MYCVAStory

These are anticipated to be transmitted on Thursday. My understanding is that there was a delay to insure that a process was in place to guarantee that they would be received by local councils.

Which begs the question on the minds of every victim, if an organization was developed today that essentially said "we're doing the best we can but some of you will be raped and abused and scarred for life" would we allow it? Would Congress give it a "charter?" Would we not as a society say "That isn't good enough." This isn't a call to abolish the BSA. Rather, it's a call to do ALL it can for victims NOW and ALL it can to abolish ALL abuse moving forward. If the best guidance available isn't working, and there is evidence that it isn't, then new guidance and EVERY effort, expert, and study of what happened needs to be made. I suspect the TCC, on behalf of ALL victims, isn't going to be satisfied with minor tweaks. Let's all hope that isn't the case. Ultimately the future of the BSA is going to rely short-term on it convincing a new generation of parents that their children are NOT at danger.

It isn't the TCC's job to revise the BSA's YPT program, it's the BSA's. The fact that the BSA has offered NOTHING to this point while acknowledging and apologizing for past abuse speaks volumes. Safe to assume this is the TCC's way of saying "DO SOMETHING." That said, the TCC has also stated that the monetary issues are foremost for now and until they are resolved other issues won't be used as bargaining chips needlessly. Only then will YPT and IV Files come to the forefront.

Just a reminder...in an hour: 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, May 13, 2021, at 5pm PDT/8pm EDT. Zoom link: https://pszjlaw.zoom.us/j/87088314462

The TCC in the meeting last week with the Local Councils (outside of mediation confidentiality) discussed at length how the financial analysis of every Council was individual and intended to allow the Council's credit rating to remain at investment grade AFTER each contributes to the settlement. As the example in the objection shows, this was a VERY deep dive into each Council. There was no baseline for contributions across all Councils. It was independent and done to demonstrate what Councils were able to afford given their significant claim exposure.

I have a hunch the TCC's objection will focus upon the issues of greatest import to the court. Perhaps the TCC will address the BSA's contention that the pension plan needs funding or the PBGC will step in? What about on the other hand if the pension fund is actually in good shape or even over-funded? Also, the formal mediation in New York was last week and not this week.

Just a reminder, the TCC's objection to the BSA's disclosure statement is Monday. This is the TCC's opportunity to take issue with specific items the BSA has raised as serious concerns such as its pension plan obligations. Should be interesting reading after the weekend.

In reply to questions, regarding yesterday's Zoom call where all the LCs were invited, the following is "public" information because it was discussed during the presentation and not part of any mediation confidentiality: 1) Which councils sat in and who from the council was there? There is a giant bit of difference between the professional Scout Exec sitting in and, say, the volunteer Council President or General Counsel, for example. Good question. Those involved with scouting should ask their Council Exec. The attendance was huge. 2) While I believe they went through "in great detail" the AGGREGATED council finances, I wonder if/when TCC was willing to share the SPECIFIC council finances of 200+ councils. There's no way that was done in 2 hours. Did TCC have documents they would be willing to share? Did share? Nothing would please me more than to see THAT number and compare/contrast vs. what councils have in their IRS 990s, for example. NOT to say that the LCs are lying, but for example LCs might be valuing properties based on depreciated value (for tax purposes, entirely reasonable and legal) whereas TCC is valuing properties based on current resale value. The TCC and its financial professionals with BRG have completed in-depth analyses of EVERY Council to include appraisals of property, membership levels and trends, available cash, restricted and unrestricted assets, expense and revenue per scout, and a great deal more. This was a product of TCC access to BSA and LC finances via internal systems. Because some of this information is confidential to Councils specific Council assets were not shared in the meeting. Examples for redacted Councils were presented as examples. The TCC said it was trying to determine ho best to get ALL Council dashboards into the hands of local councils. As well, graphical mapping showing Council properties, overlap, and because the TCC was challenged to do so, the properties that could be contributed to a trust while those retained would serve capacity needs. 990's were not used. This was IN-DEPTH financial analysis and Council Volunteers might find it illuminating. Of note, the financial professionals showed what each Council was able to contribute to a settlement and STILL remain at investment grade credit rating. 3) Why did BSA not want the TCC to directly communicate with the LCs? This meeting was used to address the financial profiles and how they were completed. The TCC stated it is willing to communicate directly with any LC. 4) Why did BSA not want the LCs to directly communicate with the TCC? Ask the BSA. The TCC's lead attorney started by saying that the Q&A feature would be used. His on-site partner then announced that he had asked for it to be used and was just told that was denied.

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/

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.

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.

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.

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

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.

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.

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.

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.

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.

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.