Tag Archives: Deepwater Horizon Settlement
We Can Help You and this is How
We have had many calls requesting that we assist them in checking their bp claims status. Many of you have had issues trying to reach DeepWater or their Attorneys or Processors directly.
Please understand that we are unable to check claim status unless you are a client of one of the Attorneys or Processors we work with.
By no means are we soliciting other Firms Clients, but the fact is people need to know they have options.
If you are interested in signing up with one of our network attorneys, please download the engagement documents and the AR1 below, complete and sign and return to us by email to firstname.lastname@example.org or fax them to 941-951-6738.
If at anytime you wish to disengage with members of our Network you can, with no financial obligation.
After you download them, you should have three documents. You will find them at the bottom of this post.
1. Retainer Agreement
2. Statement of Client’s Rights
3. AR1 or Change of Representation Form from the Deepwater Settlement Program. When you complete the AR1, please complete Sections A, B and E if you want to change from your current attorney, and Sections A, D and E if you are currently representing yourself and you want to be represented by our attorney.
If you feel you need to change your Representation you can with the AR1 Form.
While you have completed and submitted these to us, please remember that this does NOT create an attorney-client relationship until the attorney reviews and signs these documents.
Fees As Low as 10%
Please note that this is a sliding scale contract. What this means is the % of your recovery, if any, will depend on the amount of work that needs to be done.
The fee % charge could be as low as 10%; if you still have work that needs to be done or notices that must be responded to, the fee % charge could be as high as 20%.
There is no way for us to know until you are signed up, and we can actually view your documents in the DHECC portal.
Even if you have received an FWA or HUB Investigation Notice, we can still take your claim. If you know you have provided honest and complete documentation to the Claims Administrator, then members of our Network are open to taking your case.
Our Network Attorneys and seasoned accountants, claims managers, and support staff can help shepherd your claim to the end.
We’ve been in this since the beginning, and we’ve had great success at getting people paid, because we know what the Claims Administrator requires when responding to Notices or other inquiries.
If you are tired of not having answers to your questions, this is your chance to have a responsive Team on your side.
We do what it takes to keep communication open with Clients and Reviewers, our team works extremely well together to fight for our clients rights.
Please note we are not handling medical claims.
BP Claims Forms To Download Below
Please Note: We are not the Deep Water Horizon Settlement
The number for them is 1-866-992-6174 for the economic settlement.
For the Medical Settlement the number is 1-877-545-5111
If You want to read about us, and our thoughts, please read below, we are not attorneys but do process claims through a network of processors, that are getting results.
If you are an Attorney/ Processor/Claimant we have a silver bullet, one of the members of our network has distinguished themselves above all others with practically Dead On Calculations that the claims analysts at The Deep Water Horizon Settlement seem to respect and agree with.
Please understand this group specializes in business claims only in excess of 100k usually.
They also handle appeals.
As many of you know we have been in search of a Silver Bullet for some time. Well we found it, there is no guess work anymore.
It is my opinion, it is owed to the claimants that they remain the top priority, not just a potential revenue stream for someone’s bottom line.
When BP stopped paying claims due to the Court ordered Stay, the lack of reliable and consistent revenue stream caused many processors and Attorneys to scale down their Deepwater Horizon claims operations and to terminate employees.
The real tragedy was that some of those entities had to close their businesses or to continue with inefficient operations.
The Court ordered Stay lasted for a period of 8 months – 8 months of little to no income for the claims processing entities and 8 months of continued economic distress for the claimants.
The Stay caused claimants extreme dissatisfaction and anger and proved to be devastating to many Business Economic Loss claimants. It also caused many groups processing claims to go out of Business
Our own operation took a serious hit when BP stopped paying claims, but we never gave up and due to the nature of how we structured our network, we were blessed that one member started seeing our largest claims get settled first.
The first claim was over 4.5 million dollars.
This particular processor has had over 40 claims paid to our clients since they began paying again, and their calculations have been almost dead on. This particular processor has a system in place that works. Not only do they have CPA’s and analysts who thoroughly understand the claim calculations and methodology established by the Deepwater Horizon Settlement and the appeals that followed, they go one step further and direct each and every claimant to obtain an attorney to represent them with any and all legal issues/questions and appeals.
I recently met one of the attorneys who works with this processor’s claimants, and can state that she has extensive experience in every phase of the BP litigation and she has the talent to represent and assist claimants at every phase (from claim registration to post appeal issues) of the claims process.
You can move your claim
This is not meant to solicit claims away from other Attorneys or Processors, but people need to know they are not stuck with organizations that have a high level of ineptitude and a small to nonexistent success rate. The form is called an AR1 form, it`s one form and can be found here. AR1 Form
If you have a claim that you have tried to do yourself, but want to put it in experienced hands, the processor described above is actually the BEST in our Network at complex business claims.
If your claim is already in the system and it is reasonably put together you may be charged as little as 10 Percent of the value of the claim.
If you are an Attorney or a Processor and would like to move over your portfolio or part of your portfolio of claims they will negotiate a fair number for the work involved. They can also assist you with the processing.
If you are an Attorney/Processor/CPA Firm and need help. they can help you.
It`s time to get People Paid and there is no room for mistakes.
As I write this we have seen some of our largest claims processed and paid in the last month. Most of these claims are over a million dollars, others in the high 6 digit range. We have also seen the devastating affect that rule 495 can have on claims, and how some rulings can be successfully appealed while others can not.
BP has just settled with the states, local and Federal government.
Claims that are currently in the Deep Water Horizon Settlement system, will have one FINAL opportunity to be paid.
