MYCVAStory

4 minutes ago, acema606 said:

Is there a recording or transcript of the presentation or a log of who participated?  I would be interested to determine what my local Council's value is listed as  and if they participated.   Our Council has not provided any information beyond the company line quite some time ago that everyone else got... Counicls are separate, money stays local, etc....  

There is no recording.  Your question should go to your Council Exec with the request that he share the TCC's analysis of your Council.

At 3:00PM EST yesterday all LCs had the opportunity to sit in on a two-hour presentation by the TCC professionals and its Financial consultants BRG discussing in great detail its analysis of all Council finances.  The TCC is providing Councils with their individual analyses.

Of note, this was NOT a part of the mediation schedule subject to confidentiality so this can be shared.  And, read into this what you want but the TCC stated that it asked that the Q&A feature be turned on by the BSA so the TCC could take questions and interact with the LCs .  The BSA was hosting the meeting and it refused. 

Any plan and ballot are a long way from being approved and going out.  The debtor's job is to push it's plan ahead.  The TCC's job is to say "not so fast."  Regardless, it's safe to assume that when something does go out for vote the TCC WILL have a statement included with the packet regarding its viewpoint as to what is in the best interest of victims and points to consider. 

As an FYI, victims should rest assured that the TCC has a handle on the insurance issues.  This is the firm the TCC retained at the start of the bankruptcy as its insurance professionals.  https://pasichllp.com/

Specifically, this founder is the lead for the TCC: https://pasichllp.com/attorney/kirk-pasich/

58 minutes ago, T2Eagle said:

That sounds like a lot of money, and I suppose in absolute terms it is, but with 84,000 claimants that's only $7738 per claimant.  Combined with the original BSA offer that's less than $14000 per claimant, which doesn't sound like the level of recompense most folks would be looking for.

Victims would be wise to remember that this was a mediated settlement between one insurer and the BSA, and did NOT include the TCC.  The total amount of the settlement will be the focus for many but victims should await some perspective from the body that is advocating for them and not from the BSA.  What's critical isn't the amount of the settlement with one insurer only but the total exposure of that insurer.  Think about it this way, if it was the insurer who was covering YOU at the time of your abuse, what percentage of that exposure is being offered in this deal?  Would you accept say 10-20 cents on every dollar of your coverage?  Considering the hellstorm of fees that will rain down onto some insurers when they have to defend themselves in court, or answer to their regulators, $650 million might be a hell of a bargain.  I suspect we will hear a reaction from the TCC and its professionals before too long. 

Pardon the repetition but for anyone who needs a reminder and would like to discuss afterward issues that may be more connected to the "nuts and bolts" of this bankruptcy proceeding:

TCC Town Hall Meeting reminder:

Thursday 4/8 at 8PM EDT

https://pszjlaw.zoom.us/j/84324072960

Given the TCC's objection to the BSA's attempt at submitting a reorganization plan this meeting may be of great interest to victims and local councils alike.  

The TCC also posts the video and transcripts afterwards.

TCC Town Hall Meeting reminder:

Thursday 4/8 at 8PM EDT

https://pszjlaw.zoom.us/j/84324072960

Given the TCC's objection to the BSA's attempt at submitting a reorganization plan this meeting may be of great interest to victims and local councils alike.  

The TCC also posts the video and transcripts afterwards.

13 minutes ago, Eagledad said:

What constitutes abuse?

From the Claim Form:

For the purposes of this Sexual Abuse Survivor Proof of Claim, sexual abuse means, with respect to a child under the age of eighteen (18) at the time of the sexual abuse, sexual conduct or misconduct, sexual abuse or molestation, sexual exploitation, sexual touching, sexualized interaction, sexual comments about a person’s body, or other verbal or non-verbal behaviors that facilitated, contributed to, or led up to abuse, regardless of whether or not such behavior was itself sexual or against the law, and regardless of whether the child thought the behavior was sexual abuse at the time. Sexual abuse includes behavior between a child and an adult and between a child and another child, in each instance without regard to whether such activity involved explicit force, whether such activity involved genital or other physical contact, and whether the child associated the abuse with any physical, psychological, or emotional harm. It involves behaviors including penetration or fondling of the child’s body, other body-on- body contact, or non- contact, behaviors such as observing or making images of a child’s naked body, showing or making pornography, or having children behave in sexual behavior as a group.

