Showing posts with label British Petroleum. Show all posts
Showing posts with label British Petroleum. Show all posts

Monday, July 30, 2012

SIMPLE MORALITY AND ETHICS MUST COMPEL FEINBERG TO DONATE THE PROFITS OF HIS LATEST BOOK TO THE CHARTER FISHING INDUSTRY HIS FORGOTTEN VICTIMS OF BP'S YET PROSECUTED ALLEGED CRIMINAL NEGLIGENCE.


Kenneth Feinberg:  "Who Gets What: Fair Compensation after Tragedy and Financial Upheaval."SOME SAY unfair compensation creating more Tragedy and increasing the Financial Upheaval

By Terry R. Bankert a Flint Michigan Bankruptcy and Divorce Attorney. 810-235-1970

Kenneth R. Feinberg  sings Irish ballads as the Gulf of Mexico Charter Fishing Industry mourns the loss of its livelihood and the life of one Captain that committed suicide.

About the Author
Kenneth R. Feinberg ... has been front and center in some of the most complex legal disputes of the past three decades: Agent Orange, asbestos, the closing of the Shoreham Nuclear Plant, and 9/11. He is adjunct Professor of Law at Georgetown University, the University of Pennsylvania, Columbia University, and the University of Virginia.[3]

Many people complained about the lack of communication or claims paid under the administration of Kenneth Feinberg, the appointee who disbursed $6.1 billion in oil spill claims to 221,000 claimants. Patrick Juneau was installed in March to implement a new court-supervised process for distributing what BP estimates will be $7.8 billion for claims covered by a recent class-action settlement.[7]

Feinberg the British Petroleum BP money man and overseer of the bureaucratic misery caused by his administration of victim claims against BP British Petroleum whose negligence diminished the fishing industry in the gulf of mexico and destroyed economic and real lives of thousands  dependent on this economy.

For those still dealing with the claims process, "It has consumed every moment of my last two years and I don't have a lot to show for it." Tracy Redding read Kenneth Feinberg's book with a critical eye. "The one statement that literally made me have to walk away from the book for a couple of hours when he referred to the emergency advance payments that we received as unprecedented gift' and 'found money'." [8]

As he explains in his new book Who Gets What, his task is to maximize prompt, fair payouts and minimize dilatory litigation.[1]

Feinberg wasn't part of the VOO program, that was bp and the subcontractors. Feinberg came in on the back end of that.

"There's never been a private claims facility like this. We received over 1 million claims from 50 states and 35 foreign countries we paid out $6.5 billion before the first trial was even scheduled to begin," said Feinberg.[2]

The judge brought payments to the halt the day the settlement was reached "in principle" and feinberg was dismissed. The buck was passed to the court claims, and even though the infrastructure was the same key players; no economic claims are moving. Why? In many cases claimants have provided documentation from 2007- 2011 month and months and month ago?

Feinberg has done all his government and university work pro bono, but he figures that BP paid his law firm around $18 million. “It depends on the circumstances,”he says. “Another terrorist attack? Of course I’d do it for free. Another shooting at a university? Of course I’d do it for free. Oil company, wrongdoer, willing to foot the bill—of course I won’t do it for free.” [1]

Feinberg had mentors that mapped every move of his elite career. What is his history. He is nothing more than an apologist for Big Corporations the ultimate corporatist.  Feinberg was the administrator  of the chaos remedy, his real job to keep the public at bay and the press muffled.  His personal history is one of protecting government, the politicians he socializes with from that mix of intellectual and money elites   are high positioned people  we  defer too but whose true agenda is preservation of their wealth and power and their dependence  on corporation political support.

Feinberg assignments have always ended with payouts equal to what insurance would cover.His mission is to make us feel good and minimize the corporate damages.

He is  a Corporatist as defined by Naomi Klien in Shock Doctrine.

Did you know the smallest players whose lives  were so totally devastated the Charter Fishing Captains and those that book their clients have yet to be paid.

Folks like Tracy Redding who hasn't received a claims check since November of 2010. "I want him to look me in the eye and I highly recommend he don't lie to me again but I really would like to have a conversation with him. Come on be straight with me. What was really behind a lot of this?" [8]

Feinberg has long stated that he put himself behind the proverbial eight-ball in the Gulf by overpromising how quickly he could get emergency payments to spill victims. In the book, he is even more self-critical on that point:
"In meeting after meeting during the first weeks of the GCCF, I made the ridiculous public pledge that 'the GCCF will pay eligible individual claimants within forty-eight hours and eligible businesses within one week.' Talk about a self-inflicted wound!" Feinberg writes. "Underestimating the volume and complexity of the claims, I promised what I could not possibly deliver. As a result, the GCCF was immediately placed on the defensive."[4\]

He said the volume of claims kept him from holding individual meetings with claimants, something he considered critical to upholding a sense of justice. It was clear that Feinberg wanted to do that because throughout the GCCF, he promised claimants who confronted him in person or sent him letters and emails that he would review their claims "personally." That sometimes got him in trouble, making it appear that he was providing certain claimants with negotiated settlements rather than adhering to a formulaic method for paying similar claims equitably. [4]


Feinberg fumbled another ball as the administer of BP claims. Millions suffer yet he stands to make millions from telling the story . Where is the justice. He should profit no more from his book than a serial killer telling his tale.

