Wind Industry Peopled by Career Criminals: Convicted Felon Launches Ludicrous Defamation Claim Against Opponents
The wind industry seems to attract a particular class of bloke, in much the same way that the Prohibition era drew lots of heavy-set Italians to the Mob.
Maybe that seemingly endless stream of massive subsidies filched from taxpayers and power consumers generates the same allure as festering dung does for swarms of flies?
Whatever it is, the whiff that surrounds the wind industry has attracted (and continues to attract) a class that has no hesitation lying, cheating, stealing and even bonking their way to the easy loot on offer.
The Italian Mob were in on the wind power fraud from the get-go: applying their considerable (and perfectly applicable) skills – leading the European wind power fraud, with what economists call “first-mover-advantage” (see our post here).
We’ve reported on just how rotten the wind industry is – from top to bottom – and whether it’s bribery and fraud; vote rigging scandals; tax fraud; investor fraud or REC fraud – wind weasels set a uniform standard that would make most businessmen blush.
Now, here’s another story detailing not only the fact that the wind industry is peopled by career criminals, but also that their audacity knows no bounds.
Wind farm developer sues project opponents for defamation
16 January 2016
The CEO of the company hoping to build the state’s first wind farm west of Springdale has sued two of the project’s opponents for defamation.
Jody Davis, head of Texas-based Dragonfly Industries International, claims several disparaging posts made by Jonathon and Vivian Hamby on the “Stop the Elm Springs Wind Farm” Facebook page aren’t true and have damaged his and his company’s reputation. Davis filed the lawsuit in Washington County Circuit Court and asks for a judge to order the married couple to remove the posts, compensate Davis for the damage done and pay punitive damages.
The lawsuit cites five examples of the posts, including one in November asking of Davis and another man involved in the project, “Do these look like ‘experts’ in wind energy to you, or do they look like career criminals who scam people out of their hard-earned money?” Davis claims the Hambys knew the statements were false or were published with reckless disregard of the truth.
That post referred to Davis’s history of crimes involving money. Davis pleaded guilty in 2009 to embezzling about $785,000 from three organizations in Oklahoma and served 17 months in prison, according to federal court documents. He was also sentenced to probation in Arkansas for a hot-check violation in 1999.
The Hambys’ attorney, Travis Story, dismissed the complaint in a statement as an attempt to intimidate the Hambys. The truth is “an absolute defense” in defamation cases, Story wrote.
“This is a pathetic and desperate move by Jody Davis,” Jonathon Hamby said Friday evening. “His criminal history is what is causing him problems, not some Facebook post.”
Davis didn’t return an email or phone message requesting comment Friday evening. Last year he said he had paid for and had grown past his mistakes.
“It is really sad that the press and the community wish to put more emphasis on tearing a person down who has truly changed their life and worked hard to build a life and future for their family that is structured around Godly relationships,” Davis wrote in an email last month.
Davis and other Dragonfly representatives have said they plan to build dozens of turbines on a 300-acre site on the western edge of Elm Springs, a town of about 1,700 people. They have said they intend to use a unique turbine design that’s quieter, safer for wildlife and more efficient than the standard design.
The Hambys live next to the land. They and other neighbors worried about the project’s impact on their health and property value and said the turbine design was untested and unproven. After the City Council approved the land’s annexation into Elm Springs last fall, the Hambys were involved with the successful petition drive to put the annexation up for a public vote. The vote’s scheduled for March 1.
Elite Energy, a related company that owns the site, tried to get the land rezoned from residential-agricultural use for the project but dropped the request in December. Hamby said he believed the project could still go forward, because residential-agricultural zoning allows utility facilities under city code.
At the Planning Commission’s meeting Monday, chairman Matt Casey said he agreed the 150-foot turbines could be built on the land as zoned, according to a recording of the meeting. The project would still need building permits and perhaps other permitting before going forward, Casey said. The commission didn’t take any formal action.
Jonathon Hamby attended the meeting and said neighbors’ concerns must be addressed.
“It seems like you’re trying to find a way around this,” he told the commission.
Mayor Harold Douthit said Hamby and others had several public opportunities to speak their minds. Hamby and Douthit argued for a moment before Casey ended public comment and adjourned the meeting.
