Features
•
The Four Horsemen of Andrea Rossi's E-CatLithium Iron Nickel Hydrogen
• News:E-Cat Fuel Analysis and Validation Paper Posted October 8, 2014
• Directory:Examples of Resonance
• QMoGen by TechnologiesInfinity
• Nuri Temurlenk witnesses EKA 30 kW QMoGen
• Best Home Power QMoGen Contenders



 "Free Energy" 

News XML
- PESN Specials
- About
- Pure Energy Blog
- Daily FE News
- Features
- Free Energy Now
- This Week in FE
- Newsletter
- How you can help
- Submit  
- Subscribe

 

Directory
Energy Topics

• Alt Fuels
• Anti-Gravity
• Batteries
• Betavoltaic
• Biofuels
 - BioDiesel
 - BioElectricity
 - Biomass
• Body Electric
• Brown's Gas
• Cold Fusion
• Conservation
• Electrolysis
• Electromagnetic OU
• Fuel Cells
• Fuel Efficiency
 - Electric Vehicles
 - Engines
 - Hydroxy
• Fusion
• Geothermal
• Gravity Motors
• Human Powered
• Hydro
• Hydrogen
• Joe Cells
• Lighting
• Magnet Motors
• Nanotechnology
• Nuclear
• Nucl. Remediation
• Oil
• Piezoelectric
• Plasma
• River
• Salt Water Mix
• Solar
• Solid State Gen.
• Tesla Turbines
• Thermal Electric
• Tidal
• Vortex
• Waste to Energy
• Water
 - Water as Fuel
• Wave
• Wind
• Wireless Electricity
• Zero Point Energy
• MORE . . .

Open Source
• Freddy's Cell
• Bedini SG
• Safe Haven Villages
• MORE . . .

Resources
• Awards
• Conservation
• Conspiracy
• Directories
• Investment
• Kudos
• Legal
• Organizations
• Plastic and Energy
• Recycling
• Suppression
• Tools
• Trends
• MORE . . .

Mingling
• OverUnity Forum
• Employment
• Events
• Humor
• Magazines
• Movies
• Newsletters
• Discuss. Groups

Shopping
• Store
• Buyer Beware
- - - - - - - - - -
- Donate
- Contact

 

 

 


http://pesn.com/2009/02/13/9501523_Dennis_Lee_victorious_against_FTC/
You are here:
PureEnergySystems.com > News > February 13, 2009

Dennis Lee and Dutchman Win Round Against FTC

In a major victory for the science of hydrogen-boost related systems, Dennis Lee and Dutchman Enterprises were exonerated after a month of being shut down by an FTC temporary restraining order for their super-mileage claims.

by Sterling D. Allan
Pure Energy Systems News
Copyright © 2009


Dennis Lee

The Hydro Assist Fuel Cell kit combines three fuel saving technologies along with a sophisticated computerized emission system optimizer. It includes 1) an electrolysis unit for on-board hydrogen injection; 2) a vaporizer/ionizer using magnets; and 3) additives that include acetone and xylene.
The Hydro Assist Fuel Cell kit combines three fuel saving technologies along with a sophisticated computerized emission system optimizer. It includes 1) an electrolysis unit for on-board hydrogen injection; 2) a vaporizer/ionizer using magnets; and 3) additives that include acetone and xylene.

Jim Murray and Paul Babcock's 4790% SERPS Presentation

Ignition Secrets DVD by Aaron Murakami 

A&P Electronic Media


Magnetic Energy Secrets, Paul Babcock, Parts 1 & 2

Battery Secrets by Peter Lindemann

 


After a month of having their assets and website frozen by a US Federal Trade Commission (FTC) injunction, Dennis Lee and Dutchman Enterprises were exonerated Wednesday by NJ Federal Judge, Michael Shipp who ruled in favor of Lee and Dutchman, who have been selling a "Hydrogen Assist Fuel Cell" (HAFC) that they "guarantee" to improve mileage by at least 50%. Lee is free of all encumbrances.