Did you know  Feinberg let a fleet of out of state boats come into the clean up and paid them yet the charter captains will be paid only if the offset against their claims of ⅓ is accepted.

Feinberg lied directly to my primary source  out of Bon Secour booking charter out of Gulf Shores Alabama  and surrounding areas. He told her there were no glitches in the online system which is even worse now that the courts have taken over.   Feinberg made the local claims adjusters impotent and the distribution of  economic claims to come to a halt.

Feinberg called the emergency payments received in Aug-Nov 2010 a gift. The amount of paperwork to qualify was mountainous and he called it a gift?

In March, Feinberg’s run at the helm of GCCF ended when a New Orleans federal judge appointed a new administrator. Congressman Jo Bonner sent out a tweet that read: “End of an Error.”[2]

He and his Washington law firm, Feinberg Rozen, was paid $1.25 million a month to dole out BP's money, leading to complaints that Feinberg was protecting BP's assets. On the other hand, he took just 18 months to pay 225,000 victims more than $6.2 billion, a record of speed and distribution that put to shame similar-scale compensation efforts, such as the post-Katrina Road Home program for homeowners.[4]


"That criticism is absolutely to be expected I accept it in good faith."
But he does not accept the assessment of his reign as being a failure. "By all accounts, I think that the distribution and just 18 months of $16.5 billion to 220,000 people is evidence of success," Feinberg said.[2]

Public officials at the state level have not been so reserved, harshly criticizing Feinberg and warning Gulf Coast residents about the claims process.
"I would not give him (Feinberg) very high marks, and I've said that personally to him in meetings, face-to-face," Alabama Attorney General Luther Strange said in a Wednesday telephone interview.[5]

Strange added that the Obama administration "could do a much better job in holding his feet to the fire."[5]
A Feinberg spokeswoman declined to comment.
Feinberg has been increasingly under fire along the Gulf Coast, with local leaders accusing him and his staff of misleading the public, unfairly denying claims and managing the process with too little transparency.[5]



The livelihood of Charter Captains, men and women with everything at stake, has been destroyed by the BP oil spill and the incompetence of the  Feinberg claims center.

The Charter Fishermen were told that if they helped in the clean up which they did it would not lower their claims which it has. This ⅓ pay back applies only to charter fishermen and  not shrimpers, not oystermen, not the guys that fish for the same fish but sell them, just the Charter Fishermen. Where is the justice in this? TO PRESIDENT OBAMA WHERE IS THE JUSTICE.

[1]
http://www.thedailybeast.com/newsweek/2012/06/24/kenneth-feinberg-calculating-what-a-life-is-worth.html
[2]
http://www.fox10tv.com/dpp/news/gulf_oil_spill/kenneth-feinberg-reflects-in-new-book
[3]
http://www.globaltort.com/2012/07/who-gets-what-ken-feinbergs-new-book/
[4]
http://www.nola.com/news/gulf-oil-spill/index.ssf/2012/06/ken_feinberg_says_in_new_book.html
[5]
http://blog.al.com/live/2011/02/white_house_wont_grade_feinber.html
[6]
http://en.wikipedia.org/wiki/Kenneth_R._Feinberg
[7]
http://www.gulfbreezenews.com/news/2012-07-12/Island_News/Trying_to_reason_with_the_BP_claim_process.html

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Saturday, May 22, 2010

FLINT DIVORCE LAWYER ASKS,HOW SHOULD BRITISH PETROLEUM BE PUNISHED?

Q:SHOULD BRITISH PETROLEUM (BP) SUFFER CORPORATE DEATH?
A:YES!


BP SHOULD SUFFER A CORPORATE DEATH SENTENCE, ASSETS SEIZED AND ALL BUSINESS ACTIVITY IN THE UNITYED STATES STOPPED. THE CORPORATE VEIL MUST BE LIFTED SHAREHOLDERS STRIPPED OF THEIR ASSET AND EMPLOYEES DISCHARGED…TO START

Just how much harm will we allow to our society be for we act?

