dojN002396.xml

dojN002396.xml

born-digital

email

yes

no

2002-01-15

January 15, 2002

Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530

Re: Comments on Interim Rule

Dear Mr. Zwick:

I was unable to access the e-mail address for comments
"victimcomp.comments@usdoj.gov."

1. The interim rule fails to make provision for possible
conflict arising out of disparate interests of various survivors of
a deceased victim, where one survivor does not wish to accept the
benefit offered by the Fund but intends to sue but another survivor
desires to accept the benefit and does not intend to sue, where
both survivors would qualify as "heirs" under state law.

2. The interim rule fails to make clear whether the Fund
award is divisible between multiple survivors and whether, if it is
divisible, how the division is to be made and whether one
survivor's claim would preclude another survivor's determination
not to claim but to sue (see comment 1).

3. The interim rule fails to make clear whether the Fund
award is the property of the decedent and accessible by creditors
of the decedent or whether the Fund award is the property of the
survivors and therefore immune to claims of creditors of the
decedent.

Yours sincerely,

Individual Comment
New York, NY

2002-01-15