Is Zenn committing Fraud?

[Steve321]

The following is by Rudyard Istvan of NanoCarbons, an expert in ultracapacitors, successful businessman, and an attorney. He knows what he is talking about. RI does not hide behind secrecy and or a bag. He believes EESTor will not work, and believes Zenn could be held liable for fraud:

"Since EE-Tom could not resist returning, I thought I would return briefly post a capsule summary of the past couple of months of the debate.
EE-Tom has republished the mathematics showing it cannot be done as described. Critics plug in their own numbers, and lo! it cannot be done.
So the search for exotic other mechanisms continues, mostly by folks who proudly say they are not SMEs. While the all-knowing DW says no new physics is involved.
Weir himself says no high voltage component level testing. That is daft. Reason is that with processes requiring PPB/PPT purity, yield is never close enough to perfect to not have to test every component. Ask Intel or anybody in the high quality ceramic cap business. As to whether any components have been tested, as claimed in the patents (and doing so is good for the doctrine of enablement if you are claiming amazing things like EEStor), if they were, they have mysteriously disappeared and Zenn says has not seen them. Or, the data is faulty (as leakage current per leading cermic cap physicist for one of worlds largest suppliers, who refuses to post on this forum out of fear for his professional reputation as a leading scientist in the area), or faked, as the inverse of heteroskedasticy would suggest for permittivity at voltage. Weir may know know that much mathematical statistics.
The economic arguments previously posted are still largely ignored here. Either failure to produce an EESU (most likely scenario) or failure to produce one economically (at some cost less than the price of the car-say $30K to$40k) is 'fatal' to Zenn.

As to actionability of statements, will be an interesting legal mess. Whether EEStor itself will be culpable can be argued on both sides. But there can be no question that Zenn is liable for either misrepresentation, or breach of fiduciary duty, or both. They are held to 'know or should have known' standards. And when the head of engineering says he doesn't understand, or just trusts IC and DW, the 'should have known' part fails. That is on record on this site, and was the point that I checked out after pointing out the near certainty that Zenn had backed themselves into a corner wherewhether or not at the beginning they were naive, after the postings on this site they had no choice but to commit "fraud" (in the general securities sense, not literally, as this is not a legal brief) in order to double their story stock price to raise more funds. All pointed out two months ago.
As to whom you would want to review, get a ceramic cap person or a good condensed matter physicist, as EE-Tom may be. Dr. John R. Miller, Dr. Andy Burke, Dr. Koetz of PSI in Switzerland, and I are all ultracap experts. And all of us except Ruediger are already on record on this site as saying EEStor makes no sense. Meanwhile, ucaps are going into half a million micro hydrid autos in Europe My 2010, are in most wind turbines, and will be going into heavy vehicles (Mack NYC garbage truck, OshKosh military vehicles via ProPulse) within the next twelve months.

Separately, everything about pan flu that was predicted two months ago is now true.
Global mortality as predicted by ECDC is 0.59% (0.7% in the U.S.) as of 7/24, vaccine production is 30% of planned, and two doses are now needed because of impotency of the antigens. That means effective production is 15% of planned. Keeps one busy.
NanoCarbons"

[brick]

Just imagine, somewhere deep in EEstor labs lies a critical piece of hardware known affectionately as "the sillyscope." Little do the scientists know it's been set to the wrong range for three years...

[Fibb222]

Nice try Steve.

[efusco]

Steve, can you put out a version a 5th grade mind like mine could understand here?
While I think I get the gist (EEstor has promised a product it currently doesn't have and many dispute being physically possible), I got a bit lost in those first two "paragraphs/sections" I'm not intimately familiar with the key players and don't quite grasp what part of what they've done or promissed you feel is actionable. Can you spell it out much more simply?

[kenmce]

Steve321,

If I may paraphrase efusco, you need to add an introductory paragraph to your post where you introduce us to the players and the issues you are referring to, and perhaps a closing summary that states in clear english what the disagreement is. This business with a long string of text underlined and printed in red is excessive. Also, I don't understand why you would drag allegations about flu vaccines into a car thread. If you have flu questions, open a flu thread.

[Fibb222]

Steve's pulled some posts over from theEEStory.com and pasted them in here. There is no context and it's confusing for people.

[DaveinOlyWA]

experts also stated

"the world is flat"
"nothing heavier than air can fly"
"the sound barrier is impenetrable"

the list goes on and on. so we can either limit our quest for knowledge based on recommendations by "experts" or continue to "go out and do something wonderful" (a favorite statement made by another person who did something "impossible")


**edit**

quote attributed to Robert Noyce, co-founder and first CEO of intel.

heck, why look beyond what is in our face. we drive something that many said was impossible to do well or cheaply and despite everyone's best effort to duplicate or exceed it's achievements, there is still no peers... The Prius stands alone.

[Zythryn]

There is no problem being open to new ideas. The issue with Zenn is they keep promising and so far, have really failed to deliver.
Now, if they are getting investors by telling them something like 'we will deliver a fast charge large scale battery usable in highway capable vehicles in 2009' and then don't. Well, that would be grounds for charges of fraud.
Please note, I don't know what they have said, or when. I simply am trying to say that just because you are open minded doesn't mean you won't be a victim of fraud.