Wednesday, July 2, 2014
NOT FEINBERG! HERE WE GO AGAIN!
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. 810-235-1970Kenneth 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.
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.
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
Friday, June 4, 2010
Foreign organization sheltered on an island state disrupts the food supply of the United States!
BREAKING NEWS- Its in the air!
Good Morning Flint! has learned that an armada of foreign controlled vessels and planes appeared off the Southern Coast of the United States and deployed chemicals toxic to humans and their food chain.
These foreigners have seeded 800,000 gallons of a toxic sludge into the Gulf of Mexico which now challenges the United State Food Supply and an untold number of American lives are known to have been placed in jeopardy.
[T]he dispersants’ toxins may be making their way into the air that workers are breathing. Air sampling data gathered to ensure the safety of cleanup workers has identified a chemical compound in the air that is also in the dispersants BP is applying to the Gulf [2][a3]
The toxic sludge, a dispersant Corexit composed of 2-butoxyethanol mixed with strategically released deep sea oil, is floating unstopably towards the Gulf Coast, Florida and beyond.
It will round Florida and contaminate the entire Eastern Sea Board of the United States. Food shortage will occur because of this devastation to our food supply. Humans who come in direct contact with this sludge may die.
The sludge ,COREDIX AND OIL ,is known to cause:
RESPIRATORY DISORDER
NERVOUS SYSTEM DISORDER
LIVER DISORDER
KIDNEY DISORDER
BLOOD DISORDER
We know the name of the organization attacking us and the small island country sheltering this organization.
How long will we allow them to cause terror to the citizens of the United States?
The name of the terror causing organization is BP!
The County Sheltering BP is England.
What should we do?
Yes this is an over statement but we are underestimating the impact of the BP crisis. Do not listen to BP. But who do we listen to?
The author Flint Divorce attorney Terry Bankert, 235-1970, writes this in a fully cited note style his comments are cited or CAP HEADLINES for lay understanding and SEO.
Will the cure , dispersant, be more deadly than the spill, oil?
In Gulf oil spill, how helpful – or damaging – are dispersants?[a1]
The one BP is using to break up the Gulf oil spill has been approved by the EPA. But it's an older mixture that contains toxic ingredients, and it's not among the top tier of recommended dispersants.[a1]
DISPERSANTS BREAK UP OIL INTO BITS
In the four weeks since the Deepwater Horizon rig capsized after an explosion, BP has released 436,000 gallons of the two dispersants, Corexit EC9500A and Corexit EC9527A, the company says. Dispersants break up the escaped oil into molecular bits before it reaches shore.[a1]
THE DISPERSANTS PICKED BY BP WERE THE WORST , toxicity and effectiveness, AND PROBABLY THE CHEAPEST
The Environmental Protection Agency (EPA) has pre-approved both for such emergencies. The effectiveness of Corexit EC9500A is rated as 55 percent, and the effectiveness of Corexit EC9527A is rated as 63 percent, according to the EPA. That ranks them behind 12 other dispersants (out of 18) that the agency has determined do a better job dispersing oil while protecting marine life.[a1]
THE DISPERSANTS USED WERE 10 X 20S TIMES MORE TOXIC THAN THE DISPERSANTS NOT USED
As for toxicity, the EPA rates both products as either comparable in toxicity or 10 to 20 times more toxic than the 12 others on the list. [a1]
Use- One variant was used in the 1989 Exxon Valdez disaster in Alaska. In 2010, Corexit EC9500A and Corexit EC9527A were used in unprecedented large quantities in the Deepwater Horizon oil spill.[1] [A2]
Little-noticed data posted on BP’s website and the Deepwater Horizon site show that 32 air samples taken near workers have indicated the presence of butoxyethanol, a component listed as present in an oil spill dispersant used by BP, known as Corexit. The Environmental Protection Agency considers it toxic.[a3]
800,000 GALLONS OF THIS STUFF WENT INTO THE OCEAN
On May 19, 2010 the Environmental Protection Agency gave BP 24 hours to choose less toxic alternatives to Corexit, selected from the list of EPA-approved dispersants on the National Contingency Plan Product Schedule[2], and begin applying them within 72 hours of EPA approval of their choices.[3] BP has used Corexit 9500A and Corexit 9527A thus far, applying 800,000 US gallons (3,000,000 l) total[4], including the company's estimate of 55,000 US gallons (210,000 l) underwater.[5][A2]
THE FORUMLA OF THE 800,000 GALLONS OF TOXIC SOUP IS PRIVATELY HELD
Composition- The proprietary composition is not public, but the manufacturer's own safety data sheet on Corexit EC9527A says the main components are 2-butoxyethanol and a proprietary organic sulfonic acid salt with a small concentration of propylene glycol.[6][7] [A2]
Corexit EC9500A is mainly comprised of hydrotreated light petroleum distillates, propylene glycol and a proprietary organic sulfonic acid salt.[8] Propylene glycol is a chemical commonly used as a solvent or moisturizer in pharmaceuticals and cosmetics. An organic sulfonic acid salt is a synthetic chemical detergent, such as dodecyl benzene sulfonate used in laundry detergents, that acts as a surfactant to emulsify oil and allow its dispersion into water.[A2]
Effectiveness - The oil film will be dispersed in small droplets which intermix with the seawater. The oil is then not only distributed in two dimensions but is dispersed in three.