In a thirteen page statement meticulously explaining his reasons, the judge apparently pointed out that the FTC's charge was inadequate, and that the expert witness opinion by FTC's physicist, Dr. Halperin, was trumped by the internal combustion expert witness who spoke in defense of Dutchman.  The physicist who the FTC produced as a key witness, was not an expert in internal combustion engines, and had given his opinion that the claims being made by Lee's group were "impossible" to achieve.  The judge pointed out that Halperin  never had gotten a HAFC kit, never put it together, never tested it, never ran data.  The defense, on the other hand, had produced a great deal of evidence in support of their claim, with an expert witness who specializes in internal combustion engines.

The overwhelming number of positive testimonies, the "Orange Test" before-and-after documentation and the ironclad affidavit swayed the judge to quickly decide that Dutchman Enterprises was indeed being unjustly railroaded.  Kurt Anaheim, a dealer of the HAFC kit, says that they have seen "hundreds if not thousands of gasoline powered cars and trucks getting 50% or more mileage gain". (Ref.) 

Dr. Halperin admitted to Dutchman's attorney that he does not have a Ph.D. in engine technology, and acknowledged that his expertise and his report was based on his background in Cryogenics. In continued cross examination, the attorney asked Halperin other questions revealing that Halperin knew very little about how an internal combustion engine worked, and in particular had no knowledge of the very short period of time there is to get energy out of the fuel while it's burning in the piston chamber during the power stroke of the engine, or that this is the only time the burn puts any power to the wheels. (Ref.)

Regarding the "expert" testimony that such mileage improvements were "impossible," one of the points that Lee's defense argued to the judge was something to the effect: "Do you think the President of the United States and his advisors don't know what they're talking about when they call for an increase in the mileage of the nation's vehicles, expecting at least a 10 mpg improvement?"

Anaheim says: "Our Hydro Assist Fuel Cell technology prepares and volatizes the fuel prior to burning so that it burns more completely during that short duration of the power stroke, producing more power, which we are able to convert to economy, while reducing pollution." (Ref.)

In a conference call last night with his extensive network, Lee took three hours to describe the situation: what led up to it, how it unfolded, the ramifications for himself and the company, then taking questions from his listeners.

"We tore him up on the stand," he said, regarding the "expert" physicist witness.

This is only the second time in New Jersey's history that the FTC has lost a case.  What makes this more astonishing is the extent to which they tied Lee and Dutchman's hands behind their backs, even going so far as freezing Lee's personal bank account.  In the process of interviewing lawyers for his defense, Lee recounted how one after another would cower in fear, telling him there is no way he could win against the FTC -- that the FTC always gets their way, even if they're wrong. "All you had to do was say 'FTC', and lawyers were shaking in their boots."

Lee, who has been in court twelve times now, but who has never had a trial by jury, remarked that finally he had experienced justice being served, not miscarried.

Since at least the early 1990s, Lee has been having one run-in after another with government agencies who accuse him of some kind of fraud, yet who have never proven the same in a court of law.  He views these actions as being inspired by the good ol' boy's club, in bed with big oil and the auto makers to suppress the emergence of technologies that move us toward kicking our addiction to oil.  So with this case victory, he said, "It's always nice to win against the DC Mafia".

Lee expects that the FTC will try to appeal this, to save face; and he said he is prepared to go the distance. He told those on the call: "You and I should be unrelenting.  The truth for me is worth dying for.  There is nothing they can threaten me with that will cause me to bend my knee to injustice."

At the same time, he said he is prepared to offer the FTC a graceful way to back out, admitting that they had made a mistake -- in which case Lee would stand down.  "The smartest thing they could do is say, 'We made a mistake, we got a guy..., he screwed up, we're going to back down."

But if they persist, he is prepared to file a class action suit on behalf of all his dealers and himself who have been seriously financially impaired by the temporary injunction, as well as maligned. 

