MYCVAStory

BOOM: https://www.andersonadvocates.com/former-10-year-boy-scout-youth-protection-director-blows-whistle/

Scouts BSA is Not a Safe Place for Children Today, Congress Must Take Immediate Action

Scouting is High-Risk, Does Not Meet Minimum Safety Standards

BSA Allows Predators Overnight Access to Kids

Press Conference: Tuesday, October 12 at 1:30 p.m. ET

(Washington, D.C.) – At a press conference, the 10-year former Youth Protection Director for Scouts BSA (formerly the Boy Scouts of America) will speak out about the dangers that Scouts BSA pose to children right now. He will also:

• Present an open letter, given to members of Congress, urging them to begin investigations and hearings immediately into the dangers that exist and the cover-up of abuse
• Reveal BSA policies that allow predators access to children today
• Expose how current Scouts BSA leadership and business model foster danger, secrecy, abuse and cover-up
• Disclose details on former detective refusing to sign NDA, non-disparagement agreement
• Demand full disclosure of hidden documents and identities of all predators, past and present
• Demand release of internal expert analysis that identifies known perils within BSA
• Demand full disclosure of the perversion files kept secret

BOOM:  https://www.andersonadvocates.com/former-10-year-boy-scout-youth-protection-director-blows-whistle/

At a press conference, the 10-year former Youth Protection Director for Scouts BSA (formerly the Boy Scouts of America) will speak out about the dangers that Scouts BSA pose to children right now. He will also:

• Present an open letter, given to members of Congress, urging them to begin investigations and hearings immediately into the dangers that exist and the cover-up of abuse
• Reveal BSA policies that allow predators access to children today
• Expose how current Scouts BSA leadership and business model foster danger, secrecy, abuse and cover-up
• Disclose details on former detective refusing to sign NDA, non-disparagement agreement
• Demand full disclosure of hidden documents and identities of all predators, past and present
• Demand release of internal expert analysis that identifies known perils within BSA
• Demand full disclosure of the perversion files kept secret

4 hours ago, Eagle1993 said:

What is Bates White experience in other cases in terms of child sex abuse claims?  Claro seems to have a lot of experience in other cases.  I wonder if the judge will take that into account. 

Bates White, working on behalf of the DEBTOR, and in this case the RESPONSIBLE party, had every reason to lowball estimates.  Claro, working on behalf of the SURVIVORS....not so much.  This might put a very interesting perspective on things.

33 minutes ago, CynicalScouter said:

3) expect tons and tons a  of discovery demands. A case this big I would expect the docket will just going to be a mess.

Besides the TCC  discovery demands that came out today THIS is huge: Order Authorizing And Approving The Tort Claimants Committees Application For Entry Of An Order Under 11 U.S.C. §§ 1103(a) And 328(a) And Fed. R. Bankr. P. 2014(a) Authorizing Retention Of The Claro Group LLC As Expert Consultant On Sexual Abuse And Expert Witness Effective As Of September 1, 2021 (Related Doc # [6287]) Order Signed on 10/8/2021. (CMB)

The TCC has retained a firm to act as an expert witness and begin the process of valuing claims.  Claro has been used in many other cases to get an idea of values based upon historical settlements, SOLs, etc.  Remember thatthe TCC was trying to get an estimation motion" approved but was swimming upstream when the parties decided it would take too long.  So, if this plan has the votes or is close the TCC will potentially have the ammunition to demonstrate that the values are unreasonably being compensated too little.  They are the real deal: https://www.theclarogroup.com/

2 minutes ago, skeptic said:

Pure insanity from my perspective.  If that is truly their idea of fair and balanced, then they are under the influence.  Please do not give me the BS about I do not care or something.  This figure is simply so far out there that I am surprised they would share it.  

"Value" and "expectations" are two different things.

2 minutes ago, Muttsy said:

Add to that that insurance carriers have a near absolute legal duty to defend albeit under a reservation of rights, the financial risks to these carriers if all these cases go back into the tort system, it is a nightmare scenario for them. 

ABSOLUTELY correct and the reason the Coalition accepting The Hartford's lowball deal with the BSA and what I suspect will be more lowball setlements is a complete slap in the face to every Survivor.  It's a good deal for ONE group, the attorneys who accepted it.

Reminder....gloves off for the TCC tonight:

The next TCC Town Hall will take place on Thursday, October 7, 2021, at 8:00 p.m. (Eastern Time) (Click here to view the complete notice.)

