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          <element elementId="50">
            <name>Title</name>
            <description>A name given to the resource</description>
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              <elementText elementTextId="264506">
                <text>Department of Justice Emails</text>
              </elementText>
            </elementTextContainer>
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          <element elementId="41">
            <name>Description</name>
            <description>An account of the resource</description>
            <elementTextContainer>
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                <text>The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families.  These e-mails have been organized here by date.</text>
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  <itemType itemTypeId="18">
    <name>September 11 Email</name>
    <description/>
    <elementContainer>
      <element elementId="65">
        <name>September 11 Email: Body</name>
        <description>The basic content, as unstructured text; sometimes containing a signature block at the end.</description>
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          <elementText elementTextId="328540">
            <text>

Wednesday, November 07, 2001 1:44 PM
Comments concerning the Victims Compensation Fund


Please accept the following comments concerning the Victims Compensation
Fund.
  

I have read several news articles concerning the Victims Compensation
Fund (the "Fund"), many of which indicate that this Fund will be
difficult at best to administer, and which, when looking at how funds
could be doled out, would ensure that many families would actually
receive nothing from opting into the Fund.  I lost my oldest brother in
the WTC terrorist attacks.  He was a trader with Keefe, Bruyette and
Woods.  He left behind a wife and three teenage children who we
anticipate will attend college.  As a result, our family has been
advising my sister-in-law to seek that recovery which can best provide
for the well-being and financial security of her and her children.  I
have several comments concerning how I believe the Fund should operate
to ensure this.


According to some of the initial information on the Fund, the government
will be subtracting any collateral sources from any amount which the
special master would award.  My brother acted responsibly and purchased
life insurance (paying premiums) for his family which the government now
would like to penalize him for and reduce any Fund award accordingly. 
As for charity funding, this will not be an issue since my sister-in-law
has received virtually nothing.  However, once you subtract any
insurance proceeds, the government is practically ensuring that my
brother's will get nothing. I do NOT believe that any collateral sources
should be applied to reduce the amount that the victims' families should
get. 


I believe the government should also promulgate a scheme which is
similar to that which a litigant would be afforded in a civil personal
injury or wrongful death  claim.  The amount awarded as damages should
encompass all funeral, burial and estate administration expenses
incurred, as well as an amount that will fairly and adequately
compensate my brother's family for contributions they would have
received between the time of his death and the end of his life
expectancy such as future lost wages. My brother's gross earnings,
including all fringe benefits between the date of his death and his life
expectancy, must be factored in.  Additionally, all moneys that my
brother would have spent for or given to his family for such items as
shelter, food, clothing, medical care, education, entertainment, gifts
and recreation, taking into account his salary and age, must also be
considered.  The amount awarded should also consider the comfort and
friendship that he would have given to his family had he lived and such
other elements as work around the home and provisions of society and
comfort.

 
Additionally, a component should be added for the physical pain and
suffering endured by my brother at the time of his death as a result of
the wrongful conduct of numerous parties and/or potential defendants.


Furthermore, the amount awarded by the Fund should be intended to
restore my brother's family's loss and thus should not be considered as
"Income" which is taxable by the federal government or the states.
  

At present, the government is also demanding that families who opt into
the Fund forego the right to sue without giving them any kind of idea
what they can anticipate at the other end.  Without a skeleton scheme in
place concerning what factors will be looked at when reaching a
settlement, the amounts awarded could be completely arbitrary based on
the special master's whims on a particular day.  I have read the the
Fund provisions would also make such award decisions unappealable. 
Would you recommend that your client settle a claim without having any
idea what kind of settlement you are actually recommending to him or
her?  No competent attorney would do any such thing as it would be legal
malpractice.   The families need to be fully aware in advance what they
can approximately expect to receive based on an analysis of the above
factors.  Only then can the government ensure that there will be an
incentive for the families to sign onto the Victims Compensation Fund.
 

It is my hope that the above will aid in your analysis and will echo the
sentiments of many families that are in the same tragic situation as my
brother's family currently is.


Sincerely,

Individual Comment
East Windsor, New Jersey

 
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      <element elementId="66">
        <name>September 11 Email: Date</name>
        <description>The local time and date when the message was written.</description>
        <elementTextContainer>
          <elementText elementTextId="328541">
            <text>2001-11-07</text>
          </elementText>
        </elementTextContainer>
      </element>
    </elementContainer>
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    <elementSet elementSetId="1">
      <name>Dublin Core</name>
      <description>The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.</description>
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        <element elementId="50">
          <name>Title</name>
          <description>A name given to the resource</description>
          <elementTextContainer>
            <elementText elementTextId="328542">
              <text>dojW000185.xml</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
    <elementSet elementSetId="4">
      <name>911DA Item</name>
      <description>Elements describing a September 11 Digital Archive item.</description>
      <elementContainer>
        <element elementId="52">
          <name>Status</name>
          <description>The process status of this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328543">
              <text>approved</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="53">
          <name>Consent</name>
          <description>Whether September 11 Digital Archive has permission to possess this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328544">
              <text>full</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="54">
          <name>Posting</name>
          <description>Whether the contributor gave permission to post this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328545">
              <text>yes</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="55">
          <name>Copyright</name>
          <description>Whether the contributor holds copyright to this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328546">
              <text>yes</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="56">
          <name>Source</name>
          <description>The source of this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328547">
              <text>born-digital</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="57">
          <name>Media Type</name>
          <description>The media type of this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328548">
              <text>email</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="59">
          <name>Created by Author</name>
          <description>Whether the author created this item.</description>
          <elementTextContainer>
            <elementText elementTextId="328549">
              <text>yes</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="60">
          <name>Described by Author</name>
          <description>Whether the description of this item was submitted by the author.</description>
          <elementTextContainer>
            <elementText elementTextId="328550">
              <text>no</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="61">
          <name>Date Entered</name>
          <description>The date this item was entered into the archive.</description>
          <elementTextContainer>
            <elementText elementTextId="328551">
              <text>2001-11-07</text>
            </elementText>
          </elementTextContainer>
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