Dutchmann took a major hit in the process, losing $750,000 USD in an inventory fire sale.  They now have nothing.  However, that will not keep the dealers from being able to move forward, due to the way the company was set up, thanks to a sister company that is able to keep things rolling.

Lee is willing to forgive the $750k loss if the FTC will admit its mistake and go away so they can get on with their business.  "Dutchman isn't in this for the money. It won't go after the money if we can just get on with life."  He said he actually looks forward to getting out among the car dealerships and mechanic training classes to help promote the technology on the ground.

Lee emphasized the many inconveniences caused by the month-long injunction, with employees not being paid, dealers almost losing their livelihood, suppliers not being paid, manufacturers not being paid -- and everyone being treated with suspicion as if they were part of some scam.  "We have a strong case for slander ... and possibly malfeasance."  Lee reported that in the process of this action, agents had taken proprietary documents not related to this case.

"They accuse us of misrepresentation, yet they themselves are guilty of misrepresentation."

Assets were frozen and all sales had to be stopped, and the company was virtually decimated.  Yesterday, with the funds being unfrozen, Lee immediately paid his employees, and sales are commencing.  The PICC website was taken down, but it will be back up today, paradoxically Friday the 13th, with the details of this judgment.

There are around 100 manufactures who have "plenty" of HAFC kits for distribution. The "Genesis Project", which will be carrying the torch, is owned by the dealers.

# # #

Hon. Michael A. Shipp - Receives The Roger M. Yancey Award

(2:07; GardenStateBar via YouTube; Oct. 5, 2008)
The Honorable Michael A. Shipp, who heard the FTC v. Lee situation and ruled in Lee's favor is the first black to become US Magistrate. Judge. 


SOURCES:

ADDITIONAL RESOURCES:

ACKNOWLEDGEMENTS:

Thanks to NEC members, Robert Pritchett and Sepp Hasslberger for their writing and editing assistance.


Judge's Decision

Excerpts of interest from the Decision, compiled by Ken Rasmussen of Commutefaster.com

  • "Probable cause does not exist to believe that the statute in question is being violated." 
    "Third, and not insignificantly, Dr. Halperin never physically examined the HAFC at issue in this case." 
  • "... the Court did not find Dr. Halperin's testimony persuasive as it related to the internal combustion engine. While Court acknowledges that at times experts may cross-over fields, the attempted cross-over in present case was not appropriate considering all the factors discussed. This case clearly deals with internal combustion engines and Dr. Halperin's testimony failed to convince the Court that probable cause exists to believe that the statute in question is being violated." 
  • "The FTC suggests the 'orange' test is not 'an accepted, reliable scientific protocol for fuel economy tests.' (Pl.'s Replay Br at 13). However, any critique of this testing process was conspicuously absent from Dr. Halperin's sworn hearing testimony." 
    "Fourth, Dr. Halperin actually agrees that adding hydrogen to fuel, which is what the HAFC purportedly does, could increase fuel efficiency." 
  • "... not a single complaining consumer has come forward demanding relief speaks directly to the minimal, if any, harm to public interests..." 

Feedback

Judge Confused

On Feb. 13, 2008, New Energy Congress member, Eric Krieg wrote:

I think the new judge screwed up and made a mistake - he confused volume for quantity in the evidence. A real test would be what they have been avoiding for a whole year - credible witnesses first hand doing a mileage test with no tricks. I have so far failed to convince anyone to do this - but the cult is programmed to have nothing to do with me. Maybe you can get one of the thousands of happy customers to do a demo for you or someone from the press. Unfortunately, courts aren't set up for that sort of test. Dennis is very good at evading the law. I don't know what the FTC will do for now - it is only a loss of the restraining order not necessarily a stoppage of all prosecution.

- - - -

On Feb. 13, 2008, NEC founder, Sterling Allan responded:

From what I understand, there have been hundreds of credible tests run, in which a very carefully measured "before" series of tests are run, followed by and "after" series of tests under the same conditions.  The Dutchman guys call this the "orange" test.  I don't know what you find problematic about that.  It's what I would do if I were the one doing the test -- something I've actually done with another mileage product.

