Time To Get Tough On Kuiper
POTSDAM - Village officials are considering seeking to have criminal charges filed against Canadian Turbines, Inc., owner Richard Kuiper for allegedly skipping town with more than $1 million in taxpayer money and failing to provide components for the municipality's West Dam Hydroelectric Station.
The village filed a civil breach of contract suit against the company in July seeking $1,109,945, along with $800,000 for not delivering most of the hydro station's key components on time.
The village has received just $290,000 in parts and equipment from Canadian Turbines, after signing a $1,387,432 contract with the company in June 2007.
But while the village's civil action is still pending in state Supreme Court, officials are simultaneously considering having legal authorities file criminal charges against Mr. Kuiper as well. If criminal charges are filed, the move could seek the company president's extradition from Canada to the U.S. to stand trial.
A likely charge would be that of fraud, according to village officials.
"In my opinion, Mr. Kuiper, as president of Canadian Turbines, has cheated the people of Potsdam and is costing us a lot of money," Trustee Steven W. Yurgartis said. "I think he should lose whatever unearned assets he has and then spend some time in jail, and I intend to do what I can to see justice done."
Trustee Stephen J. Warr is another elected official in Potsdam contemplating even more legal pressure on Mr. Kuiper. He thinks a charge of fraud is warranted in this case.
"We are sitting here with a potential $3.5 million debt to the village for a dam that isn't running because Canadian Turbines didn't live up to their part of the bargain," Mr. Warr said.
"I believe we should bring every bit of resource we have to bear, a civil, criminal pressure from all sorts, all sides, to get justice for the people in the village of Potsdam. If that involves him (Mr. Kuiper) losing everything, going to jail, I don't care. That's not our problem."
Attorneys representing Mr. Kuiper sent Village Administrator Michael D. Weil a letter Aug. 16 containing what is believed to be a partial list of components and their location needed to finish the Potsdam project. The letter was in response to the village's civil suit seeking the whereabouts of the equipment.
But Mr. Weil refused to make a copy of the letter available to the newspaper on Tuesday, saying the correspondence is not public domain because of the ongoing legal flap between the village and Canadian Turbines, Inc.
"I consulted with village counsel on your request and gave him copies of the documents to evaluate," Mr. Weil said. "As he has prepared and filed the actions, it is his opinion that the records should not be turned over as to do so would interfere with the law enforcement investigation or judicial proceedings."
Robert J. Freeman, executive director of the state Committee on Open Government, said Mr. Weil is violating state law by denying the public access to the latest correspondence from Mr. Kuiper and his representatives.
Mr. Freeman said there is very little information involving court proceedings and investigations that can legally be blocked from the public scrutiny.
"You can walk into the court house and anything that is filed with the judge or with the court is public. The only items that can typically be withheld in relation to litigation would be materials that are subject to the attorney-client privilege or materials that are prepared solely for litigation," Mr. Freeman said.
He also said the village's assertion that releasing the documents could hamper their investigation into Canadian Turbines doesn't pass legal muster because the documents being sought were provided by Mr. Kuiper himself.
"How could a letter from the person you are investigating, if disclosed, interfere with the investigation?" Mr. Freeman asked.
"If the village acquires information that the guy who is being investigated doesn't know about, yeah, spilling the beans could interfere with an investigation. But here we are talking about something that was supplied by the person that is under investigation. I don't see that as a valid basis for denying access."
As of Tuesday Mr. Weil had also not given a copy of the letter to the elected board of trustees - despite being in his possession for more than two weeks.
Mayor Rheinhold J. Tischler and Mr. Yurgartis and Mr. Warr all said they have not yet seen the Aug. 16 correspondence.
In the meantime, Mr. Yurgartis said the village is making plans to at least close in the Maple Street building, where the new West Dam hydro station is being built, even though the components to make electricity aren't available.
"We are probably going to go ahead and have the site work completed, as much as possible, and get the roof installed before the snow flies. Otherwise we have to wait for the legal process to take its course," he said.