……US should re-invoke the 'death penalty' for corporations by breaking up those negligent companies and selling off their interests.[3]

For examples see:
http://www.google.com/images?rls=com.microsoft:en-us:IE-SearchBox&oe=UTF-8&rlz=1I7ADBF_en&q=medieval+death&um=1&ie=UTF-8&source=univ&ei=HLn3S5HxOIaKlweI9dXFCg&sa=X&oi=image_result_group&ct=title&resnum=1&ved=0CDIQsAQwAA


Why do we object to the punishment of corporations? What “Bill of Goods” have we been collectively sold/

Some say 1. The innocent will suffer? 2. Employees will be laid off. [5]

If corporations want the same rights as people, their 'limited liability' should no longer apply. It's a position that makes sense, especially considering the way the financial, energy and health care industries have operated with impunity over the past several years. Is there any real force to this idea, though?[3]

CORPORATE RISK MANAGERS SAY. But in the aftermath of this tragedy, two important questions will emerge. They will be directed toward the management and board of directors of your organization. Employees, the media and the public will inevitably get around to asking:
"Did you take reasonable precautions to prevent a critical incident such as this from occurring, which could take a terrible toll on your work force?"
"Were you prepared to respond with proper protective and palliative actions for your people following a critical incident like this?"
The answers you are able to give could have enormous consequences for your company, its bottom line, and its future, because of an emerging concept of liability: Negligent failure to plan.[4]


For the past year, concern with terrorism has dominated public discourse in the United States. Our sense of security has been badly shaken, while politicians and the mass media have missed no opportunity to remind us of our vulnerability. This single-minded focus is distracting us from a major threat to our quality of life and our peace of mind. We should turn our attention to the corporate terrorism in our midst, name it, analyze it, and discuss what we can do about it.[2]

Why are the paradigms of deterrence and efficiency for punishing individual for harmful corporate acts not applied to the corporations themselves? Why do we punish the corporate offices and not the corporation?

“Money often costs too much.” - Ralph Waldo Emerson
There is no other way to frame it. In the battle for democracy the corporatists are winning. Under the 14th amendment, they believe the corporate 'person' shall not be discriminated against and should receive equal protection under the law. [3]

Wal-Mart has argued this corporate position as it insinuates its 'always low prices' and 'always low wages' into inner-city neighborhoods. The legal fiction of corporate personhood has allowed entities that never die and possess incredible resources to assert their own political will on almost every aspect of American life. [3]

The US Supreme Court has all but handed the rights of individuals over to multinational conglomerates. But with freedom comes responsibility, or so it does with human beings. [3]

Within the same month, neglect on the part of two major corporations, Massey Energy and British Petroleum (BP), have caused the deaths of 4o people. If a 'natural person' were responsible for these atrocities, our government would have them in chains awaiting a trial that might lead to their execution. So why don't we treat the corporate 'person' the same way? As progressive radio personality, Thom Hartmann, puts it: It's time to bring back the corporate death penalty.[3]

WHAT IS CORPORATE TERRORISM, CAN IT BE BY NEGLIGENCE?

1.Corporate terrorism are crimes committed to create more consumers. Such as fraud, the spread of misleading propaganda, and bribing politicians to pass bills that force people into become consumers. 2. A terrorist action that creates widespread panic, and nervousness and results in the loss of rights and/or monies. 3. Corp-terrorist~ VERY extreme capitalist who resorts to violence, or fear mongering to spread panic in everyday citizens in order to coerce them onto their side or to buy something to make themselves feel safe. Corporate terrorism is America’s most active terrorist movements. It is also the least prosecuted.[1]

President Barack Obama pretty much stated the obvious when he called the oil spill in the Gulf of Mexico "a massive and potentially unprecedented environmental disaster."[3]


The oil well pouring a river of crude into the Gulf of Mexico didn't have the normal type of remote-control shut-off switch used in Norway and the UK as last-resort protection against underwater spills, largely because the oil companies themselves are responsible for "voluntary" compliance with safety and environmental standards.[3]

It was in 1994, two years into the Clinton administration, when this practice of putting the fox in charge of the henhouse was legalized, about the same time George W. Bush was doing the same thing in Texas, a program pushed hard in the previous administration by Dan Quayle's so-called "competitiveness council" charged with deregulating industry. [3]

The accident has led to one of the largest ever oil spills in U.S. water and the loss of 11 lives. Voluntary safety for oil wells, but you and I can get stopped by the police if we don't fasten our safety belts? Eleven people have died because Halliburton and BP wanted to save money. In the first hundred years of this republic it was commonplace for rogue corporations to get the corporate death penalty - being shut down, dissolved, and having their assets sold off. Through the 19th century, it averaged around 2000 companies a year that got the axe. If the Supreme Court now says that corporations are people - and they did - then these corporations should be eligible for the corporate death penalty. Time to break up and sell off the pieces of Halliburton and British Petroleum.[3]