As well, the following categories were included as "check boxes" to allow for preliminary groupings (NOT solely for final award determination):

What did the sexual abuse involve?

The sexual abuse involved touching outside of my clothing.

The sexual abuse involved touching my bare skin.

The sexual abuse involved fondling or groping.

The sexual abuse involved masturbation.

The sexual abuse involved oral copulation / oral sex.

The sexual abuse involved the penetration of some part of my body.

I hope this helps people understand that the abuse victims are claiming is sexual in nature and not more minor incidents like being hit with a plastic coffee cup.

1 hour ago, Eagle1993 said:

Your post stated "Youth Protection Training protocols used today were enacted" which is what I quoted.  I did not re-word a post. 

Actually, that is a portion of my comment and not the whole comment.  Regardless, my intent in positing was, and is, to share information so that people can make informed decisions.  Here is the claim information by year as shared by the TCC at http://www.pszjlaw.com/assets/htmldocuments/BSA Summary of Sexual Abuse Claims 003.pdf  People can view it, remember that most victims do not come forward until well into their 40's or later, remember that the court has appointed a "Future Claims Representative" to deal with such victims, and decide for themselves whether the BSA is a "Leader" in youth protection.  FYI, since 2010 when YPT training became mandatory for all adult volunteers, claims have now been filed stating that there have been 600 victims of abuse.  Those are claims by individuals and do not represent multiple acts of abuse.  For anyone still believing that this bankruptcy is addressing an "old" problem, that is not the case.

1 hour ago, Eagle1993 said:

This is incorrect.  The training used today is new (~3 years old).  Yes, that was when 2 deep leadership and no one on one contact started but BSA has been making various updates since.  There was also changes to the background check process recently.  This has been an evolving area for BSA and most youth organizations. Claiming there was a hard line in 1990 and no changes since is false.  

Please don't re-word a post.  At no point did the statement include "no changes since."   The year 1990 was used to correspond with the "new version" of YPT.  See "https://www.scoutingnewsroom.org/youth-protection/100-years-of-enhancing-efforts-to-protect-youth 

1 hour ago, vol_scouter said:

Scouting has been and is the leader in youth protection.  Many other organizations have done far less well.  That does not excuse any abuse but the BSA is a leader.  The plaintiffs attorneys wish to paint the BSA in a poor light even though it is not correct.  It is part of the legal crisis that the nation faces.

I encourage you to become informed.  Over 11,000 people have submitted claims for the years following  1990 when many of the Youth Protection Training protocols used today were enacted.  If that alone isn't a "poor light" that has nothing to do with plaintiff attorneys then I don't know what is.  Consider as well that it is wisely accepted that most victims do not come forward until after they are 40, and that the 11,000 claims are INDIVIDUAL claims that include MULTIPLE acts.   Clearly, the days when the BSA could be considered a "leader" in youth protection have ended.

On 4/5/2021 at 12:50 PM, ThenNow said:

. I assumed the judge was chastising both parties when she gasped at the $100M nut, but it would've been more accurately directed at the BSA.

Just for some perspective, the TCC's professional fees were approximately 11% at the time of the Judge's comments.  Whether any amount is seen as reasonable or not is up to opinion, the comparison of the TCC's fees to that of the BSA is important to understand.

43 minutes ago, RememberSchiff said:

We, the members of scouter.com, include scouts as well as scouters. The content is public, the link has been published, and IMHO the decision to view should be left to the individual member.

Legally aren't these numbers criminal allegations? How many were criminal convictions?

