Is Zenn committing Fraud?

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"

 

Following courtesy of Anto:

Lies Lies Lies By Dick Weir, Tom Weir, Ian Clifford, And Pumping Of EESCAM by Baghead

Since Lyle likes to blog about EESCAM, I would like to remind everyone we went through the same lies and BS in 2008 by Dick Weir, Tom Weir, Ian Clifford, and the pumping of EESCAM by Baghead.

In a blog by Lyle October 27th, 2008 (Update From EEStor CEO Richard Weir: No EESU Delivery in 2008) Dick Weir stated EESCAM will not deliver anything to Zenn 08 due to funding issues. Then Baghead (blogger with bag over his head) pumper of EESCAM posted a blog Wed, 29 Oct 2008 with a bunch of BS pumping EESCAM is scheduled to deliver 08. Baghead wrote:
"Those predicting EEStor tricks were quick to devour GM-Volt.com's recent report that there would be no EESU's delivered in 2008. Many other blogs and even the New York Times (for God's sake) covered this tricky story and cited funding issues as the reason for the delay. Skeptics of EEStor's claims, (many of whom have set up camp at TheEEStory.com) reveled gluttonously in the supposed news indicating it was further proof that EEStor will not deliver on it's claims. But was this pre-halloween celebration a bit premature? Yes.", and commented on the last sentence of the blog, "Attention bloggers and reporters busy correcting your previous stories, don't forget to cite the source.".

YES BAGHEAD, I DIDN'T FORGET THE PEOPLE WHO YOU CITED THE SOURCE OF YOUR LIES AND THE PUMPING OF EESCAM WHICH YOU ARE STILL DOING TILL THIS DAY.

For those of you that are new to the EESCAM story, the following sums up the story, courtesy of Steve Pluvia:
"EEStor is nothing more than a vehicle for a Canadian pump-n-dump, specifically Zenn Motors. Zenn has a powerful Canadian hype team supported by a crooked bucket shop (Paradigm Capital), paid promoters and degenerate gamblers."

20 Days Left In 2009​

 

Hey Fibbie, How is your headache? You must be a newbie Fibbie. We went through the same BS last year with Dick Weir. Tom Weir, Ian Clifford, Baghead, and tvillars. Do you remember this by tvillars, Baghead's right hand man?

EEStor EESU's delivery in 2008 after all? 3-Nov-08 10:34 pm

"Well there is some new info on this. Dick Weir replied to an email from GM-VOLT and said production wasn't going to happen until mid 2009. On the other hand ZMC's spokesperson Catherine Scrimgeour said ZMC remains confident with prior publicly released statements concerning EEStor's progress to date which includes the expected delivery of a production line prototype EESU from EEStor Inc. in 2008. Tom Weir, General Manager and VP of Operations at EEStor Inc, also followed up with the EEStorBlogger after Dick's email and "concurred with this information in a telephone interview today."

Here is the blog post with links to all the sources: EEStor News, Reviews, discussion forums, info on EEStor Ultracapacitor batteries, ZENN Motor Company, ZMC, LightEVS and Lockheed Martin

Mostly likely both parties are right and are just talking about two different things. Dick is talking about volume production and ZMC and Tom Weir are talking about production prototypes which triggers additional payments to EEStor and gives ZMC a chance to further increase their ownership in EEStor."

20 Days Left in December!
​

I hope you have plenty of prescription Motrin, Fibbie.

 

Get your facts straight before posting lies.

In 2006 Ian Clifford lied to Bill Moore of EV World:
“[ZENN president Ian Clifford] He is confident that EEStor will pull the wraps of their mysterious "battery" very soon; his exact word was "imminent" and that I could, in fact, hold my breath for their announcement. "(Bill Moore, EV World, November 29, 2006) Link

In 2007 Ian Clifford from his mouth lied about EESCAM "to deliver production units, the end of calendar 07, they appear to be on track with that" from Ian Clifford's mouth. YOUTUBE video September 2007

Dick Weir started lying in 2004:
"A number of major companies have said they would issue a purchase order quickly if specs are met.
The company is currently seeking equity investment of $3.5 million. A business plan is available." Wed, 05 May 2004 Link

Ian has been lying for over 36 months and Dick longer.

GET YOUR FACTS STRAIGHT!

 

This is how the EESCAM reveal will turn out for 2009 courtesy of Aaron:

"Future Ian Clifford quotes;

BNN Interviewer:
So Mr. Clifford you stated in your last press release that you have received fully functioning components from eestor, can you elaborate on that for the viewers please?

Clifford:
EESSCAM are making great strides with this breakthrough technology and although we are very excited at what they have delivered to us, due to our contractual obligations with eescam we are not at liberty to discuss which components we did receive.

BNN INterviewer:
So you dont have the damn capacitor yet do you?

