Falmouth Wind Turbine Treble Damages

The Racketeer Influenced and Corrupt Organizations Act , commonly referred to as the RICO Act
Violations of the RICO laws can be alleged in civil lawsuit cases or for criminal charges.

RICO also permits a private individual “damaged in his business or property” by a “racketeer” to file a civil suit. Pattern of racketeering activity requires at least two acts of racketeering activity

Both the criminal and civil components allow the recovery of treble damages. (damages in triple the amount of actual/compensatory damages).

The statute authorizing treble damages (RICO) directs the judge to multiply by three the amount of monetary damages awarded by the jury in those cases and to give judgment to the plaintiff in that tripled amount.

RICO also permits a private individual “damaged in his business or property” by a “racketeer” to file a civil suit . The plaintiff must prove the existence of an “enterprise”.

A . Falmouth Community Wind Project Site Screening Report Apr 19, 2005. This report was prepared by KEMA ECOLOGY AND ENVIRONMENT, INC. and funded by the Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center. The report April 19, 2005. The report says a Special permit is needed to build Falmouth Wind 1. Falmouth never applied for a Special permit.

B. Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center were the owners of the politically embarrassing Vestas V 82 megawatt wind turbines being held in storage at $3500.00 per month for yeras that could not be sold at auction.
( Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center advanced 1 million dollars to the Town of Falmouth to buy Falmouth Wind 1 )

C. General Electric a domestic wind turbine company would not build megawatt turbines in Falmouth over set back issues.

D. Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center fails to do a detailed acoustic analysis based upon sampling of ambient acoustic conditions prior to the installation of Falmouth Wind 1- ( addmission April 2, 2013 memo to Town of Falmouth )

E. MTC aka MassCEC drops reference to two distinct types of sound in wind study. Two types of sounds quoted in previous studies “state regulatory” and “human annoyance.” Human annoyance today is referenced as low frequency sound or infra-sound.

F. Vestas Wind Company warns town prior to installation turbine can generate 110 decibels almost double the manufactured specifications of 103.5 decibels ( recent Freedom of Information Act Request letter dated August 3, 2010.

G. Town considers Special wind turbine bylaw 240-166 which would require additional notification to abutters and additional noise tests. Town avoids special permit 240-166.

Note # Town of Falmouth had a (1) wind project screening report 2005, (2) noise warning from Vestas Wind Company and (3 ) knowledge of Special Permit 240-166

H. April 2010 Falmouth Wind 1 begins operation - Noise complaints begin.

I. Town of Falmouth with the previous knowledge and facts already stated makes people who complain about noise file elaborate written certified noise complaints. A process is developed to design the complaint forms and the stall begins.

J. A local group called the Friends of Falmouth Wind is formed to keep the turbines operating despite noise complaints. A noise described by residential homes owners as torture due to inability to sleep creating health problems. In addition a local group of 5 doctors wrote a letter to the Falmouth Board of Health.

The doctors stated: “they had listened to the Falmouth wind turbines and find there is little to hear.The measured decibels are modest. We are skeptical that any actual health hazard is created by their operation.”

K. MTC aka MassCEC contracts and hires the Consensus Building Institute ( CBI ) to engage in an open, transparent meetings to resolve noise problems. The process is called the Falmouth Wind Turbine Option Analysis Process ( WTOP ). The process includes showing all the meetings on Falmouth Cable TV.

L. Members of “Friends of Falmouth Wind” tape the September 12, 2012 WTOP-CBI meeting about the use of federal stimulus funds. The American Recovery and Reinvestment Act of 2009 (ARRA) used to purchase Falmouth Wind 2. Was the 5 million plus federal money a loan or a grant ? The tape becomes “Lost .” The public is never told of the missing tape.

M. The Massachussetts Clean Energy Center recently provides Falmouth 1.8 million.

“With this funding, MassCEC seeks to help the town recover costs associated with project curtailment. To date the town has incurred unexpected costs resulting from community concerns, voluntary reductions in operation due to unanticipated sound levels and related litigation.”

The MTC aka MassCEC is paying the town litigation fees :” related litigation”

The MTC aka MassCEC makes NO offer to pay wind turbine victims litigation fees: ” related litigation”

The MTC aka MassCEC victimizes the abutters again
Litigation continues ........

Litigation continues ........