Steuben County Distict Attorney John Tunney May 5, 2008 Letter from CWW

May 5, 2008

John C. Tunney
Steuben County District Attorney
3 East Pulteney Square,
Bath, NY 14810

RE: Complaint requesting a criminal investigation and grand jury – SCIDA, Government Officials and Wind Developers

Mr. Tunney,

Several residents and property owners of Steuben County have information and evidence of suspected criminal conduct. Three categories for investigation and corroboration of allegations include SCIDA and Mr. James Sherron individually, numerous town and planning board members of several towns (including but not limited to Cohocton and Prattsburgh) and Industrial Wind Developers – UPC (renamed to First Wind), and Ecogen (and their related LLC companies).

The scope of charges and areas of violations include False Claims and Filing False Instruments, Bribery of Public Officials, Larceny and Fraud.

1. Making False Claims and Filing False Instruments

From beginning to end of the entire process for approving and permitting industrial wind developers have knowingly provided and submitted false statements and false instruments. There is compelling and incontrovertible evidence that the developers and their associates have completely corrupted these processes:

 State Environmental Quality Review including Generic, Draft, Supplemental, and Final Environmental Impact Statements.

 Zoning Applications including Building Permits, Special Use Permits, and Requests For Variances.

 Bid Proposals submitted to NYSERDA that enable the wind project owners to receive millions of dollars in the form of production incentives, state and federal production tax credits, and Renewable Energy Certificates.

2. Bribery of Public Officials

There is a clear and persistent pattern on the part of the developers to improperly influence public officials through a number of schemes including cash bribes, lucrative lease terms, bogus real estate transactions, purchase of personal property, and contingent real estate purchase offers.

3. Larceny

In a great many situations, developers seeking to obtain leases for wind turbine sites or easements for access roads and transmission lines have relied on lies and deceptions to convince landowners to sign away their rights. These falsehoods are felonies under Penal Law Article 155 and other statutes.

4. Fraud

Constructive fraud has occurred by Mr. Sherron, SCIDA and numerous governmental officials and town boards. Developers have committed fraud of inducement by their suspect business practices and fraud in law by their substitution of LLC company names in their filings. Scores of representations made by consultants employed by town boards and paid by developers were based upon intentional deceptions.

The recent passage of an Eminent Domain resolution by the Town Board of Prattsburgh, provided additional proof of the unlawful conduct by the Supervisor J. Harold McConnell. Review the You Tube Video: http://www.youtube.com/watch?v=OTEL0mw_Uq8

At the February Steuben County meeting, I publically called for a Steuben County DA grand jury investigation into the illegal actions involving industrial wind developers. The tone of the County Legislators projected an impression that several elected official are concerned that they may be the subject of a public and comprehensive investigation.

This fact is especially enlightening since the efforts of Franklin County DA Derek Champagne are rapidly approaching indictments. Also the DA in Delaware County is conducting an active investigation, as well.

It is the intention of this correspondence to request a formal meeting with you and your senior staff. Representatives of several community groups and individual citizens have proof of criminal conduct. Based upon the predominance of evidence from paper trails, video tape documentation, individual testimony and publicly filed documents; your office needs to convene a grand jury with the purpose of filing criminal charges against participants who violated the law.

Your prompt reply and scheduling for an initial meeting is appreciated.

Cordially,

James Hall and additional CWW members

cc: David Paterson – NYS Governor
Andrew Cuomo – NYS Attorney General
George H. Winner – NYS Senator
James Bacalles – NYS Assembly