CynicalScouter

Generally court appointed independent monitors area appointed by the court to ensure the offending entity (BSA) does not reoffend and complied with any court ordered remediation. If BSA decides the monitor it can be held in contempt and if push comes to shove (depending on how it is written) start removing BSA officers. There is no “liability” other than BSA’s if it tries to defy the court appointed monitor. Time for BSA to start taking this seriously or someone is going to do it for them on behalf of and with the authority of a federal court. If you call someone appointed by the court to make BSA get serious about YP “dictatorial”, oh well.

Considering the shoddy way that the modern BSA is treating victims of sexual abuse (low balling them at $6000) I think BSA still doesn't take sexual abuse seriously. I really, really like the idea of an independent monitor appointed by the court to put the screws to BSA over YPT. Full disclosure of the IV files with redactions (time for BSA to come completely clean). BSA needs to take sexual abuse and its role in it seriously OR have a court appointed monitor do it for them up to and including the authority to remove BSA officials and volunteers. No more playing games, BSA.

Part of the problem is going to be if BSA "co-mingled" funds. Take, for example, the Order of Arrow. How much of that is donations directed to OA (which may or may not be restricted) and how much of it is money BSA shoved into to protect it (which would not be). I'm recalling the trick that the archdiocese of Milwaukee tried to pull. There, when the Archdiocese got sued for sexual abuse, they played a shell game (there, transferring money to a "cemetery fund" called the Cemetery Perpetual Care Trust) and tried to claim it was 100% restricted. The Fifth Circuit Court of Appeals smacked down that shell game in March 2015. By August 2015, the Archdiocese was forced to settle with the abuse victims. And guess where some of the money came from? You guessed it: the Cemetery Perpetual Care Trust. I am wondering, and I bet TCC is wondering as well, how much as shell gamed. Summit to be sure, but what else?

Since YPT was put into place, almost 11000 scouts have been sexually abused. There's always room for improvement. BSA needs to that through its collective corporate heads.

And here's where the "when" comes in. Total liquidated value of BSA is $1.4 billion. I am still not clear how quickly the BSA could pay out. $400 million now, and $100 million a year, every year, for the next decade?

What's in if for BSA? My goodness, how about fewer children raped? How's that? Is that good enough for you or BSA?

Oh goody, then it is ok that those others got sexually abused. I guess they don't matter because they are a rounding error?

I think it is going to cause more trouble. Those funds are the COs. You know it. You admit it. If at this point you attempt to divert them are you are going out the door for a non-Scouting purpose in defiance of the COs desire to keep those funds for that unit as it goes forward, you are facing legal (both civil and yes criminal) liability. It stinks, it really does, but do not do something that is going to jeopardize your future.

As I said before: I want to see Clery style reports in which councils are required to report how many YP violations occur per year and the results (aggregated so no names). I'm betting that the number of "corrections" is absurdly low to this day.

As far as BSA is concerned, their modern YPT program is the best, most perfect thing and needs no improvements. And just coincidence I am sure, but the entire YPT program is being "updated" effective June 1.

Which means the week after that, time to start calling your LCs and see if they will share the information. I think there's a lot of stomachs are about to drop in LCs.

This was what I was expecting, but I'm not clear is it Someone who comes in one time to re-write YP and then leaves A semi-permanent fixture (like a consent decree compliance monitor) who monitors BSA's compliance for a set period of time Both?

Watching now. All I can say is: wow. Wait until the video drops tomorrow. Wow.

My point was that if you are going to claim this. Then you'd have already left scouting given that abuse claims, dozens if not hundreds (most were settled out of court and BSA won't release the details) have already been paid out. There's no debate as to whether or not the abuse claimants will be paid: they will. The only questions are how much and when.

And they post the video within 24 hours

And again, the fact that OTHER organizations were negligent does NOT waive or forgive BSA's negligence.

It could go one of two ways: 1) BSA transfers the title and deed to the Settlement Trust/Settlement Trustee who then sells it on the open market. 2) Summit is sold by BSA and the funds transferred. For example, I know there is one LC camp (cannot remember) that has said they will sell the camp this summer or simply transfer the title and deed.

Here's the problem: BSA was going to shrink anyway. I'm sorry, but the numbers don't lie. BSA membership was in free fall thanks to LDS leaving. Then COVID. The bankruptcy isn't helping, but even if it never happened, BSA's days of 2+ million youth are long gone and it will be lucky if it gets back above 1+ million anytime soon. So, SOME of the sales and losses were going to happen. So, are you losing you camp because of sexual abuse? Or because the council lost 70% of members? Etc. But putting that aside, yes, it is a shame that some camps will be sold. But this is what is called in law a balance of equities. Young people engaged in scouting is a good, both in its own right for the youth and the community as a whole. The judge has said she intends to have scouting continue its mission, and this is a Chapter 11, not Chapter 7 proceeding. Compensating sexual abuse victims who it can be shown were abused in whole or in part due to BSA, Local Council, and/or Chartered Organization negligence is also a good. From a public policy perspective, the legislatures of various states have chosen to reopen the statutes of limitations on these claims. The bankruptcy court is NOT being asked to strike down these laws and if it were, is unlikely to do so. So, balance the equities. Given #3, what is fair? One extreme: BSA and the Local Councils and the Chartered Organizations (along with their insurers) are untouched, the abuse victims get $0. Even BSA acknowledges that is not the right answer. Other extreme: BSA is liquidated, all Local Council assets are seized and liquidated, and Chartered Organizations are left in financial ruin and the insurance companies are in their own Chapter 11s and Chapter 7s. That's not the right answer either. Balance the equities: SOME BSA assets are gone. SOME Local Council assets are gone. SOME COs are going to have to pay. SOME insurance companies are going to pay. And we are back to the only real question in a bankruptcy proceeding: how much and when?

The Boy Scouts of America Foundation has promised at a $42.8 million loan to provide operating cash post-bankruptcy. That is almost 2/3rds of the Foundations total worth $66 million.

From a legal standpoint, it does. The court will look at BSA's negligence (and that of LCs and COs.) The fact that OTHER organizations may ALSO have been negligent will never, ever be allowed into evidence or as part of the trial because it is irrelevant to the question at hand: was BSA (or the LC or CO) in negligence in caring/protecting for the minor and/or in the supervision of the abusive adult leader. Or, as I said more directly: to darn bad that other groups were bad, that doesn't mean what BSA did was OK.

The key to bankruptcy is how much and when. Trying to vet 84,000 claims will take months, years even. The insurers tried at once point to suggest getting documentary support from just 1000 claimants and taking testimony from 100, sort of sampling/precursor. That plan went no where and was vigorously opposed by TCC and attorneys for claimants. So, yeah. Culling out the false claims NOW is great, except that BSA is kinda in a time crunch here.

Too darn bad. The fact that other organizations were negligent does NOT absolve BSA's negligence.

Because of the embarrassment factor. Because it could be simply stubborn ("We are not going to let those vulture lawyers get our prized possession.") etc.

Sorta. The JP Morgan would have first dibs on it based on whatever loans/debt are on it. Then, if there's any value left, it would go into the Abuse Settlement or its value divided among ALL creditors with TCC/victims getting a fraction; that is TBD.

I find it incredibly plausible that BSA officials are telling the lawyers to do whatever they can to not let the Summit financials out. BSA top brass have been in denial about what a financial pit Summit is for so long they are in too deep. If it was made clear, in stark relief, that (for example) BSA dumped $600 million into Summit and still have that much debt on or off the books, it would be horrific and hard to justify NOT turning the darn thing over to the TCC and saying "sell it and best of luck."