As attorney, Travis Story, correctly points out, “the truth is “an absolute defense” in defamation cases”. Indeed it is.
Now, here’s the unvarnished truth about Jody Davis
Wind Farm Company CEO Responds To Past Embezzlement Conviction
5 News KFSM
19 November 2015
ELM SPRINGS (KFSM) — The chief executive officer of a Texas-based company that has proposed building a wind farm on 300 acres in Elm Springs addressed his past embezzling conviction Thursday (Nov. 19).
Jody Douglas Davis is the CEO of Dragonfly Industries International, LLC. On Aug. 10, 2009 he pleaded guilty to 18 counts of wire fraud and 64 counts of money laundering in the U.S. District Court for the Northern District of Oklahoma. Upon sentencing 46 counts of money laundering were dropped and Davis was sentenced to a little over three years in federal prison. Davis was released July 18, 2011 and was put on supervised release until July 17, 2014, according to records from the Federal Bureau of Prisons.
On Thursday, he released the following statement to 5NEWS:
“I made some mistakes in my past. I paid a high price for these mistakes, including a debt to society. The experience transformed me. Since that time, I have tried to live my life as an example, so others might understand how they can be transformed. I hope and believe my business and personal achievements in recent years reflect that example.”
The Board of Directors of Dragonfly Industries also sent 5NEWS at statement:
“The Board of Directors of Dragonfly Industries International, LLC are completely behind Mr. Davis as our Chief Executive Officer. As a company, we believe that there are such things as second chances when a person does not just modify their behavior but one goes through complete heart change. Mr. Jody Davis has our full support and we eagerly look forward to the future in all our business endeavors.”
Davis embezzled $1,153,627 from Windsong Marketing, LLC, Newsong Assembly and Buyers Assistance, LLC, according to a federal indictment. All three companies were involved in home-buying assistance and Davis was employed as an account executive from about August 2003 to February 2005, the indictment states.
Windsong, Newsong and Buyers would advance money to help home buyers in meeting their financial obligations for their home purchases. When the home purchase was completed, the seller of the home would send Windsong, Newsong and Buyers an amount that equaled or exceeded that which had been advanced to the home buyer. If the sale failed completely, then the home buyer would be obligated to return the amount which had been advanced to him or her to purchase the home.
From January 2004 to February 2005, Davis would contact home buyers and sellers and instruct them to wire transfer the money that was supposed to be returned to Newsong, Windsong and Buyers to a bank account he had set up at First Pryority Bank in Pryor, Oklahoma instead of wiring the money into bank accounts belonging to Newsong, Windsong and Buyers, according to the indictment. Davis had listed the account at First Pryority Bank as belonging to Autos, Inc. even though Davis was not in the business of vehicle sales or servicing, the indictment states.
Davis used the money sent to the Auto, Inc. account to settle prior debts, as well as to purchase vehicles, real estate, building and property improvements, boats, personal water craft, all-terrain vehicles, tractors and jewelry, including a diamond ring and earrings, according to the indictment.
As part of his plea agreement Davis must make restitution to his victims. Newsong, Windsong and Buyers were owned by Gayle Towry before the companies were dissolved, according to court documents. Upon Towry’s death in December 2009, just months after Davis’ guilty plea, restitution payments were transferred to one of his children, Kenneth Towry.
Kenneth Towry spoke with 5NEWS about the case and identified the Jody Davis pictured in the photograph on the Dragonfly Industries website as the same man who embezzled money from his father. Towry said of the amount Davis has been order to pay back, he has seen about $1,000 so far.
Towry’s attorney also confirmed the CEO of Dragonfly Industries and the man who defrauded his client were the same person.
Federal court documents show jurisdiction over Davis’ 2009 case was transferred from the U.S. District Court for the Northern District of Oklahoma to the U.S. District Court for the Eastern District of Arkansas in August 2012.
Documents filed with the Texas Secretary of State’s office show Dragonfly Industries International, LLC filed its certificate of formation Sept. 5, 2014. The registered agent on the formation form is listed as Nadine R. King-Mays, an attorney based out of Dallas, Texas.