Have you ever tested the HAFC yourself?

- - - -

On Feb. 13, 2008, Eric Krieg responded:

The only reason I haven't tested hafc is that scores of people I have contacted who claim the high mileage won't allow me to test. [...] I have emailed probably at least 50 different people connected in all various ways: dealer, rep, promoter, installer, trainer, customer, recruiter, etc - none of them will work with me to set up a proper test. My #1 page makes this very clear.  I've also told these people: "If Dennis says you can't work with me, fine - talk to your small time newspaper or TV reporter - I can tell them how to do a proper test."  Again, they won't do this either.

- - - -

On Feb. 13, 2008, NEC founder, Sterling Allan responded:

Have you ever just gone to a purchase page and bought one to test?

How about you buy one and test it for yourself, and we'll publish your results. Document everything via photo and video, to show that you followed the instructions.

- - - -

On Feb. 13, 2008, Eric Krieg responded:

I don't want to lose my money and be accused of intentionally making it not work. A group I know bought one and had it installed by the best people, and it didn't work.  I have heard this kind of story a lot. 

Sterling, the burden of proof should be on the claimant. I can't prove Santa or fairies don't exist.

I'll get documentation on the one that failed. I saw the bill for - total cost around 2 grand - but Dennis will make excuses - he always does. It should be easy to get one of the happy customers to show us. I'm willing to fly out on the word of a media person who I would groom to do such a test. If I see it work, I will give them a grand and the person that talks them into it a grand - but then I would do a 180 and heavily promote hafc and work on the science and media community to help get the ftc off their backs.

Right now, credibility stands between them and lots of sales - why would all of them refuse the opportunity to stop being viewed as crooks?

* * * *

Way to Go, Dennis

On Feb. 13, 2008, NEC founder, Sepp Hasslberger responded:

I am happy to see the case come out this way. The FTC really does need to be put in its place.  Good for Dennis Lee for standing up to them.

* * * *

FTC Broke Constitutional Law

On Feb. 20, 2009, NEC member, Ken Rasmussen wrote:

I recommend everyone read both the blog I just posted at my site and Dutchman's full statement before we get into a p****ing war here based solely on personalities.
http://energyblog.commutefaster.com/ 

http://www.commutefaster.com/LetterforPICCquotelist2-19-2009.pdf 

The HAFC is not and never has been ONLY hydrogen boost. I have said REPEATEDLY the thing that makes it DRASTICALLY DIFFERENT IS THE OPTIMIZER that CORRECT ERRORS MADE BY THE CAR'S COMPUTER. AND NOT ONE OTHER HYDROGEN BOOST MANUFACTURER HAS THAT.

The FTC BROKE CONSTITUTIONAL LAW IN THIS COUNTRY BY DENYING THE DEFENDANT LEGAL COUNCIL PRIOR TO DEPOSITION. That is not permissible for any reason. 

The blatantly political attack HAD NOTHING WHATSOEVER TO DO WITH THE HAFC PERFORMANCE CLAIMS. IT WAS BLATANT ENERGY TECHNOLOGY SUPPRESSION. Period.

People have been hurt severely by this criminal act and I will not stand by and watch stupidity and criminal malice let it continue.

* * * *

On Feb. 21, 2009, NEC member, Fran Giroux wrote:

Hydrogen Boost was the first to use an electronic control circuit other than the EFIE from Eagle Research, and even though it is a simpler circuit than that of the HAFC, it has been in use for years and has been “copied” by many others. Yes we have also played with modifying the signals from other sensors as well (as documented in our 2005 patent application) but have kept the circuit as simple as practical. 

I commend Dennis and Ken and others on their attempts to improve upon Hydrogen Boost and I congratulate Dennis on standing up to the FTC. But I still want to SEE the DECISION. Ken, could you get it up on the Internet so all can comment on the real outcome instead of commenting on second and third hand information?