• https://pszjlaw.zoom.us/j/82272826295 (no registration required)
• By telephone: 888-788-0099 (toll free), Webinar ID: 822 7282 6295.

To be discussed: 

• Plan solicitation materials and voting ballots
• TCC’s recommendation on how to vote

Some thoughts.  The TCC, if/when it can present a plan needs to set a foundation for the future and not try to solve every problem that exists today with today's standards.  A good risk management plan does that but also has built-in review and evaluation as an internal feedback loop to create an environment of change as laws, policies and best practices change.  In teh case of teh BSA a CRITICAL part of any YP change MUST be a regular practice of transparency with the public.  You want your sainted congressional charter?  Prove to the public that you deserve it and allow the public representatives to judge that on behalf of the people who elected them.  The TCC must demand a process that will allow an independant body to retain the BEST expert(s) available to evaluate practices, successes and failires, and make recomendations.  ALL work must be public.  The BSA is responsible for its own operation but MUST report on the recomendations to be enacted and as importantly the rationale for the ones taht are not.  Further, ANUALLY there must be public reporting of YP performance that is audited and certified as accurate by a third-party.  The days of secrets and public mistrust MUST end.  Whether you believe that all CSA can be prevented or not the BSA owes a responsibility to the public NOW and especially in the future to make clear its performance and that it is conforming to the best standards of the day.  Like I said, I'd be surprised if the nine Survivors on the TCC would come up with a laundry list of what works today and think that's good enough.  All of the preceding said, some comments in BOLD from the disclosure statement....

28. Non-Monetary Commitments

The Debtors shall take the following actions to promote healing and reconciliation and to continue the Debtors’ efforts to prevent Abuse from occurring in Scouting in the future:

a.      The Debtors shall form a committee (the “Child Protection Committee”) of members from the BSA, Local Councils, the Tort Claimants’ Committee, and the Coalition (including survivors). The functions of the Child Protection Committee include the following:

NO mention of numbers of members.  Coalition members “include” survivors but don’t have to be?

(i) No later than six months after the Effective Date, the BSA will present to the Committee on the BSA’s current Youth Protection Program (the “Youth Protection Program”). The BSA will report to the Child Protection Committee regarding the Youth Protection Program and any changes thereto on an annual basis for a period of three years following the Effective Date.   NO mention of when this will happen other than annually.  The BIGGEST sin though is that this reporting of changes (only?) is to continue for THREE YEARS ONLY.  What is the lifespan of this Committee?

(ii) Following that presentation, the BSA and Child Protection Committee will work with an entity engaged by the BSA that is selected with the consultation of the Child Protection Committee that is not currently affiliated with the BSA to evaluate the Youth Protection Program (the “Evaluating Entity”). The Evaluating Entity will have expertise in the prevention of youth sexual abuse.  “In consultation” with the Committee but not expressly with their agreement only?

(A) Any evaluation will be comprehensive in nature and include input from current BSA volunteers and professionals, survivors of sexual abuse while involved with Scouting, the members of the Child Protection Committee, and the Evaluating Entity.

(B) The Evaluating Entity will report to the Child Protection Committee assessing the current Youth Protection Program and make specific recommendations for reasonable improvements to the Youth Protection Program that may include mechanisms for the elimination of abuse and accurate and annual reporting regarding the results of the Youth Protection Program, including confirmed instances of sexual abuse that is made available to the public (the “Prospective Reporting”).  This notes “may include” but does not expressly require annual reporting.  It is all “recommendations” of course

(C) The BSA will engage with the Evaluating Entity, and the Child Protection Committee, and will take appropriate steps as necessary to improve the Program. Changes to the Youth Protection Program will be reported on the BSA’s Youth Protection Program website and training will be reasonably adjusted to reflect changes.   NO mention is made of the abuse reporting ANNUALLY for public viewing.

