N001376
January 4, 2002
Mr. Kenneth L. Zwick
Director, Office of Management Programs
Civil Division, U.S. Dept. of Justice
Main Bldg. Room 3140
950 Pennsylvania Avenue NW
Washington, D.C. 20520
Re: World Trade Center Disaster/Victim Compensation Fund
Dear Mr. Zwick:
My husband, , was killed at the World Trade Center on
September 11th. For 16 years, worked for on the 104th floor as an , and throughout his career at , achieved titles such as
, , and . He was 38 years old and
leaves behind myself, our two children, ages 6 and 7 months, his parents and two sisters.
We miss him terribly and cannot articulate the pain this has caused us.
I am writing with regard to the recently published regulations by Special Master
Ken Feinberg on the September 11th Victim Compensation Fund. On behalf of 257 other
families who lost loved ones on September 11th, I am writing to say that, not only are we outraged with the regulations, but we feel that these regulations are in direct contradiction to the mandate of the statute which provides for full economic losses to be awarded to all families.
We want to make you aware that on December 17th, Ken Feinberg held a special
meeting for families at the Mariott Marquis in New York City to explain the statute and its mandate to compensate all victims' families. This meeting was tape recorded by various families. Mr. Feinberg specifically stated several times that there would be "NO CAP" placed on the settlement for each family. He explained to us that awards for economic loss would be based on a combination of our loved ones average income over the last 3 years, plus a projected income to the retirement age of 62. He did also explain that "collateral resources" would be deducted from the settlement.
On December 20th, the regulations were published as "Interim Final Rules",
meaning that the government is accepting public comment on the regulations until
January 20, 2002. Although we have several concerns, our outrage and extreme
disappointment is based on our main concern with the regulations as they relate to
economic loss. Our concern is the artificial cap Mr. Feinberg imposes on our loved ones
earnings. It is now our understanding that Mr. Feinberg has placed a cap on victims who
earned over $231,000 per year, Mr. Feinberg will NOT take higher earnings into account.
To our astonishment, the Special Master has indeed capped economic loss by limiting the
amount of compensation he will consider. Not only did Ken Feinberg lie to hundreds of
Center families on December 17th, due as to our understanding that the statute specifically
provides that the award must set forth the economic loss based upon the individual harm
and circumstances. Mr. Feinberg has also stated since December 17th that with respect to
those earning in the top 2 percentile, "multi-million dollar awards out of the public coffer
are not necessary to provide them with a strong economic foundation from which to
rebuild their lives". This is extremely unfair!
There are 258 families at alone who fall into this top 2 percentile. We are disgusted! Our spouses worked hard to achieve their success and
earn the money they did. Why should their families be treated differently than any other
victims? These 258 victims paid their fair share in taxes-many of them paying hundreds
of thousands of dollars a year in taxes! Why should their families' and especially their
childrens' lives be diminished and their futures be disrupted any more than they already
have been by these tragic events?
Obviously, we expect the regulations to be repeated to apply to all families
equally. We believe these regulations to be unlawful, and furthermore, the way they are
currently written are a betrayal of "trust" that were and our deceased spouses-have
placed in our government. Our government is sending billions of dollars in relief and aid
to these terrorists' countries, but when it comes to your own taxpaying, hardworking,
innocent victims, they are disregarded...all because they achieved the American dream.
This makes us sick!
We expect you to speak out on our behalf against the caps and limits contained in
the regulations and to demand for the modification of the regulations. We appreciate
your support and look forward to being healed fully. I would appreciate any comments
you have.
Sincerely,
Individual Comment
Saddle River, NJ