* * * *

Court Irregularities

On Feb. 21, 2009, NEC member, Ken Rasmussen wrote:

My apologies for overlooking your system. Each product will stand on its own merit.

If you have not had time to read my blog, the FTC spooks made sure NO COURT STENOGRAPHER WAS PRESENT, AND WE ARE TOLD THE COURT'S AUDIO SYSTEM FAILED. What fool believes that? So all records of what actually happened was destroyed. We all have to guess who. I sure don't have to ponder that very long.

All of us here WANT TO SEE DATA. FTC DISALLOWED DATA! Why? It was character assassination/suppression, plain and simple. They had no intention of allowing a clean energy technology to see the light of day. I open my blog listing about a dozen LIFE THREATENING atrocities FTC is guilty of complacency on, yet they use an iron boot against Dennis Lee.

* * * *

Case is Not Over Yet

On Feb. 23, 2009, NEC member, Fran Giroux wrote:

I have signed up for PACER (Public Access to Court Electronic Records) and searched the records for the FTC vs. Dutchman Enterprises case and have access to all recorded documents.  Following is the history of the case.  Notice that the case is not over.  The “Hearing” that Dennis reported on as his great victory was the “Preliminary Injunction Hearing” of February 5, 2009 as referenced in the Brief filed the next day (attached).  Though it was indeed a temporary victory because of the unpreparedness of the FTC, and the “expert” witness of Dutchman Enterprises, please be advised that the scat is still on its way to the fan and the case is not closed.  The trial has not been held and Dutchman does indeed still need our prayers.  If you want updates on the proceeding of the case you can sign up for PACER at http://pacer.psc.uscourts.gov/ .  You can learn about how the system works by reading the PACER manual at  http://pacer.psc.uscourts.gov/documents/pacermanual.pdf .

Please pass on my congratulations to Dennis but tell him I am still praying for him to have justice in court.

2:09-cv-00141-FSH-MAS FEDERAL TRADE COMMISSION v. DUTCHMAN ENTERPRISES, LLC et al
Faith S. Hochberg, presiding
Michael A. Shipp, referral
Date filed: 01/12/2009
Date of last filing: 02/20/2009

History

Doc.
No.

Dates

Description

1

Filed:

01/12/2009

Entered:

01/13/2009

Complaint

3

Filed:

01/12/2009

Entered:

01/14/2009

Motion for TRO

4

Filed:

01/12/2009

Entered:

01/14/2009

Terminated:

01/14/2009

Motion to Seal Case

2

Filed & Entered: 

01/14/2009

Summons Issued

5

Filed & Entered: 

01/14/2009

Temporary Restraining Order

--

Filed & Entered: 

01/20/2009

Remark

6

Filed & Entered: 

01/20/2009

Order

7

Filed:

01/21/2009

Entered:

01/23/2009

Response (NOT Motion)

9

Filed:

01/22/2009

Entered:

01/23/2009

Exhibit (to Document)

--

Filed & Entered: 

01/23/2009

Set/Reset Motion and R&R Deadlines/Hearings

--

Filed:

01/23/2009

Entered:

01/26/2009

Status Conference

8

Filed & Entered: 

01/23/2009

Order

10

Filed & Entered: 

01/26/2009

Order

11

Filed:

01/26/2009

Entered:

01/27/2009

Miscellaneous Hearing

12

Filed:

01/26/2009

Entered:

01/28/2009

Application/Petition

13

Filed & Entered: 

01/28/2009

Order

14

Filed & Entered: 

01/28/2009

Order

15

Filed & Entered: 

01/29/2009

Order

16

Filed & Entered: 

01/29/2009

Notice of Appearance

17

Filed & Entered: 

01/29/2009

Order

18

Filed & Entered: 

02/02/2009

Notice of Appearance

19

Filed & Entered:

02/02/2009

Brief in Opposition to Motion

20

Filed & Entered:

02/02/2009

Corporate Disclosure Statement

21

Filed & Entered:

02/02/2009

Corporate Disclosure Statement

22

Filed & Entered:

02/02/2009

Application for Clerk's Order to Ext Answer/Proposed Order

23

Filed & Entered:

02/02/2009

Certificate of Service

--

Filed & Entered:

02/03/2009

Update Answer Due Deadline

24

Filed & Entered:

02/03/2009

Order

25

Filed & Entered:

02/04/2009

Summons Returned Executed

26

Filed & Entered:

02/04/2009

Summons Returned Executed

27

Filed & Entered:

02/04/2009

Summons Returned Executed

28

Filed & Entered:

02/04/2009

Certificate of Service

29

Filed & Entered:

02/04/2009

Response in Support of Motion

30

Filed & Entered:

02/04/2009

Terminated:

02/04/2009

Motion for Leave to File Excess Pages

31

Filed & Entered:

02/04/2009

Order on Motion for Leave to File Excess Pages

32

Filed & Entered:

02/04/2009

Proposed Findings of Fact

33

Filed:

02/05/2009

Entered:

02/06/2009

Miscellaneous Hearing

34

Filed & Entered:

02/06/2009

Brief

35

Filed & Entered:

02/06/2009

Proposed Pretrial Order

36

Filed:

02/09/2009

Entered:

02/10/2009

Affidavit

37

Filed & Entered:

02/11/2009

Report and Recommendations

38

Filed & Entered:

02/18/2009

Motion to Stay

39

Filed:

02/18/2009

Entered:

02/19/2009

Answer to Complaint

--

Filed & Entered:

02/19/2009

Set/Reset Motion and R&R Deadlines/Hearings

40

Filed & Entered:

02/19/2009

Terminated:

02/20/2009

Motion for Extension of Time to File

--

Filed & Entered:

02/20/2009

Set/Reset Hearings

* * * *

Plenty of Counter-Witnesses

On Feb. 28, 2008, New Energy Congress Member, Eric Krieg wrote:

Looking through Dennis's list of successes that he filed with the court - I just found a fourth person who got no mileage gain and can't get his money back. This guy is with "all sales group" from the NJ area had 3 cars done - all didn't work and one doesn't even run. It is easy to find these people - but so far, it is impossible for me (even with offering thousands of dollars) to facilitate the first open proper proof of HAFC. I offered Rick Brancadora $3000 to prove to me a vehicle that he says gets over 100 mpg. The burden of proof should be on these people - they have evaded a real demo to NEC and any other credible group for about 2 years now. 

I really think we should learn by now to not give free publicity to groups that claim to have an energy break through but who won't openly show it.

* * * *

See also

Page composed by Sterling D. Allan Feb. 12, 2009
Last updated August 18, 2009
 
 

Ads

 

 

NOTE: We are presently moderating all comments, to keep out the crass negativity, flaming, and other inappropriate forms of criticism. We welcome constructive criticism tactfully stated. Frequent offenders will be blacklisted.

"It is harder to crack a prejudice than an atom." // "I'd rather be an optimist and a fool than a pessimist and right."
-- Albert Einstein

ADVISORY: With any technology, you take a high risk to invest significant time or money unless (1) independent testing has thoroughly corroborated the technology, (2) the group involved has intellectual rights to the technology, and (3) the group has the ability to make a success of the endeavor.
Schopenhauer
All truth passes through three stages:
   First, it is ridiculed;
   Second, it is violently opposed; and
   Third, it is accepted as self-evident.

-- Arthur Schopenhauer (1788-1860)

    "When you're one step ahead
of the crowd you're a genius.
When you're two steps ahead,
you're a crackpot."

-- Rabbi Shlomo Riskin, (Feb. 1998)

Submit • Privacy • About • Contact

PESWiki Departments:
Latest • News •XMLFeed • Directory • Congress • Top 5 • Open Sourcing • PowerPedia

PESN.com
Copyright © 2002-2014, PES Network Inc.