If a business is culpable, H.614 allows police to seize any equipment it used for illegal activity.
By Holly Sullivan, for the Community News Service
Sam Lincoln wants you to know there is such a thing as an honest logger.
As the owner of Lincoln Farm Timber Harvesting in Randolph, he’s noticed firsthand a rise in distrust toward his profession driven by timber theft and broken or deceptive contracts.
“I am frustrated that innocent landowners are harmed by timber thieves because of the negative impact on my profession,” Lincoln told House agriculture committee members Jan.12. “I hate to label (unlawful loggers as) loggers. I think they’re thieves that have chosen this profession.”
Land improvement fraud is illegal in Vermont, categorized as a type of home improvement fraud.
“The problem with this statute is that no one wants to enforce it,” legislative counsel Michael O’Grady said during a meeting of the same committee Jan. 11.
The state Department of Forests, Parks and Recreation lacks the authority to prosecute cases, police officers claim it’s not their jurisdiction and filing a lawsuit yourself is tiresome and complicated, O’Grady said that day.
Local loggers share Lincoln’s sentiment, which sparked Rep. Marc Mihaly, D-East Calais, to propose H.614, a bill cracking down on land improvement fraud. The bill has been a mainstay on committee agendas this month.
“(Vermont has) been very reluctant,” said Steve Hardy, president of the Vermont Forest Products Association, in an interview. “And one of the things we’ve all been saying is, like, what’s the difference of somebody going into your house and stealing your stereo that’s worth $3,000?”
To remove ambiguities about jurisdiction, H.614 distinguishes home improvement fraud from land improvement fraud. If a professional enters a contract for home or land improvement work and knowingly fails to complete it, they would violate H.614. The bill’s language is designed to protect loggers who may accidentally damage property or misread a contract.
“We really don’t want to penalize all the good guys by making things harder for them,” Mihaly said in an interview.
If a business is culpable, H.614 allows police to seize any equipment it used for illegal activity. Furthermore, the bill increases fines and limits the logging activities of businesses with two or more outstanding fines or judgements. As Mihaly put it in an interview, “‘These guys can no longer log at all unless they pay a bond or else work for somebody legit.”
That’s no slap on the wrist: Logging equipment may cost hundreds of thousands of dollars. Lawmakers hope the punishments will scare corrupt loggers away from scamming people.
“This bill tries to bulk up the consequences of timber trespass,” O’Grady said. “You’re going to have a ripple effect in the community.”
Mike Carriveau — who won a lawsuit in 2019 alleging Codling Brothers Logging hadn’t paid him for logs the business took from his land — expressed in a letter to legislators that H.614’s penalties would be a step in the right direction.
A judge ruled in 2019 that the business, owned by David, Joe and Paul Codling, owed Carriveau more than $2,000, a ruling later affirmed by an appellate court. After weeks of no payment and vague excuses, Carriveau said, he confronted the brothers about their unfulfilled promises.
“(David) told me he had used my money for a ‘deal’ he had made, and I would get paid Friday, which never happened,” Carriveau said in the letter. “I went back to the landing later, only to confront Paul, who told me he was going to counterclaim, stating I owed him for tree service. This was never discussed or part of any contract.”
But Carriveau’s legal win is an exception to the norm. During his legal battle, Carriveau wrote in the letter, he met with other victims who weren’t as lucky.
“Most businesses pointed out (to victims) they knew the system favors the perpetrators, and throwing money at a lawyer was a waste of time and effort,” Carriveau said. “(Victims) would be better off working to recap their loss.”
Mihaly feels confident in H.614’s future. He said he has heard nothing but universal support.
“I’m hopeful that this bill will pass,” Mihaly told Community News Service. “You have two kinds of reception. There’s the people who think, ‘Yeah, I’ve been hearing about this for years, and I hope to God he can really do something about this.’ And then there’s the people who say, ‘What? I can’t believe that this is going on!’ And both groups are supportive. I haven’t seen any opposition.”
How would the bill, if passed, be better enforced than existing rules? Mihaly said it will depend on the Vermont attorney general to step up as county prosecutors have too few resources.
Loggers believe H.614 is a necessary development in an ongoing issue.
“Timber harvesters are not generally in favor of more government regulation,” Dana Doran, executive director of the Professional Logging Contractors of the Northeast, told the House agriculture committee Jan. 12.
“However, we believe that the legislation before you is an important step forward to professionalize the industry in Vermont, protect landowners and ensure that this industry moves forward without a black eye that has festered here for decades,” Doran said.
Hardy, the forest products association president, said timber theft is rare and carried out by a handful of people. The industry wants the problem to go away, he said. “But you know, you can’t paint loggers all with a bad brush.”
The Community News Service is a program in which University of Vermont students work with professional editors to provide content for local news outlets at no cost.