A005511
December 11, 2001
Kenneth L. Zwick, Director
Office of Management Programs
U.S. Department of Justice
Civil Division
Main Building, Room 3140
950 Pennsylvania Avenue, N.W.
Washington, D.C.20530
Dear Mr. Zwick:
I would like to take this opportunity to comment on the regulations which you
are presently drafting which will govern the September 11th Victims Compensation Fund.
My son, , was tragically killed on September 11th while an
employee of on the floor. As I understand it, this fund was
established to compensate the families of the victims and to expeditiously assist them in that
process. While this is a very noble endeavor, I feel that in your effort to complete the drafting
of regulations in a speedy manner, there may be some vital points overlooked.
I would greatly appreciate your considering the following:
1. PROCEDURES TO ASSIST CLAIMANTS: Topic 234
Only attorneys licensed to practice should be permitted to assist or represent
claimants for obvious reasons. There are a number of experienced attorneys who are
volunteering their services to assist and represent these claimants so that there should be
no need to enlist the services of non-lawyers who lack the training, knowledge, experience
and skills necessary to properly carry out their obligation to the claimants. Furthermore,
non-lawyers would not be governed by the Disciplinary Rules and not covered by liability
insurance. To protect the claimants, only lawyers should be permitted to assist and
represent them.
2. NATURE AND AMOUNT OF COMPENSATION: Topic 236
Schedules should not be used. Each claimant should be treated individually and
not as a statistic. Since the Department wishes to avoid the claimants' presenting
economic expert evidence, then independent experts should be available to the Special
Master whose reports should be made available to the claimants for review and comment
before a decision is reached. The claimant should be allowed to offer evidence of
Government statistics studies and tables to aid the independent economic experts.
3. NON-ECONOMIC LOSS: Topic 236
Again, each case should be considered and evaluated separately. Many of the
cases will involve "pre-death terror", claims which should not be lumped together, but
should be evaluated independently of each other.
May I especially draw your attention to the issue of "collateral sources" as
I feel that the intent of the many generous individuals was not to aid the federal
government.
4. COLLATERAL SOURCES: Topic 236
Charitable contributions should not be included in the definition of collateral
sources. The generous people who contributed to the various victims' funds would be
quite upset to learn that their gifts were in effect, going to the federal government instead
of the victims. This is actually what would happen if the charitable contributions were used
to offset the government's liability. Such a rule would also discourage charitable giving
to these victims funds. For policy reasons, therefore, such a rule should not be adopted.
In kind/or other material contributions should also not be considered as a collateral sources.
Please give these comments your careful consideration.
Sincerely yours,
Individual Comment