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CynicalScouter

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Everything posted by CynicalScouter

  1. So you believe that the BSA's auditing and accounting firm signed off on fraudulent IRS 990 forms, thereby committing at least 6 felonies? Even if I think BSA's lying, I don't think the accounting firms are, especially after Sarbanes-Oxley. Nor do I believe that BSA is submitting fraudulent financial data to the bankruptcy court. AND even if I did believe BSA was doing so, I have every reason to believe a) the accounting firms won't sign that (this isn't the days of Enron anymore) b) the attorneys for the claimants wouldn't be neck deep in those financial records just looking fo
  2. Great @David CO. Rather than just downvote actual data about what not for profit CEOs make, I'll make you a deal. Name the number the BSA CEO should make. What's the dollar figure?
  3. Again, that is NOT the job of the attorney(s) for the victim(s). That is the job of the attorneys for BSA. But let me wrap this up with a comment the judge made in an earlier hearing. She had said that while the survivors have an interest in the outcome of this bankruptcy, so too do the scouts of this generation. She is NOT utterly unaware of what the ramifications are here. And again, let me go back to another point: Kosnoff is ONE LAWYER. Every other attorney on record so far has said they are in favor of a Chapter 7 deal that does NOT kill of BSA.
  4. The industry standard for not for profits is that the CEO makes .1-10% of all expenses generated by the not for profit. The larger the organization, the smaller the percentage. For 2019, BSA had expenses of $460 million. https://ar2019.scouting.org/wp-content/uploads/2020/05/2019-Unaudited-Treasurers-Report-Final-5-13-201_2.pdf The latest reports and data indicate that for a not for profit or charity with similar expenses to BSA, CEO salaries were 0.2% of expenses. https://analytics.excellenceingiving.com/2019-2020-nonprofit-ceo-compensation-study/ https://www.charityn
  5. I had a conversation with a person once who was absolutely convinced that our DE made 2-3 times what she actually does AND that she got paid on commission/the more fundraising she brings in the more she got. When I showed the salary range for the DE position, he was shocked. One more point: if a person was just looking to make money, the not-for-profit world is the LAST place they'd be looking.
  6. It was noted several times during the bankruptcy hearings for BSA that the BSA Board was 70+ people which in the private sector is just insane. The problem is everybody wants seats at the table.
  7. Possible hint of what the non-monetary damages elements of the BSA plan may either a) spell out of b) be required after the bankruptcy settles as part of the plan to have the entire BSA YPT system reviewed. This was the BIG non-monetary demand the TCC had (along with release of the IV files). The following is part of the bankruptcy package that USA Gymnastics has agreed to. Most relevant to BSA I think would be the possible introduction of an INDEPENDENT outside entity to field and investigate sexual abuse claims as well as an entire department, including auditors and lawyers, to do spot
  8. 2. USAG’s Non-Monetary Commitments And Reforms. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47282/c66b1b09-6d90-4e99-85c9-243103212938_1552.pdf It goes on for 4 pages. My own synopsis (many of these reforms are listed as already happened/have happened). Points 1-4 dealt with governance of the organization. Point 5-7 are safety. The adoption of "a new Safe Sport Policy, which mandates reporting, defines specific types of misconduct, sets standards to prohibit “grooming” behavior, and establishes greater accountability." https://usagym.org/pages/education/safesport/
  9. Councils, indeed many organizations, are absolutely loathe to sell property because once it is gone, it is gone. Same with investments. In fact, it is considered a bad business practice and an indicator of bad financial management to dip into your endowment too much.
  10. He has conflicting desires between a) getting all the money the victims can and b) destroying BSA. As I laid out earlier, if he wants to maximize victim compensation, Chapter 7 with a living (if weakened) BSA is the way to go. If he wants to kill BSA, that results in his clients getting less than in the first scenario. He cannot be simultaneously a) in it of the money and b) out to kill BSA. It is either/or.
  11. Yes, it is true. Listen again to what he said. If scouting is to move on, BSA has got to go. He has also said on his Twitter feed he favors #savescoutingEndBSA https://twitter.com/hashtag/savescoutingEndBSA?src=hashtag_click&f=live His argument, which you can agree or disagree with, is that if you really love scouting and are committed to scouting, you MUST at this point scuttle BSA and move on to the next organization that takes its place. I disagree, but that's neither here nor there. Moreover, he is the ONLY attorney to publicly have this view. EVERY OTHER law f
  12. To put into perspective: that makes the math $850,000 per victim in average. Even JUST looking at the non time barred BSA claims (around 15,000) that would be the equivalent of the BSA plan = $12.75 billion. Add in the timebarred and the numbers just become astronomical: $70+ billion.