Those were my thoughts in moderating that post.

RS

I applaud you in providing the opportunity for people to understand well the extent of the claimed abuse.  This has all remained hidden for too long and until people are confronted with reality they cannot make informed decisions as to how best to react and ultimately deal with what happened.  Over 40,000 people claim to have been victims of the two highest categories of abuse, and those numbers do not reflect multiple instances of abuse.  As well, the published numbers are the "highest" form of abuse and probably include lower forms as well.  Remember too that over 11,000 of the 85,000 cases occurred since the current Youth Protection Training protocols were largely initiated in 1990.  Oh, and it is widely accepted that many victims don't come forward until they are 40+ so that 11,000 may be much less than reality.   It's time to deal with reality in this bankruptcy, and with the future of the BSA.   The reckoning has begun.

Because of the confidential nature of mediation there should be little news of the proceedings the next three days.  The TCC will be holding its April Town Hall on Thursday April 8th.  I suspect there will be some discussion then to the extent possible.  Remember, mediation has been on-going and will be continuing so while the next three days are more "intensive" they aren't the start or end of the process and confidentiality rules will continue.  Town hall starts at 8PM on the 8th.  Link is https://pszjlaw.zoom.us/j/84324072960  

TCCBSA.COM for links to past meeting recordings.

1 hour ago, DavidLeeLambert said:

And from what I've seen of the TCC members who presented during Town Halls, I don't imagine they'd be particularly bothered or endangered simply by setting foot on BSA or Local Council property.

This is all a moot point right now.  The Judge has denied the motion to hold the mediation completely virtually.  Regardless, rules will be put in place so that communication is orderly and on equal footing.  The TCC has shared that it will have representation on-site while its bankruptcy professionals are organized across the country.   Victims need to know that the TCC will be an active part of this process equal to all parties.  As far as the comment above, I think it's reasonable to assume that anyone who was sexually abused while in the scouts, especially at a camp, would be "particularly bothered" by visiting a similar facility and/or one owned by the organization you believe is responsible for your abuse.

21 minutes ago, walk in the woods said:

Yeah, if he's making a COVID argument and suggesting CA, he'll get the same argument thrown back in his face.

The TCCs motion intends to put everyone on the same playing field by having all participants on Zoom.  Suggestions that TCC members, who are victims, put their physical health at risk via traveling to a site where there Covid-19 is running rampant, after suffering years of mental effects from their abuse via BSA involvement, is what made the TCC's professionals address this.   TCC members do not wish to be victims again and are thinking of the well-being of all involved; their professionals and others.   As well, suggesting that any of this occur at a BSA facility is not well-considered when considering the victims and the impact of that.  Whether this occurs completely via Zoom or not, it's safe to assume that the TCC will have representation on-site if needed and has complete plans in place to be actively engaged in-person or virtually.

10 minutes ago, Eagle1993 said:

IMHO, the ONLY way a settlement is reached is if there is trust from the TCC and the claimants that the offer represents a significant portion of local council available assets.  The only way the BSA LCs can establish this trust is through transparency.  Without transparency, I see no way the TCC recommends approval EVER.  Without their approval, there will never be a settlement that includes LCs.

 

This is why the TCC has employed BRG as its financial professionals to evaluate the finances of EVERY local Council, including properties and over 500 appraisals of properties have been completed.  The TCC is not going to trust any local council, insurer, or the BSA.  Per bankruptcy procedures BRG, who specializes in this, has had access to all internal BSA financial networks and is doing its own due diligence to determine BSA and LC financial ability to continue operation after contributions.  The TCC has also employed Pasich to do the same with the insurers.  Victims should not lose sleep over widespread hiding of assets.  As far as selling assets now, perhaps victims should feel good that now that would be an excellent idea for the LCs.  As long as it's done at fair market value (and remember, the TCC has its own appraisals that include a judgement as to whether those "deed restrictions" really exist) then it provides readily accessible cash for the settlement.  If not completed at FMV then action can be taken to unwind it.  The tide has shifted.  The TCC hired the best professionals that specialize in bankruptcy and is prepared. 

