Our Dive Club has been threatened with a Lawsuit under RICO

[Scuba_Dave]

This is no Joke, our E-mail has been down (forgot to setup the account on my new PC) so Ijust recd this tonite. I have been forwarding this to every diver & Dive magazine & Dive related site/club that I know:

Hi,
Our Dive club received this from a resident in Northern Massachusetts, just wondering if PADI had any comments?
--------------------------------------------------------------------------------

From: <email address removed>
Sent: Saturday, June 25, 2005 7:10 PM
To: massbaydivers@comcast.net; massbaydivers@adelphia.net
Subject: Magnolia Rocks

To The President of Mass Bay Divers:

The Mass Bay Dive Club's intrusion onto our private property on June 19, 2005 was unacceptable. Your response to our request that you leave was even more unacceptable. Even though you were warned that your club was trespassing on private property and I summoned the police for help, I did not press charges.

I strongly urge your club to cancel its planned trips to our private property at Magnolia Rocks on July 2, 2005 and October 16, 2005. If you trespass on our property again, I will call the police as I did last time. But this time I will press charges for criminal trespass under Massachusetts General Laws - Chapter 266, Section 120.

I fully expect you to remove the listing on your web site encouraging others (your members and web site visitors) to trespass on our private property on July 2 and October 16, 2005. If you fail to do so, I will consider filing charges under the RICO statutes for conspiracy to commit criminal acts.

I do not want a confrontation and ask that you respect our privacy and property rights but will press charges should you engage in further criminal activity.

<personal information removed>

 

[matt_unique]

Has anyone called the Magnolia PD among other sources to determine if there is any merit to this claim of private property?

--Matt

 

[Scuba_Dave]

I've forwarded the E-mail to our Club Officer's. It's my understanding that signs were put up indicating Private Property - No Trespassing. After that I heard that the neighbors & the Police made them take them down.
I should hear back from them tomorrow, I'm really wondering if anyone else ran into this? I didn't dive much this past summer

 

[padiscubapro]

This is no Joke, our E-mail has been down (forgot to setup the account on my new PC) so Ijust recd this tonite. I have been forwarding this to every diver & Dive magazine & Dive related site/club that I know:

Hi,
Our Dive club received this from a resident in Northern Massachusetts, just wondering if PADI had any comments?
--------------------------------------------------------------------------------

From: <email address removed>
Sent: Saturday, June 25, 2005 7:10 PM
To: massbaydivers@comcast.net; massbaydivers@adelphia.net
Subject: Magnolia Rocks

To The President of Mass Bay Divers:

The Mass Bay Dive Club's intrusion onto our private property on June 19, 2005 was unacceptable. Your response to our request that you leave was even more unacceptable. Even though you were warned that your club was trespassing on private property and I summoned the police for help, I did not press charges.

I strongly urge your club to cancel its planned trips to our private property at Magnolia Rocks on July 2, 2005 and October 16, 2005. If you trespass on our property again, I will call the police as I did last time. But this time I will press charges for criminal trespass under Massachusetts General Laws - Chapter 266, Section 120.

I fully expect you to remove the listing on your web site encouraging others (your members and web site visitors) to trespass on our private property on July 2 and October 16, 2005. If you fail to do so, I will consider filing charges under the RICO statutes for conspiracy to commit criminal acts.

I do not want a confrontation and ask that you respect our privacy and property rights but will press charges should you engage in further criminal activity.

<personal contact information removed>

Dave,
there are a few other things you should look into.. I am not familair with MAlaw but in many states and municipalities, there is in general a 3ft easement from the high tide line.. Many places also require access to this land.. Also in general the property line is usually designated by the mean HIGH TIDE LINE, so again at low tide certain areas wouldnt be their property..

Even though there may be public lands not all areas give you the right to cross private property to enter it.. You have to check your local and state statutes..

 

[Charlie99]

A previous thread mentioned the 6/12/05 incident with the property owner, and also has some info about the unusual laws in Mass. about ownership to the LOW water mark. See posts #8 and #24.

 

[ScubaSarus]

Let them call the police and then it will be sorted out. Or you call the police ahead of time and feel them them out.

 

[padiscubapro]

A previous thread mentioned the 6/12/05 incident with the property owner, and also has some info about the unusual laws in Mass. about ownership to the LOW water mark. See posts #8 and #24.

WOW, that is really unusual!

 

[scubajcf]

Wow, that almost feels like an invitation to go dive that site. I'd take a boat to the five foot mark and dive there all day long. Let the cops swim out to put the cuffs on you.

I can't believe there is a DA in the world that would prosecute you under RICO. Slap on the wrist and fine at the most would be my guess.

 

[LobstaMan]

First, you need to find out from a reputable legal source who actually, legally holds title to the land you divers are walking on, parking on and diving off(Essex County registrar of deeds maybe?). Second, find the extact MA laws pertaining beach/water access. Once you get that info then you either stop diving from that area or send a nasty-gram to Mr. Magnolia and tell him you are legally correct and he is incorrect and any further e-mails, talks, chats, phone calls, letters will be considered harassment. Then, you can go to the local district court of jurisdiction and take out complaints against him/her.

To me, since he is threatening to "press charges"(inappropriate and overused Made-for-TV-Movie term), that means the police won't or can't do anything. There's probably a reason for that.

Just to let you know, anyone can go to a district court of competent jurisdiction and file a criminal complaint against anyone else. You need zero proof, zero police involvement and (IMHO) you have zero chance of getting anywhere with it. Both parties to the complaint are notified by mail of a hearing date and then you go into court in front of a magistrate who entertains both sides of the story and hears evidence. Courts are busy enough will real criminals and don't spend much time non-police filings.

Lastly, it also tells me something that you received this letter/e-mail directly from the antagonist and not his/her attorney. Think about it, if you were attempting to prevent trespassers from going on land that you legally owned, wouldn't you be talking to to an attorney? Then the attorney would be sending letters, not you.

Hopefully, this helped a little bit.

LobstaMan

PS RICO!!!?? What a joke!!??

 

[HydroAuto]

I notice the email was originally sent on June 25th in response to a June 19 dive. The email addresses future dives (now past) on July 2 and October 16. Did anyone from your club do dives on those dates at that location?