Currently, the Deepwater Horizon oil rig in the Gulf of Mexico is dumping 5,000 barrels of crude oil per day. The slick is quickly approaching the Gulf Coast and residents are preparing for an ecological disaster. Eleven workers are dead after an explosion that some believe could have been avoided. A simple mechanism could have been installed, but in the name of profit, safety again took a back seat. It might not have saved the workers' lives, but it could have thwarted the oncoming environmental onslaught. [3]

According to the Wall Street Journal:
The U.S. considered requiring a remote-controlled shut-off mechanism several years ago, but drilling companies questioned its cost and effectiveness, according to the agency overseeing offshore drilling. The agency, the Interior Department's Minerals Management Service, says it decided the remote device wasn't needed because rigs had other back-up plans to cut off a well.
An acoustic trigger costs about $500,000, industry officials said. The Deepwater Horizon had a replacement cost of about $560 million, and BP says it is spending $6 million a day to battle the oil spill. On Wednesday, crews set fire to part of the oil spill in an attempt to limit environmental damage.[3]


This is a classic example of American big business at work. The perpetual quest for short-term profit clouds the better judgment of management. Simply put, if it's not an immediate problem, why worry about it? If it blows up in our face, we'll pay a fine and move on. [3]

It appears that the larger a corporation gets, the more it takes on a casino style mentality, playing the odds with the house money because business has been so good for so long, why would it stop now? BP's spill is rare in oil drilling, but might have been avoided by spending as little as 0.01% of their profit margin on an additional safety measure. But the mindset is that it doesn't matter that the acoustic trigger is law in Brazil and Norway, if we don't have to use it, we won't. [3]

Keep in mind, this attitude didn't appear out of nowhere. It was developed over many years by the fantasy of nigh-limitless profits, lax government regulation and nominal fines that barely amount to a slap on the wrist. [3]

BP is, of course, unhappy it has to clean up what may be hundreds of thousands of barrels of oil. However, the market will correct the problem when crude oil jumps $15 or $20 per barrel. The increase in price will help BP recover its losses. [3]

When the stock price of BP plummets, it will present as a golden opportunity for investors to buy a load of cheap stock that will only increase in value once BP is back pumping oil instead of cleaning hundreds of miles of shoreline. The oil giant will simply write off its clean-up losses and live to fight - and pollute - another day. And don't worry about civil damages.[3]

BP's total liability is limited to $75 million thanks to a 1990 law passed when Big Oil lobbied our Congress immediately after the Exxon Valdez spill.[3]

So why is it so unlikely that either of these companies will be found criminally negligent, resulting in the imprisonment of any or all of its officers? Because, contrary to the popular TEA Party belief that big government controls our lives, it is actually the corporate candy of cheap goods and cheap energy that the American people can't live without. Most of us have no idea how to even begin thinking of a world that doesn't revolve around billions of barrels of oil or miles of processed coal. Big Energy knows it has us and our government wrapped around its greasy finger. Year after year our leaders pay lip service to the idea of a new way, a green energy future. [3]

But so little has come of it, thus far. It takes catastrophes like these to remind us that the energy business is dirty in so many ways. We can rely on fossil fuels as long as we're willing to pay the consequences; death, dismemberment, environmental disasters, terrorism, unstable nuclear states, all in the name of getting what we think we need. [3]

Hartmann's call to reinstate the corporate death penalty, actually holding big business responsible for its actions, is novel and admirable. In a world where money controls a government and its people, however, its only a pipe dream. Unless we decide that enough is enough, we're left to sit around and wait for the next fossil fuel debacle over and over again.[3]

The corporation is rightly held to be liable for what these corporate officers Have done. If not we should throw out the theories of vicarious liability.


These collection of thoughts posted by
Terry Bankert
http://attorneybankert.com

see
[1]

http://www.urbandictionary.com/define.php?term=corporate+terrorism

[2]
http://labornotes.org/node/1225

[3]
http://www.andjusticeforallblog.com/2010/05/americans-call-for-corporate-death-penalty-after-massey-and-bp-debacles.html

[4]
http://www.cmiatl.com/news_article46.html
[5]
http://books.google.com/books?id=j-gP_NDhAfMC&pg=PA77&lpg=PA77&dq=corporate+terrorism+negligence&source=bl&ots=So7Cl5VsFT&sig=ipm_AzJA144NTMVQLCZsq7zkG00&hl=en&ei=o7P3S-qlCcT6lweQz4XiCg&sa=X&oi=book_result&ct=result&resnum=4&ved=0CCkQ6AEwAw#

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