tag:blogger.com,1999:blog-30412896.post569957580991046674..comments2024-01-05T02:53:03.358-06:00Comments on American Zombie: DHECC - Louis Freeh: Trojan stalking horseJason Brad Berryhttp://www.blogger.com/profile/18421813599753848735noreply@blogger.comBlogger38125tag:blogger.com,1999:blog-30412896.post-81981793057370672662014-12-31T19:20:44.165-06:002014-12-31T19:20:44.165-06:00Freeh has been known to accept a bribe, ... Or a $...Freeh has been known to accept a bribe, ... Or a $3M house http://t.co/Iit7Yzafn5Clayhttps://www.blogger.com/profile/04317258394378203986noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-14931285569724380302014-10-16T13:07:42.001-05:002014-10-16T13:07:42.001-05:00"They are represented !!"
Maybe so, but..."They are represented !!"<br /><br />Maybe so, but not individually, and regardless of the PSC's involvement, CPAs and "claims processors" are still practicing law without a license if they are representing and advising claimants about their rights in connection with a claim they helped the claimant file in a federal lawsuit settlement. If it quacks like a duck, walks like a duck, etc. You know the rest.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-61759900599498445842014-10-16T10:46:49.275-05:002014-10-16T10:46:49.275-05:00They are represented !!
From the class notice pag...They are represented !!<br /><br />From the class notice page 18 question 30.<br /><br />Do I have an attorney in the case?<br /><br />The Court has appointed Stephen J. Herman (Lead Class Counsel), James Parkerson Roy (Lead Class Counsel), Brian H. Barr, Jeffery A. Breit, Elizabeth J. Cabraser, Philip F. Cossich, Jr., Robert T. Cunningham, Alphonso Michael Espy, Calvin C. Fayard, Jr., Robin L. Greenwald, Ervin A. Gonzalez, Rhon E. Jones, Matthew E. Lundy, Michael C. Palmintier, Joseph F. Rice, Paul M. Sterbcow, Scott Summy, Mikal C. Watts and Conrad S. P. Williams as “Economic & Property Damages Class Counsel” to represent the E&PD Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.The Court has appointed Stephen J. Herman (Lead Class Counsel), James Parkerson Roy (Lead Class Counsel), Brian H. Barr, Jeffery A. Breit, Elizabeth J. Cabraser, Philip F. Cossich, Jr., Robert T. Cunningham, Alphonso Michael Espy, Calvin C. Fayard, Jr., Robin L. Greenwald, Ervin A. Gonzalez, Rhon E. Jones, Matthew E. Lundy, Michael C. Palmintier, Joseph F. Rice, Paul M. Sterbcow, Scott Summy, Mikal C. Watts and Conrad S. P. Williams as “Economic & Property Damages Class Counsel” to represent the E&PD Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense. <br /><br />I believe this was the same flaw in GCCF but part of the design to have pro se submit documents believing that the intent was the court vendors worked in their best interest. <br /><br />Unfortunately they have been misled, individuals are fighting trained well funded claim killers. <br /><br />Just look at the appeals process if you were one of the lucky to receive an offer. BP had an appeal started well before the offer was released " confidentiality order instructed BP to destroy all prepared doc's & records ".<br /><br /> Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-29309379593557923632014-10-16T09:03:09.652-05:002014-10-16T09:03:09.652-05:00The kind of stuff detailed in that story happens a...The kind of stuff detailed in that story happens all the time in all large settlements. I think DAs and state bar associations have been dropping the ball on investigating and prosecuting that sort of thing for a long time. That it is happening in the BP settlement shouldn't surprise anyone, but, again, this happens in all settlements like this so its not an instance of corruption unique to this settlement and it doesn't mean BP is or was harmed by it (although as the number if claims increase, so do the chances that among them are some fraudulent claims). This is really about plaintiff attorneys hiring runners, which is a major violation of the rules of professional liability. At least runner situations still result in a lawyer, who has their license on the line, filing the claims. What is more dangerous than those situations are the CPAs and "claims processors"(whatever that is) who are signing up claimants and filing their claims without the involvement of an attorney. How they can claim they aren't practicing law is beyond me. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-9837232085262689512014-10-15T22:56:31.016-05:002014-10-15T22:56:31.016-05:00That last link is to a lawsuit over allegedly unpa...That last link is to a lawsuit over allegedly unpaid billings to pr consultants tasked with signing up seafood claimants for the DWH. They claim to have signed bout 10,000 claimants up. They cali to be owed 8.5 Million + expenses at the rate of $1,500 per hour. Filing at link. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-90506319132054435772014-10-15T19:46:29.826-05:002014-10-15T19:46:29.826-05:00You may be interested in this story.