(iii) The BSA will propose and the Child Protection Committee will consider a protocol for the review and publication of information in the Volunteer Screening Database and the Prospective Reporting, which will take into account factors including: (i) the desire to make public credibly identified perpetrators of sexual abuse in Scouting; (ii) adequate protections for survivor identities; (iii) consideration regarding the protection of third parties, including survivor family members and volunteers; (iv) a notification process regarding any publication; (v) issues related to privacy and liability related to publication; and (vi) the potential appointment or retention of an appropriate neutral party to supervise the evaluation and review of the Volunteer Screening Database (the “Neutral Supervisor”). If the BSA and Child Protection Committee are unable to reach an agreement on the above protocol, the Neutral Supervisor shall mediate the dispute to resolution. In accordance with the process outlined above, information from the Volunteer Screening Database and Prospective Reporting shall be published annually after agreement among the parties or determination by the Neutral Supervisor.  

(iv) After consultation and recommendations from the Evaluating Entity, the Child Protection Committee may propose and the BSA will in good faith consider other issues relating to child protection, including: (i) special BSA Scouting programs for survivors; and (ii) participation and leadership in a comprehensive reporting program to include other youth-serving organizations.

The BSA is trying to tie itself to other "youth-serving organizations" for cover.  "They do it so we do it too."  The BSA is unique in its programs so tying standards for behavior to an organization that doesn't regularly include overnight travel, for example, is a red-herring.

(v) The BSA will engage with the Child Protection Committee and consider all appropriate measures proposed by the Child Protection Committee to improve transparency and accountability with respect to any future instances of sexual abuse, including the dissemination of information relating to abuse statistics, consistent with practices of other youth-serving organizations, including what information may be publically available on the BSA’s website.

      “….will consider” and “consistent with practices” is VERY weak.  This guarantees nothing let alone does not define the “practices.”

The BSA has had 18 months post-bankruptcy, and how many in preperation of, and this is the best it can do?  How is this convincing the public it wants to seriously address the problem?  If teh answer is "They didn't want to do too much in case it was seen as an admission of guilt" well, that cat's out of the bag or it wouldn't want permanent injunctions AND it's still serving children NOW.  Shameful.

TCC has announced a Town Hall Thursday at 8 EST.

https://pszjlaw.zoom.us/j/82272826295 (no registration required)

or Phone number: 888- 788-0099 (Toll Free), Webinar ID: 822 7282 6295.

At this Town Hall, the TCC will discuss: (1) Solicitation Materials and Voting Ballots and (2) the TCC’s recommendation on how to vote

1 minute ago, ThenNow said:

Easy. You’re desperate to buy that pair of Ferragamo’s and matching croc belt. 

With the little money at stake you mean a "Roylex" and "Guchey" shoes. 😉

5 minutes ago, johnsch322 said:

Is there anyone on this forum that could give me a rational objective reason to vote anything but NO on the current proposal?

My fear is that the answer to your question is for a lot of people "I haven't been paying attention but have a Coalition attorney I have never heard from who wants a payday sooner rather than later to pay his/her bills so they are telling me to vote yes and I'll get my pennies sooner."

As a follow-up, here's an example of how the advice is supposed to be given:  https://boyscoutssexualabuse.com/

Notice that the firm says "Our recomendation to our clients" and not "ALL clients."  That said, the volunteer Survivors of the TCC don't have clients and aren't bound by that.  Expect them to make clear their advice!

19 minutes ago, CynicalScouter said:

Kosnoff: Coalition is already soliciting (per court's order, not suppose to start until October 15)

ANY attorney can give his advice to his/her client at any time.  They cannot provide advice on a plan that doesn't exist or give advice to clients that aren't theres.  This is a tricky issue and in other mass tort cases the judge has been asked to stop robo-calling and automated texts.  It will be interesting to see how far this goes before there's a lot of crying "FOUL."

If anyone wants to understand the mass tort ecosystem and aggregators, the WSJ did a great piece on it a couple years ago.  https://www.wsj.com/articles/inside-the-mass-tort-machine-that-powers-thousands-of-roundup-lawsuits-11574700480 

Sorry, it's paywalled and I'm not at work where I can do a little cuttin and pastin.  But here's some more links to turn your stomach:

Want to invest in the attorneys who play the mass tort game and need funding for all those commercials?  https://www.yieldstreet.com/resources/article/mass-tort-and-litigation-funding/ and their fund: https://www.yieldstreet.com/offering/OkGumg/legal-finance-fund-ii

Or how about jumping right in to the mass tort game as a lawyer: https://mtmp.com/

You could even attend a session where Ann Andrews from Coalition fame is the speaker.  Just look at that lengthy history of representing victims of abuse: https://mtmp.com/speaker/anne-andrews/  She must be really good because she serves on the TCC!  Earlier this year, I began serving on the Tort Claimants Creditors’ Committee in Boy Scouts  I hope a TCC member or two is reading this and asks her to stop saying that.

