The head of a company that drew a Cease-and-Desist Notice from the Boulder County District Attorney last week still believes the massive Marshall fire was caused by a 150-year-old coal seam fire and local authorities knew about the threat.
“We have reason to believe, based on our professional judgment, that it started from the coal seam,” Frank Carroll, managing partner of Professional Forest Management, LLC., a Colorado-based company that touts itself as wildfire expert consultants.
The company focuses on understanding how wildfires start and helping its clients win tort claims against those who are responsible, Carroll said.
In this case, Carroll said it is most likely the coal seam ignited a small shed which spread through the communities of Superior and Louisville. The company ran ads in the Boulder Daily Camera and Boulder Weekly — and was primed to run two weeks worth of ads as well on Facebook and other social media platforms —touting their coal seam theory, he said.
The ads also suggested that Boulder County and city of Boulder officials knew about the coal seam but allowed houses to be built on the site, according to a Thursday news release from the Boulder DA’s office.
Professional Forest Management drew the Cease-and-Desist Notice from the DA’s office which believed the company had engaged in unfair or deceptive trade practices in violation of the Colorado Consumer Protection Act, according to the news release.
The advertisements claimed the coal seam fire caused the Dec.30 Marshall fire that destroyed over 1,000 structures in Louisville and Superior. Many in those two communities had to be evacuated and are still looking for permanent homes.
The cause of the fire is still being investigated, the news release states.
The advertisements suggested Boulder County and city of Boulder authorities were aware of an imminent threat from the 150-year-old coal seam fire, but there was no indication that officials were aware of any imminent threat, the news release states.
Carroll said that the homes were “grossly uninsured” and both local and state governments have a hand in homeowner insurance rates.
The advertisements suggested Professional Forest Management would be able to help victims of the Marshall fire get compensated for their loss, pain, and suffering by Boulder County and/or the city of Boulder, the news release states. “...When, in fact, any such claim would likely be barred by the Colorado Governmental Immunity Act,” the news release also states.
Later that same day, after receiving the Cease and Desist Notice. Carroll and co-owner Van Elsbernd — immediately acknowledge the demand, agreeing to cease and desist the advertisements unless and until they comply with all provisions of the Colorado Consumer Protection Act, the news release states.
Carroll said he and his partner agreed to pull the ads because the investigation is still ongoing.
The company did not sign a client as a result of the ads, Carroll said. “So we are content to wait and see what the investigation says,” he said.
“The Marshall Fire was an unimaginable tragedy for Boulder County and its community members, especially those whose homes were destroyed or damaged,” the news release states. “District Attorney Michael Dougherty takes any threat or danger to Boulder County Community members seriously.”
The DA’s office is actively working with law enforcement and other agencies to determine the causes and origins of the fire. The office is also making sure consumers are not misled during this particularly vulnerable time, the news release states.
“This includes any fraudulent or misleading attempts to assert that community members can receive compensation by engaging with a company that uses false, misleading, deceptive, or fraudulent advertisements,” the news release states.
The DA’s office encourages community members to call 303-441-3700 with any complaints.