http://www.s...You may be interested in this story.<br /><br />http://www.sunherald.com/2014/10/14/5855750/scott-walker-and-associates-to.htmlAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-56790313507458620092014-10-15T17:46:53.805-05:002014-10-15T17:46:53.805-05:00"I just couldn't help but notice the iron..."I just couldn't help but notice the irony that the CA and PSC are now arguing the point that the settlement is, indeed, denying a record number of claimants in order to keep it intact."<br /><br />Re irony, the PSC's response to BP's motion to dump the CA includes a long list of rulings/interpretations by the CA that favored BP's viewpoint, and were opposed by PSC, to demonstrate that the CA is not anti-BP. (In other words, this guy's killing us, so please don't fire him.) <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-82546805647936038462014-10-15T08:00:57.163-05:002014-10-15T08:00:57.163-05:00More losers than winners!
20. DUTIES OF ECONOMIC ...More losers than winners!<br /><br />20. DUTIES OF ECONOMIC CLASS COUNSEL.<br /><br /><br />20.1. Interim Class Counsel and Proposed Economic Class Counsel acknowledge that under applicable law their duty is to the (entire) Economic Class, to act in the best interest of the Economic Class as a whole, with respect to promoting, supporting, and effectuating, as fair, adequate and reasonable, the approval, implementation, and administration of the Settlement embodied in this Agreement, and that their professional responsibilities as attorneys are to be viewed in this light, under the ongoing supervision and jurisdiction of the Court that appoints them to represent the interests of the Economic Class.<br /><br /> Since the topic is the BEL group I isolated these alone ( BEL, Failed & Start ups ). <br /><br />If the best interest of the whole is to terminate this deal what stats will it take,<br /><br />4,340 causation denials.<br /><br />1,378 other denials.<br /><br />12,543 Incomplete denials.<br /><br />18,261 total denials to date for this group alone.<br /><br />Compared to 11,783 unique claimants paid for the same group.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-81141067250740021752014-10-13T18:21:33.673-05:002014-10-13T18:21:33.673-05:00Irony or not, I suppose they'd probably respon...Irony or not, I suppose they'd probably respond that the purpose of their SCOTUS briefs is to support the settlement that BP is attacking, and if that means pointing out that 2,840 BEL claims were denied for lack of causation as of 10/13 (i.e., there IS a causation filter), so be it. <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-16824244505338826102014-10-13T17:28:12.652-05:002014-10-13T17:28:12.652-05:00PSC wake up and smell the coffee.
Your responsibi...PSC wake up and smell the coffee.<br /><br />Your responsibility is to the whole class.<br /><br />Out of the 35,322 notices to the BEL group only 42% or 15,278 received an offer<br />that's 58% of your BEL class that received a denial.<br /><br />Take the total amount of claims filed for the BEL group of 113,744 less the 15,278 BEL claimants that received an offer and that only equals 13.4% either way these numbers don't support your arguments to save the settlement.<br /><br />Oh by the way another 3,074 took the final payment offered by GCCF after you stated that virtually all claimants would receive a greater payment under this settlement than under GCCF.<br /><br /><br /><br /> <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-34009344395470727272014-10-13T16:42:41.583-05:002014-10-13T16:42:41.583-05:00"Besides, whatever the accurate number of cau..."Besides, whatever the accurate number of causation-related BEL denials might be on any particular day, the obvious point being made is that if causation is being ignored for BEL claims, as BP argues, then there wouldn't be thousands of denials based on failure to prove causation. "<br /><br />The argument being, "BP's wrong...this settlement totally sucks now!" :) <br /><br />Not trying to pick a fight I just couldn't help but notice the irony that the CA and PSC are now arguing the point that the settlement is, indeed, denying a record number of claimants in order to keep it intact. Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-11686590025547241692014-10-13T16:35:58.765-05:002014-10-13T16:35:58.765-05:00Anon said: "On page 17 they [PSC] [c]ite the ...Anon said: "On page 17 they [PSC] [c]ite the objective causation test guarantees no recovery for 2840 BEL class members. This is not accurate the BEL class consist of three claim types BEL, Start Ups & Failed Businesses. Using today's stats the true number is 4,328 denied for causation."<br /><br />First, there's a footnote in the PSC's brief to show the source of the referenced number, and that same number (2,840) was also referenced by the Claims Administrator in footnote 3 of his SCOTUS brief (saying it came from his 10/2013 status report to the district court).<br /><br />Besides, whatever the accurate number of causation-related BEL denials might be on any particular day, the obvious point being made is that if causation is being ignored for BEL claims, as BP argues, then there wouldn't be thousands of denials based on failure to prove causation. <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-62079534104132807972014-10-13T11:36:52.855-05:002014-10-13T11:36:52.855-05:00Well the PSC filed their Brief in Opposition to SC...Well the PSC filed their Brief in Opposition to SCOTUS.<br /><br />On page 17 they site the objective causation test guarantees no recovery for 2840 BEL class members. <br /><br />This is not accurate the BEL class consist of three claim types BEL, Start Ups & Failed Businesses. <br /><br />Using today's stats the true number is 4,328 denied for causation .<br /><br />Take it a step further and add all the claim offers and denials.<br /><br />The three BEL claim categories offers made 15,278<br /><br />Add up the eligible with no payment, excluded, causation, other and incomplete denials the number jumps to 20,044 <br /><br />BP has never mentioned this benefit in any of their ads! Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-49056707109687316472014-10-12T14:09:50.686-05:002014-10-12T14:09:50.686-05:00We the victims are at war !