The deeper I look at this "industry" the more disgusted I get.  And....don't get me started on the specialized aggregators.

13 minutes ago, CynicalScouter said:

Because all three AIS firms claim they all three jointly represent all 16,000.

That number has been used by Kosnoff to claim HE represents 16,000. Etc.

That is a VERY important point.  In the Q&A at last night's Town Hall MANY participants were asking if their attorney was a part of the Coalition, and many commented that their attorney was but they didn't support the plan.  It's going to be interesting to see how this shakes out and whether all the high numbers the Coalition has been throwing around really become reality.  I'm increasingly feeling like the BSA's finances aren't the only "melting ice cube."

4 minutes ago, CynicalScouter said:

I extremely doubt that the court will allow a speculative statement (there is a plan "being discussed"). I know based on my review that have been times where dueling plans were sent out (vote for Plan 1 or Plan 2) but that time has passed and BSA is going to get its plan out the door to vote before the TCC can get its plan formally before the court.

The TCC can't "solicit" for a plan that hasn't been filed, and it can't be filed until exclusivity ended.  The judge screwed them on this to get the BSA's plan out the door.  This will come up in October.  In the mean time it CAN say that it has a plan prepared.  What it doesn't say is that it has "deals" with insurers.  So, it needs to make teh case that the "deals" in place are garbage.  That shouldn't be hard.

I have a hunch that the members of the TCC will now go after the Coalition at the Town Hall.  Note to ANYONE who is NOT a victim...don't piss them off.  The TCC has consistently spoken on behalf of all survivors, including the Coalition's.  Now the Coalition is trying to make the TCC the enemy of Survivors?  Like I said, I have a hunch the TCC isn't going to sit back for that.  Survivors have decades of pent-up rage.  It doesn't take much for it to come out.

Just a reminder, since I have a hunch the TCC is going to have a few things to say about all of this, the next Town Hall is Tomorrow (Thursday) night.  From TCCBSA.COM:

The next TCC Town Hall will take place on Thursday, September 30, 2021. (Click here to view the notice.)

• Zoom link: https://pszjlaw.zoom.us/j/82272826295 (no registration required)
• By phone: 888-788-0099 (toll free), webinar ID: 822 7282 6295.

At this Town Hall, the TCC will discuss: (1) Status of Boy Scouts's bankruptcy case and (2) status of the disclosure statement and chapter 11 plan approval process.

2 minutes ago, SiouxRanger said:

So, the Coalition attorneys want to wrap it up and get their % fees because they realize that they truly can "get by" in America on 40% of $1.88 billion-so why wait?

Yep.  And if you smelled a sense of desperation when Rothweiler spoke on and on from prepared remarks he read (after saying he didn't expect to be speaking)  it might have to do with the fact that all those commercials and overhead and professional fees for Molton and company may be due and stacking up.  Coalition cut of $752 million might help pay that.

5 minutes ago, SiouxRanger said:

So, the significance of this is that the BSA admitted that its valuation of all of the claims is $24± billion, and that BSA admits it is offering $1.88 billion?  7.8±%

And that the Coalition's acceptance already of lowball settlements "on behalf" of survivors, under the guise of getting them awards quickly, truly is as Stang said a "Race to the bottom."

TCC has announced/filed a notice of a Town Hall for Thursday night:

PLEASE TAKE FURTHER NOTICE that the Tort Claimants’ Committee will
hold a virtual town hall meeting on September 30, 2021 at 8:00 p.m. (Eastern Time); Zoom
link: https://pszjlaw.zoom.us/j/82272826295 (no registration required) or Phone number:
888-788-0099 (Toll Free), Webinar ID: 822 7282 6295. At this Town Hall, the TCC will
discuss: (1) Status of Boy Scout’s Bankruptcy Case and (2) Status of the Disclosure Statement
and Chapter 11 Plan approval process.

Judge allows the $3500 box to stay on the ballot so the court will know who voted.  HUGE win for the TCC!

Confirmation hearing is January 24.  Parties are to cooperate to meet that and agree to scheduling and document production.

1 minute ago, CynicalScouter said:

She has expresssd this concern before. Not new

I meant today....handy use of that when she had lost control.