Corexit EC9500A (formerly called Corexit 9500) was 54.7% effective in handling Louisiana crude, while Corexit EC9527A was 63.4% effective in handling the same oil.[9][10][A2]
THESE DISPERSANTS (COREDIX) USED DURING EXXON VALDEZ SPILL CAUSED:
RESPIRATORY DISORDER
NERVOUS SYSTEM DISORDER
LIVER DISORDER
KIDNEY DISORDER
BLOOD DISORDER
Toxicity and alternatives According to the Alaska Community Action on Toxics, the use of Corexit during the Exxon Valdez oil spill caused "respiratory, nervous system, liver, kidney and blood disorders" in people.[7] According to the EPA, Corexit is more toxic than dispersants made by several competitors and less effective in handling southern Louisiana crude.[11] However, the oil from Deepwater Horizon is not believed to be typical Louisiana crude.
THE DISPERSANT USED IS TOXIC TO MARINE LIFE AND THE PEOPLE WHO EAT THAT LIFE
Reportedly Corexit is toxic to marine life and....[2a]
In the meantime, cleanup workers have been getting sick. Between the Coast Guard and BP, possible explanations for this sickness have ranged from heat and fatigue [4] to food poisoning [5].[a3]
BP LEADER SAID ALL THE OIL WAS ON THE SURFACE, IT USED COREDIX AND THIS ARTICAL SAYS COREDIX KEEPS OIL SUBMERGED...BUT ITS STILL COMING TO OUR BEACHES AND FOOD CHAIN
...helps keep spilled oil submerged.[2a]
DOES IT KILL WHAT SWIMS THROUGH IT?
The quantities used in the Gulf will create 'unprecedented underwater damage to organisms.'[12] [A2]
THE STUFF THEY DUMPED IN THE OCEAN INJURES YOUR BLOOD!
9527A is also hazardous for humans: 'May cause injury to red blood cells (hemolysis), kidney or the liver'.[13] [A2]
WHAT THE HECK IS THE NATIONAL CONTINGENCY PLAN!
Alternative dispersants which are approved by the EPA are listed on the National Contingency Plan Product Schedule[14] and rated for their toxicity and effectiveness.[15]
[a2]
THE REAL QUESTION IS WHAT PERCENTAGE WILL KILL US, ARE WE THERE, MABEY!
This week, BP chief executive Tony Hayward told The Guardian newspaper that the amount was “tiny in relation to the total water volume” in the Gulf.[a1]
WE UNDERSTAND THEIR CONFUSION
Reliance on dispersants, especially in response to a disaster on par with the 1989 Exxon Valdez oil spill in Alaska, is understandable, say environmental groups. [A1]
WHO AUTHORIZED THIS TRADE OFF
What they don’t understand is why marine ecosystems are being sacrificed to save coastal habitats, a trade-off that wouldn’t be an issue if less toxic solutions were stockpiled.[a1]
OH GOD NOW THEY SAY NOT ENOUGH IS KNOWN ABOUT COREDIX
Not enough is known about how the Corexit products will affect marine life, says Richard Charter, senior policy adviser for marine programs with Defenders of Wildlife, an advocacy organization in Washington. Not only is the size of the spill unique, but the Gulf environment presents conditions that EPA testing would not necessarily replicate in a lab. [a1]
WELCOME TO INTRODUCTION TO CHEMISTRY 101 ONLY MILLIONS CAN DIE
“You now have a giant chemistry experiment being done in the Gulf of Mexico,” Mr. Charter says.[a1]
WHAT MUTANT LIFE FORM WILL EMERGE AND WHERE WILL THIS MESS FLOAT TOO
Dispersants in general are also unpredictable in this situation because it is uncertain where the molecules will travel and eventually settle, due to heavy tidal conditions and tropical storms, and what byproducts will form as a result. [a1]
CAUSE EFFECT DAMAGE LIABILITY, WHOSE HEADS WILL ROLL
“What effect that will have we don’t know,” says Judy Haner, marine program director for the Alabama chapter of the Nature Conservancy.[a1]
Just what should we be doing?