On a Texas Franchise Tax Public Information Report filed in 2015 Jody Davis is listed as a governing member of the company. His address on the form is listed as being in Farmington, Arkansas. The other governing members listed on the report are Phillip Ridings and Craig Cook. Both of their addresses are listed as being in Jupiter, Florida. According to the Dragonfly Industries website, Ridings is listed as the inventor of the wind turbine that the company has proposed to use in Elm Springs and Cook is listed as the chief operating officer.
5NEWS contacted the address where Dragonfly Industries has its office and was told the suite is undergoing renovation.
The wind farm project proposed in Elm Springs would be Dragonfly Industries’ first wind farm, according to the company’s website. Mayor Harold Douthit said he didn’t know about Davis’ criminal history, and said it wasn’t his place to ask.
“We give every business that wants to operate in Elm Springs no matter what they are, the same level of scrutiny,” Douthit said. “If they’re approved we welcome them, and we wish them well, but the scope of what we can do is limited to the proposal that’s in front of us.”
The Elm Springs City Council tabled a motion Monday (Nov. 16) to rezone the property for the wind farm to give council members more time to look into Dragonfly Industries and to address residents’ concerns.
Stop the Elm Springs Wind Farm, which opposes the project, issued the following statement Thursday:
“We were surprised to learn of Jody Davis’ criminal history this morning when the news story aired. Needless to say, we have been suspicious of this operation from the beginning. The individuals involved with Dragonfly have no wind energy experience, they have never built one of their “experimental” turbines, and they don’t have a buyer for their energy. In addition, they wanted to build a wind farm in an area that does not have the wind speeds necessary to sustain a wind farm. Mr. Davis is supposed to be present at the Elm Springs Planning Commission meeting on Dec. 14 to answer all of the public’s questions. We look forward to hearing what he has to say on Dec. 14.”
A court records search shows Jody Davis also has a criminal record in Arkansas.
In April 1999, Davis was accused of violating the Arkansas hot check law, according to records filed in Washington County Circuit Court. In January 1999 Davis wrote himself a check in the sum of $10,000 on an account at McIlroy Bank (now Arvest Bank) based on a deposit from Peoples Bank in Westville, Oklahoma which would later deny payment because of insufficient funds on deposit, the documents state.
In June 1999, Davis pleaded guilty and was sentenced to six years probation, according to court records. He was also ordered to pay $10,096 in restitution. Davis satisfied the conditions of his judgement in September 2002, records show.
Records show Davis was also arrested in May 2007 in Faulkner County on possession of a controlled substance. He later pleaded guilty and was sentenced to five years of probation. In 2009, just months before he pleaded guilty to federal embezzlement charges, he was arrested on a probation violation, according to court records.
In a letter from 2009 to a federal judge, Davis asks the court to let him voluntarily surrender to serve his time in federal prison. In the letter, Davis writes he developed a drug problem four years earlier because of a series of tragic events. He also asks the court to give him time to make sure his ill mother is taken care of and to see his children before beginning his federal prison sentence.
As part of his federal prison sentence, the court recommended Davis be put in a facility where he will have the opportunity to participate in the Bureau of Prisons’ Residential Drug Abuse Treatment Program. The court also recommended Davis be placed in a facility as close to Searcy, Arkansas as possible. The closest federal facility to Searcy is in Forrest City.
A search of the Arkansas Secretary of State website also shows Davis had three companies in Northwest Arkansas registered in his name: Global Growth Investments, Inc in Fayetteville in 2001, J.D. Davis, Inc in Springdale in 1998 and Star City Collision Center, LLC in Star City in 2009. The licenses for all three were revoked.
5 News KFSM
And it seems that Jody Davis wasn’t the only felon attracted by the wind industry’s impeccable record for probity and integrity ….
Records show proposed wind farm representative has history of financial trouble
5 News KFSM
Zuzanna Sitek and Dillon Thomas
24 November 2015
ELM SPRINGS (KFSM) – Another key player involved in the proposal to build a wind farm in Elm Springs has a history of criminal and civil cases involving his finances.
