dojN002646.xml

dojN002646.xml

born-digital

email

yes

no

2002-03-08

January 22, 2002



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

Dear Mr. Zwick:

The Family of &nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp, a victim of 9/11/01 WTC terrorist attack, wants to protest the
regulations of the September 11th Victim Compensation Fund for the following reasons:

1. The presumptive award as stated by the regulations narrows down to a concept of
signing a contract without receiving adequate and accurate information beforehand it
accounts to an uninformed consent. It seems to us that families of the victims of
September 11, 2001 terrorist attacks were not only robbed of their love one's lives, but
now your regulations are robbing our rights. Criminals, robbers and others belonging to
obscure business have Miranda Rights, right to free counsel, and unrestricted right to
sue when done wrong. Healthcare patients have Bill of Rights, informed consent, and
other protections such as unrestricted right to sue when done wrong. Where are we
cataloged
2. Your regulations lack consistency with the rule of law. You treat us different from
anyone else. These regulations are clearly inconsistent and contrary to the statutes for
compensating victims' families.
3. Our Government failed to protect its citizens at home. The responsibility for this
massive failure not only includes the airline industry, but the FAA, FBI, CIA Port
Authority of New York/Fire Department for failing to have adequate evacuation plans
to rescue workers in the upper floors in extreme cases of emergency and/or fire. Many
families received calls from their love ones (who worked at 1 WTC 101st floor and
higher, or 2 WTC), these workers were alive and well after the first plane hit Tower
One and were trying to find exits. The obstacle was that the stairs were blocked, and
these unwilling victims were unable to safely reach their way out. Notwithstanding
these facts, (that failed t protect our families in the first place) has placed
restrictions/limitations on our ability to sue when done wrong.
4. Congress and President Bush intended to compensate families for the harm done to
each family (economic and non-economic damages). The deceased's families are
entitled to receive full and fair compensation for pain and suffering, loss of
companionship, loss of benefit to have the victims live their life to the fullest. Yet, your
regulations arbitrarily limit the term relatives and minimize the financial aspect of
economic losses. Its language limits the term relatives and minimize to wives and children.
What about the victims who were single, yet responsible for other relatives Many victims
provided services and assistance to their families, and these families should be
unrestricted in receiving the full value of these services. Regarding the financial aspect
of your regulations, the growth path of earnings must accurately represent this group.
Most victims were highly successful and financially independent. Their path of earnings
and their rate of salary increases were well above the national average. But not only
the Special Master does not consider this crucial point, he goes one step further and
lowers the base of the financial award by computing a mean based on last 3 year
earnings. Remember, Osama Bin Laden attacked the symbols of success and
capitalism.
5. Furthermore, your regulations treat the victims as statistical budgetary burden by using
economic tables that are flawed and low. Additionally, Professor &nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp,
Forensic Economist, of &nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp University stated that the calculation of your work-
life tables uses old statistics from 1979 and 1980 and that these numbers are lower for
women.. The number of women and their rate of success and working years has
greatly increased since then.
6. The presumptive award should not be reduced by the amount of contribution victim's
estates have received from pension plans, 401k, life insurance, voluntary contributions
from employers, social security, etc. Our love ones earned these monies throughout
their working years it is rightfully theirs.
7. Our family has a question that we would like to be answered: Is the unconditional
generosity of the people of this nation greater than the Federal Government's
conditional liability/failure to protect its citizens in their own homeland whose only "fault
" was to go the morning of September 11, 2001
8. Our family supports&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp position on this matter.


Yours truly,

Individual Comment
Staten Island, NY

2002-03-08