Rossi’s claim is false and is misleading. But to finish this section we will quote a few comments by Rossi from his JONP blog.

Andrea Rossi
April 29th, 2010 at 9:46 AM
“[…] We not just made models and calculations, but we made apparatuses which are working from 2 years now. What we are working on is no more an ‘experimental set’, as you wrongly wrote, it is an apparatus which heats up a factory and of which we are organizing the industrialization. I understand you get fun, we don’t: we work on this in a factory totally dedicated to this, and we are pretty good at, as you soon will see. In our team there are Nuclear Physics University professors, with experience from CERN of Geneva, INFN, etc., etc.”[…]

 

RL-8

Andrea Rossi
May 6th, 2010 at 9:37 AM
[…]”Maybe the theoretical interpretation we made is wrong, maybe we will discover that the energy has other motivations, but this is the actual fact: the apparatus is producing more energy than it consumes and is making it without determining radiations ouside the reactor. This is the fact. This fact has been made fror a couple of years as of today, in a factory, producing heat which has been used and which has allowed to the factory which used it to save 90% in the energy bill. And as, at last, we have understood why the hornet flies, I am sure we also will understand better and more precisely why the patented apparatus works,”[…]

 

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Andrea Rossi
June 6th, 2010 at 8:08 AM
[…]“Now, it’s time for the wannabes to pass from chatters to facts: make a real reactor able, as my one did for years, to give energy to a factory, I mean megawatts, not watts. My reactor has been tested from some of the most important scientists of the world and from major industries in the power production sector, and after the tests they have bought from Leonardo Corporation, the Company who is filing a suit against you for patent infringement, real reactors, not chatters and wannabe stuff. Copy them, if you are able to . Form now stop chatters on this issue, at least from me. I have real work to do, and you “patent” is matter of work for Leonardo’s attorneys, not for me.”

 

RL-8

Published on April 11, 2016

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