Court documents obtained by 5NEWS show Cody Fell has a history of financial issues in Arkansas and Oklahoma. According to city council meeting minutes, Fell and two others represented Dragonfly Industries International at initial meetings with Elm Spring city leaders in December 2014. However, Fell’s official role in the company is unclear and he is not listed on the company’s website.
Court documents that go back to May 2003 show Fell has a history of failure to appear, failure to pay for services and a conviction for violating Arkansas’ hot check law.
In 2003, Fell was ordered to pay $5,357 in Washington County when he didn’t appear for a case involving one of his companies, Creative Home Designs, after he failed to pay his account with Smith Tile Company.
Later in March 2004, court records show Fell pleaded guilty to a misdemeanor violation of Arkansas’ hot check law after he knowingly made out a check to Air Control Corporation for $2,462 that wouldn’t clear. Fell was sentenced to 12 months of probation with minimal supervision.
Also in 2004, documents show Fell faced foreclosure on a property in Tontitown after owing Arkansas National Bank more than $316,000.
In 2005, after failing to respond to another court case, Fell and another one of his companies, Builder Services of Northwest Arkansas, were ordered to pay nearly $5,400 to United Bank of Springdale.
Then in 2009, First State Bank of Northwest Arkansas took Fell to court after he failed to make payments on a loan and again didn’t respond to a summons. Fell was ordered to pay nearly $29,000.
Fell also has a record of financial cases in Oklahoma.
In 2007, in Adair County, Fell was order to pay more than $40,500 to the Theodore R. Murray Living Trust after defaulting on a promissory note and mortgage.
That same year, Fell and one of his companies in Oklahoma, Custom Structures, was summoned to court by Tulsa Casting and ordered to pay nearly $3,500. Records show a bench warrant was issued for Fell in 2009, but was returned several months later after Fell couldn’t be located.
In 2008, Fell and another one of his companies, Eagle Management, were summoned to court for breach of contract, although the sum sought in the case was not available in online records. The records show a judge issued several bench warrants for Fell after he failed to appear in court. Fell and his wife filed for bankruptcy, but their case was dismissed “because of various misrepresentations of the defendants,” according to a citation for contempt.
And as recently as 2012, Fell and Eagle Management were once again brought to court for breach of contract after failing to pay a $55,000 contract. Again, the judgment was by default because records show Fell never showed up for court or responded to any summons.
Records show Fell has also been a defendant in several cases in Delaware County. In two of the civil cases the sought monetary relief exceeded $10,000.
Dragonfly Industry’s CEO, Jody Davis, released a statement last week regarding an embezzlement conviction from 2009 for which he served time in federal prison.
5NEWS contacted Davis regarding Fell’s background, but didn’t receive a response.
Elm Springs Mayor Harold Douthit sent the following statement to 5NEWS Tuesday (Nov. 14):
The information brought to light recently surrounding Dragonfly personnel no doubt has put a cloud on the future of the wind farm project. I am confident the Planning Commission and City Council will make the right decisions for the citizens of Elm Springs. I respectfully support those decisions.
According to Washington County real estate records, the plot of land for the proposed wind farm project is located at Tally Gate Road and Kenneth Price Road and was annexed into Elm Springs by the city council in October.
Records indicate the land is owned by Elite Energy, LLC, a company that’s registered to Brandon Smith, and was purchased in February 2015 from Chambers Bank. City council meeting minutes show Smith was also present to discuss the wind farm project with city leaders in December 2014. Fell, Smith and Ron Filbeck are listed in the minutes are representing Dragonfly Industries. None of the three men are listed on the company’s website.
Arkansas Secretary of State records show Fell, Smith and Filbeck listed as managing members of CBR Investments, also Auto Solutions Used Cars, in Springdale.
Documents from the Arkansas Department of Environmental Quality indicate the Arkansas One Elite Energy Wind Facility has been granted a stormwater construction general permit. The permit correspondence was addressed to Arkansas Wind Power, LLC and Jody Davis. Arkansas Secretary of State records indicate Arkansas Wind Power is registered to Phillip Ridings, who is listed as the inventor of the wind turbine technology that will be used in Elm Springs, according to the Dragonfly Industries webpage.
5 News KFSM