Ian Clifford:
Do you like my new shirt, its really something eh? Now wheres my 10 million in new funding."
----------------------------------------------------------------
I believe in miracle but not in EESCAM.
Muhahahahahahahahaha!!!

 

Re: Must Read

Read the following...you will get a better understanding of what is going on at this time in the EESTOR/Zenn story.
Link

Zenn=Zenn salesman, Prospect=Zenn potential customer

"The cold calls would be relatively short:
Zenn:"We will soon have this great drive system that you should want to buy. It is powered by EESUs."

Prospect:"What is special about your drive? What are the specifications?"

Zenn:"It's smaller than a house and bigger than a breadbox."

Prospect:"Can you be more specific?"

Zenn:"It uses a battery, well a capacitor that never wears out, charges in three minutes and goes 250 miles on a single charge."

Prospect:"Those are extraordinary claims. Where has this been tested?"

Zenn:"We haven't exactly tested it. Dick Weir tells us that we should be getting the EESUs real soon now."

Prospect:"No one has ever tested this device that you make such amazing claims for?"

Zenn:"We did permittivity tests. The permittivity is really high. And it's stable against temperature."

Prospect:"That's nice. Has the battery or capacitor or whatever you want to call it ever been tested to do the incredible things you claim?"

Zenn:"We have powder purity results. Our, er EEStor's powders are really, really pure. EEStor told us that is important."

Prospect:"You've never seen one of these batteries, have you?"

Zenn:"Dick Weir assures me that EEStor has been making great progress. He's been assembling since June, so you could say he is ahead of schedule."

Prospect:"I am sorry, but do you have anything tangible to show me?"

Zenn:"Well we have the electric drivetrain itself. We were going to put it in our CityZenn cars."

Prospect:"What is special about your drivetrain?"

Zenn:"It is powered by an EESU!"

Prospect:"Which has incredible specifications?"

Zenn:"YES!"

Prospect:"That you have never tested?"

Zenn:"Yes, I mean no, the powder is really pure, and the permittivity is great across temperature, and Dick Weir says ..."

Prospect:"But you have never tested a battery?"

Zenn:"No, we are waiting for commercialization to do that. It's EEStor's secret plan to throw competitors off the scent."

Prospect:"It's a secret plan, but you are telling me this now?"

Zenn:"YES! EEStor has been careful to make sure no one believes them."

Prospect:"I can see how. And you have never tested one of these batteries?"

Zenn:"No, but Dick Weir says ..."

Prospect:"And has anyone else tested any of these batteries?"

Zenn:"Well some bloggers are absolutely convinced that SOMEONE has."

Prospect:"Perhaps EEStor has some test data they would care to share?"

Zenn:"No, they can't do that. You might leak it to one of their competitors, and then they would believe EEStor have what they say."

Prospect:"But you've just told me their plan. Are you telling others their plan?"

Zenn:"Uh, ... maybe."

Prospect:"Well if you're telling people their secret plans those plans are hardly a secret now are they?"

Zenn:"I suppose not."

Prospect:"If what's special about your drive is the battery, what do you provide?"

Zenn:"The ZENNERGY DRIVE!"

Prospect:"And why do I want this drive? What is different? What does it do that is valuable?"

Zenn:"It's powered by the EESU!"

Prospect:"Yes, yes, is there anything else that is special about the drive? Does it have any unique characteristics or specifications?"

Zenn:"We have a Flash animation on our web site."

Prospect:"Could you summarize, apart from the battery you don't yet have, what is special?"

Zenn:"We think the Flash animation is really cool. We have a background in internet art."

Prospect:"Yes, well apart from the animation, what specifications do you have for your drive? Is it cheaper? Is it safer? Does it have a wider operating envelope? Is it more efficient?"

Zenn:"It's a really cool animation. We'll design the drive to your needs."

Prospect:"We already have our own engineering for such projects."

Zenn:"Yes, well, we would want them to design it for us."

Prospect:"I beg your pardon?"

Zenn:"Your design team, we would want them to design the Zennergy drive for us. Then we would have someone else make it, and you would buy it from us."

Prospect:"And we would do this, why?"

Zenn:"Because the Zennergy Drive is the ONLY way to get an EESU for cars under 1400 pounds. We have the exclusive license for that! We will only sell you the battery if you buy it as part of the Zennergy Drive!"

Prospect:"Let me try to understand this. You want me to engineer your product that you don't have, so that I can buy it with a battery in it that you also don't make and don't have, that you say does incredible things, but which you have no objective evidence for?"

Zenn:"YES!"

Prospect:"Listen, I've got to be going. Uh, why don't you, uh well tell you what when you've got a battery to show, call my assistant."

Zenn:"You don't want to wait Dick Weir says we'll have a battery real soon. We're betting our company on it!"

Prospect:"I've really got to go.""

Posted by Penny Gruber on theestory.com.