N002267
Kenneth L. Zwick
Department of Justice
January 15, 2002
Dear Mr. Zwick
In the immediate aftermath of the tragic attack of The United States, on September 11, Congress
enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate the relatives of the
victims of that brutal attack. As you know, this Fund was enacted as part of a comprehensive
package
which bailed out the airline industry and imposed restrictions of the rights of the victims'
relatives to
recover damages from court. I implore upon you, as my elected official, to demand changes to
the
interim rules issued by Kenneth Feinberg, the Special Master, As it stands, Mr. Feinberg's
self-imposed
rules fail to satisfy the letter or the spirit of the legislation, which was enacted.
Specifically, I request that you act on my behalf and demand the following changes to the interim
rules:
1. Remove arbitrary Income limits.
The arbitrary income limits imposed by the Special Master are not only unfair but also
inconsistent
with the letter and the spirit of the law. Those victims from the financial industry are
specifically
harmed by this limit. They were targeted and murdered precisely because of the jobs they
held
and where they worked-the World Trade Center, the Financial capital of the world, the
embodiment of financial success. Those who achieved such success should see that
reflected in
their awards. They personified American Business and commerce, democracy and
freedom. We
ask that you demand that Mr. Feinberg lift the arbitrary income limits so that each family
can be
treated fairly; commensurate with the support they provided their families before their
death.
2. Increase non-economic rewards.
Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering, no
matter
what the extent of the pain and suffering. This is unacceptable. In the words of
Congressman
Peter King, "Every death is tragic. A murder is particularly tragic. But to have your love
one
murdered in a burning building in full view of the world - in a scene which will be
repeated in the
media for decades to come - is a horror these families will never escape from. The
Special Master
cannot take it upon himself to restrict the rights of the families." Therefore, I request that
the
interim rules be amended to more appropriately compensate the victims' families' for the
immeasurable pain and suffering endured by their loved ones.
As Mayor Guiliani stated in his farewell address: "We have an obligation to the people
who did die.
Their families need to be protected just as if they had been alive, financially and every
other way
that we can help and assist their families, There should be no compromise about that
ever." I
request that the interim rules be amended and that compensation for pain and suffering
more
accurately reflect that horror which was suffered. Justice demands no less.
Sincerely,
Individual Comment
New York, NY