N002537

January 18, 2002

VIA FACSIMILE AND REGULAR MAIL

Kenneth L. Zwick, Director	Kenneth Feinberg, Esq.
Office of Management Programs	780 Third Avenue
Civil Division	New York, New York 10022
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530

Re: September 11th Victims Compensation Fund-2001 P.L. 107-42 Dear Sirs/Mesdames:
In the aftermath of the attack on our nation on September 11th, Congress enacted the above-referenced legislation to compensate the families of the victims. It is my belief that the interim rules issued by the Special Master on December 20th (the "interim rules") fail to satisfy both the spirit and intent of Congress in enacting the aforementioned legislation.

The legislation authorized payment for both economic and non-economic loss. The sole offsets to such payment were the "collateral sources" specific in 402(4), which included "life insurance, pension funds and payments made by the Federal, Sate and local governments". These were the only offsets contemplated by the legislation.

In the interim rules, however, the Special Master has imposed offsets and caps, which were never contemplated by the statute. Specifically, the interim rules arbitrarily restrict pain and suffering awards to $250,000 as well as impose artificial limitations on income.

Such self-imposed restrictions and limitations, which drastically reduce the award, are not only contrary to the intent and actual language of the statute but are entirely unfair. For example, the limitation on the pain and suffering is far too low, especially in light of the fact that many victims trapped at the top of One World Trade Center had more than 90 minutes to contemplate the hopelessness of their situation while enduring horrific conditions. Such fact is evident from the "911" transcripts which have been released by the various media outlets over the last few months. The "911" calls paint too vivid a picture of the unbearable conditions atop Tower One while the caller begged the "911" operator to send help. More horrifying is that the victims placed such calls after 10:15 a.m. This is particularly disturbing to the victims' families for two reasons:(1) it is entirely likely that the victims in Tower One were fully aware that Tower Two had collapsed and all they could do was await their terrifying fate; and(2) the victims trapped at the top of One World Trade suffered for at least 90 minutes in a hopeless situation. To arbitrarily limit pain and suffering awards, as the interim rules do, is an injustice that should not countenanced.

It cannot be emphasized enough that the World Trade Center was targeted simply because it and the people who worked there personified America and everything it stands for. Long recognized and, in fact, trumpeted as the world's financial epicenter, it was the most likely target of America's enemies. The financial service victims were murdered because of the careers they had chosen. To artificially limit the amount of compensation, as the interim rules propose, is a grave injustice to those who gave their lives for the very symbol of America-capitalism. Based on these facts, when computing economic loss, it seems logical to use the most recent year's income, in this case, the victims' income for 2001 on an annualized basis. By using the prior three years income (1998, 1999, and 2000), as the interim rule proposes, the economic loss is arbitrarily decreased. Clearly, such was not the intention of Congress.

The Victims Compensation Fund was created as part of a comprehensive legislative package, the purpose of which is to ensure the very survival of the American airline industry while at the same time compensating the victims' families for the loss of their loved ones. While protecting the airline industry is important to the continued economic growth of America, the cost of such protection should not be borne by the families of the victims. Protecting the airline industry in the way contemplated by the interim rules trivializes the lives that were lost on September 11th.

Based on the foregoing, it is clear that the interim rules need to be modified to effect the spirit and intent of the statute-specifically, there should be no artificial limitation on income, the most recent year's salary should be utilized in calculating economic loss and the pain and suffering award should be increased, if for no other reasons than, to acknowledge the suffering the victims had to endure while awaiting a certain death.

God bless you and America,

Individual Comment
Brooklyn, New York

Previous		Next		Back to Comments by Date		Back to Comments by Date
				(Graphical Version)		(Text Only Version)