N002268
January 15, 2002
Kenneth L. Zwick
Department of Justice
BY FAX
Dear Mr. Zwick:
In the immediate aftermath of the tragic attack on the United States on September 11,
2001, Congress enacted the Victims' Compensation Fund of 2001, P.L. 107-42, to compensate
the families of the victims of that brutal attack. As you know, this Fund was enacted as part of a
comprehensive package that bailed out the airline industry and imposed restrictions on the rights
of the victims' families to recover damages in court. I implore you, as a public 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 and the spirit of the legislation
which was enacted.
Specifically, I request that you act on behalf of the victims' families 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
and their families 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 not be penalized because of that success. They personified American business
and commerce, democracy and freedom. I ask that you demand that Mr. Feinberg lift the
arbitrary income limits so that each family can be treated fairly, commensurate with the support
it received before the death of the family member.
2. Increase non-economic rewards.
Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering,
without regard to the extent of the actual pain and suffering. This is unacceptable. In the words
of Congressman Peter King, "[E]very 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.
I hope that you seriously consider these requests, as well as the hundreds or thousands
like them that you will receive in the next few days. I realize that as a public official, you must
seek a balance between the ability of the government to shoulder this heavy economic burden
and a just and merciful compensation to the thousands of families and children irreparably
affected by this tragedy. However, it is clear that the limits set by the Special Master are much
too restrictive and do an injustice to the victims and their families. Do not let the airline industry
and related parties who ordinarily would be civilly culpable escape with immunity at the expense
of thousands of innocent Americans who deserve our respect and compassion.
Very truly yours,
Individual Comment
Somers, New York