Posted here by
Flint Divorce Attorney Terry Bankert
http://attorneybankert.com
sources:
[a1]
http://www.csmonitor.com/USA/2010/0515/In-Gulf-oil-spill-how-helpful-or-damaging-are-dispersants
[a2]
http://en.wikipedia.org/wiki/Corexit
[a3]
http://www.propublica.org/ion/blog/item/air-sampling-finds-a-compound-in-toxic-dispersant-is-also-in-the-air
more from wikipedia
1^ New York Times, "less toxic dispersants lose out in BP oil spill cleanup", May 13, 2010
2^ "National Contingency Plan Product Schedule". Environmental Protection Agency. 2010-05-13. http://www.epa.gov/emergencies/content/ncp/product_schedule.htm. Retrieved 2010-05-21.
3^ "Dispersant Monitoring and Assessment Directive – Addendum". Environmental Protection Agency. 2010-05-20.
4^ Paul Quinlan (2010-05-24). "Secret Formulas, Data Shortages Fuel Arguments Over Dispersants Used for Gulf Spill". New York Times. http://www.nytimes.com/gwire/2010/05/24/24greenwire-secret-formulas-data-shortages-fuel-arguments-o-9112.html. Retrieved 2010-05-24.
5^ Juliet Eilperin (2010-05-20). "Post Carbon: EPA demands less-toxic dispersant". Washington Post. http://views.washingtonpost.com/climate-change/post-carbon/2010/05/epa_demands_less_toxic_dispersant.html. Retrieved 2010-05-20.
6^ "Safety Data Sheet Product Corexit® EC9527A". http://www.deepwaterhorizonresponse.com/posted/2931/Corexit_EC9527A_MSDS.539295.pdf. Retrieved 2010-05-16.
7^ a b "Chemicals Meant To Break Up BP Oil Spill Present New Environmental Concerns". ProPublica. http://www.propublica.org/article/bp-gulf-oil-spill-dispersants-0430. Retrieved 2010-05-07.
8^ "Safety Data Sheet Product Corexit® EC9500A". http://www.deepwaterhorizonresponse.com/posted/2931/Corexit_EC9500A_MSDS.539287.pdf. Retrieved 2010-05-16.
9^ Environmental Protection Agency, NCP Product Schedule, Accessed May 16, 2010, http://www.epa.gov/swercepp/web/content/ncp/products/corex950.htm
10^ Environmental Protection Agency, NCP Product Schedule, Accessed May 16, 2010, http://www.epa.gov/swercepp/web/content/ncp/products/corex952.htm
11^ New York Times, May 13, 2010, Less toxic dispersants lose out in bp oil spill cleanup, http://www.nytimes.com/gwire/2010/05/13/13greenwire-less-toxic-dispersants-lose-out-in-bp-oil-spil-81183.html
12^ Dugan, Emily (0 May 2010). "Oil spill creates huge undersea 'dead zones'". The Independent. http://www.independent.co.uk/news/world/americas/oil-spill-creates-huge-undersea-dead-zones-1987039.html. Retrieved 30 May 2010.
13^ "Material Safety Data Sheet: Corexit EC9527A". NALCO. 5/11/2010. http://www.piersystem.com/posted/2931/Corexit_EC9527A_MSDS.539295.pdf. Retrieved 30 May 2010.
14^ "National Contingency Plan Product Schedule". Environmental Protection Agency. 2010-05-13. http://www.epa.gov/emergencies/content/ncp/product_schedule.htm. Retrieved 2010-05-21.
15^ "National Contingency Plan Product Schedule Toxicity and Effectiveness Summaries". Environmental Protection Agency. 2010-05-13. http://www.epa.gov/emergencies/content/ncp/tox_tables.htm#dispersants.