  13. Then the entity to blame is BSA for operating its program in such a manner that, through its negligence, allowed THOUSANDS of children to be raped. Trying to burden shift here to say that the lawyers (who I'll now say for the 5th time because it clearly isn't getting through to you) are ethically obligated to focus on THEIR CLIENTS should instead not do their jobs is nonsensical.
  14. Again, and I do hate to repeat myself, but I will. The role and function of an attorney is to maximize the amount/value their client receives as compensation. It is NOT the role and function of Kosnoff, or Stang, or ANY attorney for ANYONE other than BSA to care one whit about BSA and the "current scouts". I'll tell you what an attorney acting ethically would feel: "I feel bad for Johnny. I feel worse for my client who was [insert listing of sexual assault that took place] as part of a BSA program where the BSA, COs, and LCs were negligent. Maybe Johnny should ask BSA leaders
  15. BUT a lot of that is locked up in real estate/capital fund. Only 7% ($246 million) is in the operating fund's assets. 40% ($1.2 billion) is locked up in land. 49% ($1.6 billion) is locked up in endowments. So, it isn't like BSA is swimming in cash ala Scrooge McDuck. No one wants to tap into the principle of the endowments. And trying to sell those camps? No way. It took the bankruptcy for some councils to sit down and really decided whether they needed those camps or not.
  16. One more, and I'm only picking on them because they are big Circle Ten's budget for 2019 (latest data I've got from the IRS). https://apps.irs.gov/pub/epostcard/cor/750800615_201912_990_2021040217863611.pdf And estimated 57,000 scouts https://circleten.org/posts/1430 In 2018, Total Expenses = 15,254,062, or $267 per scout. In 2019, Total Expenses = 14,154,166 or $248 per scout. This is consisted with what I've heard in FOS pitches over the years "Scouting costs Council $200 per scout". Ok, but what about the evil, evil salaries? In 2018, 6,849,994 (or 4
  17. Using the data from the above and current membership numbers. Let's use the BSA's latest annual which had youth at 1,199,425. Let's also use 762,000 which was the number that BSA filed with the court at one point earlier this year. Operating Fund Total Net Assets Capital Fund Total Net Assets Endowment Fund Total Net Assets Total Net Assets $76,091,174 $1,425,277,988
  18. We don't know annual budgets for all LCs easy (have to pull 200+ IRS 990 Forms), but we can tell all assets of the LCs. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/213bd53f-b44f-45c9-97fc-246bcb7ca06b_4108.pdf
  19. There is no "AIS Coalition". There is AIS, a grouping of 3 particular lawfirms representing approximately 15,000 claimants OF WHICH some of those 15,000 are members of the Coalition of Abused Scouts for Justice. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/47fa66fb-180b-411f-80c4-59e56cd1d63d_5923.pdf There is the Coalition of Abused Scouts for Justice which represents around 60,000-65,000 claimants INCLUDING SOME that are members of AIS. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/853761_1429.pdf There was a falling out and two of the three
  20. Then re-read what he said or re-listen to what he said. He's been remarkably clear about this. He is NOT looking to kill SCOUTING. He's looking to kill BSA.
  21. Can't have program without money. Money makes the world go 'round.
  22. I want to pull this out to elaborate on a point that I believe separates Kosnoff from the Coalition, the TCC, and perhaps any other attorney involved on the claimants side of the case. I submit the following postulates. The ethical duty of an attorney in a civil proceeding (and bankruptcy is a ancillary to or a subordinate version of a civil proceeding; it is NOT a criminal one) is to zealously advocate in a legal/ethical manner for their client to receive the maximum benefit to which they are entitled under law. It is the duty of a bankruptcy court in a Chapter 7 proceeding t
  23. @Gilwell_1919 I want to respond to this, but in the proper thread, which is this one. Let's be clear what Kosnoff has said. 1) He had stated that scouting should continue. He's repeated that over and over, but that scouting needs to continue WITHOUT BSA. 2) If you found an organization that had, for 100+ years, aided and abetted in the systematic sexual assault of children AND either a) did nothing or b) did not much, I think a reasonable reaction would be "this organization is so corrupt as to be unsalvagable. Start anew." That, to my ear, is Kosnoff's point. I am not saying
  24. Boy Scouts Insurance Fight Complicates Deal to Pay Victims
  25. Two things can be true at the same time: Kosnoff may be the biggest jerk in the world Kosnoff's signature may have been misused/used without his permission #1 has no bearing on #2. #2 has no bearing on #1.
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