dojN002492.xml

dojN002492.xml

born-digital

email

yes

no

2002-01-15

JANUARY 15, 2002


TO: MR. KENNETH ZWICK
(301) 519-5956

FROM:


RE: VICTIMS COMPENSATION FUND



WITH THE PERMISSION OF , , AND
, I AM INCLUDING GRAPHS FROM THEIR PRESENTATION.





January 15, 2002

Dear Mr. Zwick,

Our son , a 24 year old, at , on the
floor of tower 2, died in the WTC. He was the oldest of 3 boys, and has 2
younger brothers, , , and , . On the day of the attack

called his father at work to report that Building 1 had been hit by a plane and was
billowing in smoke. He had seen someone "drop all the way down from the 91st
floor." The Port Authority announced over the loud speaker that his building was
secure and directed them to remain in their offices. Many other families report
their loved ones were sent back up into their offices, when they attempted to escape.


was an important member of our family, an understated young man who
possessed high integrity, kindness, dedication to his family, friends and community
and determination in all endeavors, a 2nd father to his younger brothers. He was
soon to become engaged to his girlfriend of 3 « years. He was viewed as a dedicated
and hardworking employee with a promising career, a wonderful son, brother,
friend and fiancee. Although we felt fortunate to receive limited remains of

which we buried on Dec. 22nd, getting through the holidays was extremely difficult,
having multiple funeral service excruciating. Now we face another dilemma. We
were contacted Sunday about additional remains that were identified. How does a
family "come to closure" with the anticipation of continuing to be contacted about
additional remains, or in contrast, no remains at all? At a time when we should be
mourning the loss of our loved one and taking care of our families, and ourselves we
are required to fight battles and become experts in fields we were unfamiliar with.

Attempting to navigate the complicated system of "charitable" organization with
ongoing request for paperwork has been challenging. Now families face dealing
with the "Federal Victims Compensation Fund" and a pressing deadline of Jan. 21st
to submit our input into the final regulations. Despite the death of our son just 4
months ago, . Many families have language
barriers, immediate financial needs, or are incapable of getting out of bed in the
morning. I find it difficult to understand why our government, who failed to protect
our loved ones allows millions of dollars
disasters, billions feeding the Afghanistan people, 15 billion bailing out the airline
industry, etc., yet only spending approximately 1.5 billion to compensate 3000
victims' families. How does the government, despite their own liability, choose to . . .
those families? How does the Special Master ARBITRARILY apply restrictions,
ignoring information that contradicts his assumptions, and in doing so, subtly
minimize the compensation for the families of 3000 innocent victims. Was that
what Congress intended when they established the Fund?

In his current regulations, Mr. Feinberg has ARBITRARILY chosen to use
NATIONAL DATA rather than NEW YORK data in calculating potential earnings
for individuals employed at the Twin Towers in New York City. He is also not
taking into consideration ones education or occupation when determining earning
potential. In early January, 2002
and made a
presentation to the National Association of in Atlanta to report
on the economic deficiencies of the Special Master's approach of determining
economic loss. According to
, under the current guidelines, potential
earnings of college graduate from age 22 to 30 working in the "Securities and
Financial Services Sales" are underestimated approximately 100%. "Firefighters
and Police Officers" age 22 to 50 will be underestimated 27% and a 30% earnings
underestimation for the generic group of all males and females with a Bachelors
degree or greater. According to
, taking into consideration my sons age,
his occupation as an Equity Trader, his education and his current salary, THE
SPECIAL MASTER'S APPROACH WILL UNDERESTIMATE HIS EARNING
POTENTIAL BY AT LEAST 100%.

Mr. Feinberg has also ARBITRARILY imposed a $230,000 cap on earnings, a
salary that my son would have reached next year, at the age of 25. As a result, his
income is held at that level for the remaining 37 years of his projected career. Other
individuals who have already surpassed that income will financially revert back to
an income that may not cover their family's expenses. MR. FEINBERG SHOULD
USE UP-TO-DATE NEW YORK DATA, REMOVE THE $230,000 CAP AND
TAKE INTO CONSIDERATION ONE'S EDUCATION AND OCCUPATION
WHEN CALCULATING POTENTIAL EARNINGS.

With regard to NON-ECONOMIC DAMAGES, the $250,000 cap is an insult to all
families, taking into consideration the pain and suffering and the manner in which
these victims died, as well as, the ongoing impact of this event on our children and
families. Litigation experts report wrongful death airline disaster settlements range
between 2-20 million dollars. THE NON-ECONOMIC DAMAGES SHOULD BE
INCREASED SIGNIFICANTLY WITHOUT OFFSETS.

I also have objective to the general process. How can we feel comfortable signing
our rights away to litigate, PRIOR to knowing what our settlements is? As Mr.
Feinberg stated, one of his main objectives is to protect the public coffers. Has he
forgotten that these victims were hardworking, taxpaying individuals who
contributed significantly to our economy? How can we rely on a process intended to
minimize our recovery? By bending the statutes, Mr. Feinberg has altered
Congress intent to provide a fund with fair compensation to ALL FAMILIES.

2002-01-15