17 minutes ago, CynicalScouter said:

The point is that they won't be. The claimants are being told to start filing suits against the local councils and even the COs NOW.

EDIT: This is NOT going to end or stop with National being liquidated and every HA base sold. They made it absolutely clear: with a 66% threshold vote they will be going after BSA National, the Local Councils, the Chartered Organizations, and individuals (which I interpreted as both the abusers and those in positions of authority that could have or should have stopped the abuse or exercised control over the abuser).

They are going to produce a transcript and post a recording of the video later, but I am telling you here folks: BSA National is dead. ANY Council in a state that eased restrictions on the statutes of limitations is dead.

I just am sitting here stunned.

I believe the point that the TCC was making was for all victims to understand that the bankruptcy process is a "business" process.  As such, and the way that bankruptcy works, is that you need to generate the maximum amount of leverage.  One way this is accomplished is for victims to exercise, when able, their legal rights to sue responsible parties.  This often gets parties to the table when they realize it isn't someone else's problem, it's theirs.  As well, it's important for victims to understand that just because they have filed a bankruptcy proof of claim it doesn't mean they have taken individual action against a party.  In their interest the TCC was reminding victims to use their legal rights to their fullest ability.

In case anyone is interested, the TCC, in preparation for tonight's Town Hall, just posted its summary of sexual abuse claims.    From TCCBSA.COM :

http://www.pszjlaw.com/assets/htmldocuments/BSA Summary of Sexual Abuse Claims.pdf

This helps lend context to much and also the view of the effectiveness of YPT.  Please remember that it often takes decades for victims to come forward and declining numbers are not necessarily an indication of effectiveness, but rather the reality of men not prepared to address their abuse at a young age. 

25 minutes ago, ThenNow said:

Are there any materials/specific court filings that would help inform us prior to getting on the meeting? Thanks for this.

My understanding is that this Town Hall Meeting will focus upon the plan, claims data, and the TCCs view.

A friendly reminder regarding the TCC Town Hall meeting tonight:

NOTICE OF VIRTUAL TOWN HALL MEETINGS HOSTED BY THE OFFICIAL COMMITTEE OF BOY SCOUT ABUSE SURVIVORS

The next TCC Town Hall will be held on Thursday, March 11, 2021, at 5pm PST/8pm EST. No registration is required.

Town Hall Zoom link

A friendly reminder since the subject of Youth Protection may come up tonight:

NOTICE OF VIRTUAL TOWN HALL MEETINGS HOSTED BY THE OFFICIAL COMMITTEE OF BOY SCOUT ABUSE SURVIVORS

The next TCC Town Hall will be held on Thursday, March 11, 2021, at 5pm PST/8pm EST. No registration is required.

Town Hall Zoom link

One of the realities of the current bankruptcy process is that the parties, including the Official Committee of Boy Scout Abuse Survivors (TCC), are proceeding under the rules of mediation confidentiality.  This limits what can be shared.  So, it's important to get information when it's shared directly from the TCC.  The next opportunity is Thursday 3/11 at 8:00 EST during the monthly town hall meeting.  From the TCC's website TCCBSA.COM

NOTICE OF VIRTUAL TOWN HALL MEETINGS HOSTED BY THE OFFICIAL COMMITTEE OF BOY SCOUT ABUSE SURVIVORS

The next TCC Town Hall will be held on Thursday, March 11, 2021, at 5pm PST/8pm EST. No registration is required.

Town Hall Zoom link

For those who would like to hear the Tort Claimants Committee's response, directly, to the BSA plan you may watch the TCC's March Town Hall on the 11th at 8PM EST.  The link will be posted at the TCC's website www.tccbsa.com soon.   The notice of the meeting as filed earlier today is attached. 

BSA - 2304 - Notice of March Virtual Town Hall Meeting.pdf