Just review the war of...We the victims are at war !<br />Just review the war of 1812.<br /><br />BP has hired the best war games strategist Ted Olsen while we are represented by the keystone cops, the three stooges and yes maybe even a Benedict Arnold from the prior war.<br /><br />And let's not forget about the court vendors the trained assassins with multiple kills laughing all the way to the bank on BP's dime. The ones that are in sheep's clothing given the responsibility in sec 4.3.7 - 4.3.8 to render the greatest possible offer allow under the terms of the settlement language.<br /><br />Well the war ended in The Battle of New Orleans hopefully one of the 15 will stand up and be an American hero and kick some RED COATS ASS !!!!!!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-37656611976472809742014-10-12T12:13:34.295-05:002014-10-12T12:13:34.295-05:00$600,000,000$600,000,000Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-28914273597267311682014-10-12T11:36:05.374-05:002014-10-12T11:36:05.374-05:00If anyone thinks that this was not the plan from t...If anyone thinks that this was not the plan from the beginning, ask yourself why the 6% attorneys fee awarded to the PSC was set at $600,000. If the total settlement was $7.5B as BP initially stated, they overpaid. If it was $19B as PAJ estimated, then the PSC was underpaid.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-18486726432959784692014-10-12T10:13:58.466-05:002014-10-12T10:13:58.466-05:00After processing hundreds of claims for a few law ...After processing hundreds of claims for a few law firms for nearly 4 years I can tell you exactly what's happening.<br /><br />Once we have all the documents it takes roughly 3-4 days for us to calculate a loss on a claim.<br /><br />I believe most of the clams submitted have been calculated by the court vendors. <br />Paj is on record as to providing cost projections to BP in the neighborhood of 19 billion although BP has only reported estimates of 9.8 billion. BP is also on record complaining about the cost of administration at $10,000 per claim.<br /><br />Objective vs Subjective Reality<br /><br />The objectives of policy 495 was to reduce the impact to BP's exposure and overwhelm the claim center with the implementation of the claims process. <br /><br />Their has been a collective effort to pass policies, hold back offers or add additional requirements to reduce the over all cost. <br /><br />Example Policy 495<br />This policy was created after the settlement by the data captured by the court vendors.<br />The 7 identified trigger points generated by the algorithms was designed to maximize the impact to as many claims as possible. <br /><br />It also destroyed all the work product produced by the outside accounting firms making it virtually impossible to defend a claim offer if received in an appeal. <br /><br />Then it provided a series of tools to the court vendors to delay and deny more claims just look at the spike in incomplete and causation denials.<br /><br />If 495 is not amended or repealed it's over BP wins and the once uncapped settlement comes in on or below the 9.8 billion that BP intended to pay. <br /><br />IN-HALEAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-23146080996782163792014-10-11T23:45:18.912-05:002014-10-11T23:45:18.912-05:0011What are your thoughts on BEL claims moving forw...11What are your thoughts on BEL claims moving forward? Is implementing 495 really taking that long? From what I can gather only claims $200k or less are being paid at a snails pace. I wish I could have been in the batch expedited by the PSC.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-56453353348522234292014-10-11T12:57:56.752-05:002014-10-11T12:57:56.752-05:00^^^ Disclaimer: the above is my OPINION. I am no...^^^ Disclaimer: the above is my OPINION. I am not stating that as factual reporting, I am telling you what I believe is happening under the surface. It's an educated opinion but opinion nonetheless. Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-74023488319410959442014-10-11T12:55:26.898-05:002014-10-11T12:55:26.898-05:00Because they don't give a shit, they already g...Because they don't give a shit, they already got their client's claims pushed through at the beginning....pre-495. <br /><br />I think the reason for this letter is because some of the PSC attorneys still have pending seafood claims and I'm betting Freeh is now requesting additional information on those pending claims from them. I suspect if they do provide the additional information there will a clear pattern of fraud revealed so this letter is essentially asking for a hall pass. If Freeh agrees to this request then they'll simply provide all the information and take their chances but if he refuses and tells them he will recommend criminal charges, as the law demands, I'll be my ass you're going to start seeing a shitload of seafood claims withdrawn. <br /><br />I don't think this letter is so much about what's best for the class, I don't think these fuckers care what happens to the class. This letter is about covering their own asses. The question will be did the claimants whose claims were fraudulent know the firms were fudging numbers for them. If they didn't know and they are forced to withdraw the claims I can foresee some serious malpractice suits unfolding. Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-48347408830588429542014-10-11T12:42:01.546-05:002014-10-11T12:42:01.546-05:00The Freeh Group has been delaying claims for a yea...The Freeh Group has been delaying claims for a year. Why is the PSC only complaining now?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-17258971874042608062014-10-11T10:40:30.542-05:002014-10-11T10:40:30.542-05:00^^^^ And that's just it. That's the only ...^^^^ And that's just it. That's the only reason.Jason Brad Berryhttps://www.blogger.com/profile/18421813599753848735noreply@blogger.comtag:blogger.com,1999:blog-30412896.post-75541437318753023762014-10-11T10:32:01.248-05:002014-10-11T10:32:01.248-05:00"Why are you begging to save this with these ..."Why are you begging to save this with these numbers?"<br />I can think of 660,000,000 reasons.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-84735495093597207892014-10-11T09:14:38.296-05:002014-10-11T09:14:38.296-05:00Hey, PSC and everyone arguing to save a failed set...Hey, PSC and everyone arguing to save a failed settlement!<br /><br />Why are you begging to save this with these numbers?<br /><br />BP has complained in several courts that the company is being forced to pay hundreds of millions of dollars for claims it never intended to be covered by the settlement. <br /><br />Let's start with the individual claims, they weren't affected by the injunction.<br />Using today's stats 10/11/14<br /><br />IEL Claims filed 44,039<br />Payments made 4,999 or 11.5%<br /><br />BEL Claims filed 104'147<br />Payments made 11,795 or 11.3%<br /><br />Start ups Claims filed 5,701<br />Payments made 501 or 8.7%<br /><br />Failed business Claims filed 3,880<br />Payments made 25 or .65% less than 1%<br /><br />Claims BP intended to pay and the winners are!<br /><br />Coastal Claims filed 36,987<br />Payments made 25,397 or 69%<br /><br />Real Property Loss Claims filed 1683<br />Payments made 733 or 45%<br /><br />VoO non class members true ups.<br />Claims filed 8,770<br />Payments made 6,956 or 79%<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-30412896.post-35845102759577554492014-10-11T08:04:00.495-05:002014-10-11T08:04:00.495-05:00Claim forms language :
Seafood claim form: page 2...Claim forms language :<br /><br />Seafood claim form: page 27<br /><br />I certify and declare under penalty of perjury pursuant to 28 U.S.C. Section 1746 that the information provided in this Claim Form is true and accurate to the best of my knowledge, and that supporting documents attached to or submitted in connection with this form and the information contained therein are true, accurate, and complete to the best of my knowledge, and I understand that false statements or claims made in connection with this Claim Form may result in fines, imprisonment, and/or any other remedy available by law to the Federal Government, and that suspicious claims will be forwarded to federal, state, and local law enforcement agencies for possible investigation and prosecution.<br /><br />By submitting this Claim Form, I consent to the use and disclosure by the Claims Administrator and those assisting the Claims Administrator of any information about me that they believe necessary and/or helpful to process my claim for compensation and any payment resulting from that claim.<br /><br /> The claimant must sign this Claim Form personally. No one can sign on behalf of the claimant unless the claimant is a business or is deceased, a Minor, or Incompetent. If the claimant is a business, an authorized business representative may sign. If the claimant is deceased, a Minor, or Incompetent, an authorized Representative may sign.<br /><br /> Request to withdraw as primary counsel form:<br /><br /> Use this Form to withdraw representation of a claimant in the Deepwater Horizon Economic and Property Damages Settlement Program. If you filed a lawsuit regarding the Spill on the claimant’s behalf, do not use this Form. Instead, you must follow local law and receive Court permission before withdrawing representation.<br /><br /> You must: (1) provide the Claims Administrator with a copy of the notice of withdrawal that you sent to the claimant, whether that notice was a letter sent to the claimant’s last known address or a declaration signed by both you and the claimant; (2) send your notice of withdrawal to Class Counsel; and (3) provide the Claims Administrator with a copy of the notice you sent to Class Counsel.<br /><br /> Anonymousnoreply@blogger.com