There is no room for error, but as we have begun taking over claims from other Processors/Attorneys/Claimants who started doing this years ago, it is easy to see why so many of you have not been paid.
The financials that many uploaded are atrocious. Many just downloaded reams of financials thinking that would be sufficient or that they would get claims paid by just overwhelming the Deep Water Horizon Settlement with voluminous amounts of paperwork, thinking that they would let them sift through the documents so they could do the calculations.
Others just kept supplying the same paperwork and expected different answers when tasked with an incomplete notices.
PLEASE UNDERSTAND THIS THERE IS NO ROOM FOR MISTAKES.
And far too many of you were making huge mistakes when you put these claims together, many in the beginning just did not understand what the settlement asked for. These claims are typically 2 years or older.
This is not the time to throw stuff against the wall and see what sticks, nor was it ever, but it is what too many did in the beginning.
If your claim has NOT seen notices or questions coming from the Deep Water Horizon Settlement and you have not heard from your Attorney or Processor, you need to take matters into your own hands and check your status yourself. Go to CHECK MY STATUS you will need your claimant id number and the last 4 of your social security number.
We look forward to working with You, your Attorneys or Processors, and getting you what you deserve from BP.
We have a program in place that allows us to assist others in this business to get their clients claims paid, it`s fair, it`s flexible, and it helps you get your clients paid.
For us this was always about putting the victims first and creating a network of professionals to assist you.
We are proud to say that a certain member of our Network has distinguished themselves in our opinion as the BEST in The BP Business Claims Business, and the good news is they want to work for you and with you, and still can, but only if you let them.
We are also proud to announce that Dick Angelotti the former President of Bank of Boston, and Northern Trust, will be also picking up the phone personally to help you with complex business matters.
Call Us at 1-800-BP-CLAIM or 1-800-272-5246
Most processors have stopped taking on BP Claims, we haven`t but you have to have all your information together and be ready to expedite it directly over to us.
Our number is 1-800-BP-CLAIM if you need Help
If you want to call the settlement directly call 1-866-992-6174 or go to DeepWaterHorizonSettlements.com, we encourage that too.
If you would like help processing your claim after the 8th we will be happy to help you, but you need to be filed with Deep Water that is the most important step right now.
The attorneys we work with are available if your claim documentation is in order.
Recently we have seen lots of emails from the heads of the PSC that definitively speak about having the claims that are being entered at this time to be complete, we agree with that, but in speaking with one of our liaisons at Deep Water he wrote us this.
You must submit a completed and signed Claim Form on or before Midnight (Prevailing Central Time) on June 8, 2015. You should submit all required documentation in support of your claim at that time. If the Claims Administrator finds that your claim is incomplete for a Registration Form, or documentation necessary to complete the review of the claim, the Settlement Program will notify you of that determination by email or mail at the address you provided in your Claim Form. That notification letter will provide you with instructions for how to make your claim complete and will provide a specific deadline by which you must respond.
Keep in mind how the time of filing a Claim Form is measured. The Claims Administrator applies these rules:
- Claim Form filed online on a DWH Portal or by email: Timely if submitted online or emailed by midnight Central Prevailing Time on the filing deadline date.
- Claim Form filed in a Claimant Assistance Center: Timely if done in a Claimant Assistance Center before the Center closes on the deadline date. The Claimant Assistance Centers will remain open until midnight prevailing central time (1:00 a.m. eastern time) on June 8, 2015, to accept claim forms and documentation submitted in support of claims. After June 8, 2015, you may continue to visit the Claimant Assistance Centers during normal business hours from 9:00 a.m. to 5:00 p.m. local time until June 19, 2015, on which date the centers will permanently close to the public.
- Claim Form filed by U.S. Mail: Timely if postmarked on or before the filing deadline date.
- Claim Form filed by personal delivery: Timely if delivered on or before the filing deadline date.
The key word here being should, so in an effort to accommodate as many of you as possible, if your business claim passes our screening process, we will do everything we can, to get your Business Claims in before the deadline.
We strongly suggest that You ALL check the status of your BP Claims by going here, as many claims were dropped during the stay, many of you were refiled, some with your knowledge, but many with out your knowledge, by the Groups handling your claims.
Many were just dropped.
Read the articles below about The Refiles.
Many of you just don`t know, and the best place to go is the check your status page on the Deep Water Horizon Settlement website.
If you are unsure, contact whoever is processing your claims, I strongly suggest you check there first.
However if you did not opt out, and feel you have a bp claim that is viable, and you have checked you status, you may want to file your claim yourself before the 8th.
These decisions are yours, and I am not an Attorney.
Best of Luck and God`s Speed.
This week a 1.1 billion settlement with Halliburton Energy Services, Inc. (HESI) was announced by the BP Plaintiffs’ Steering Committee for the BP/Deepwater Horizon Oil Spill Litigation. The HESI settlement is in part to Halliburton’s role in the incident being found criminally negligent; and in a further attempt to make things right for the Gulf Coast, the settlement was approved. Judge Carl A Barbier will oversee the settlement and continues to have an active role in the ongoing Deepwater Horizon Economic Settlement.
While we are not attorneys, we feel it is important to keep all affected claimants informed, and to ensure that they receive all of the information they are entitled to in a timely manner. As always, we continue to be advocates for victims of the BP oil disaster, we have been there since the beginning when the disaster happened in April of 2010.
If you were denied previously, you may still be eligible.
The HESI Settlement includes two classes:
1) Individuals and businesses that are class members in the existing Deepwater Horizon Economic Settlement. We were disappointed to see that businesses and individuals who received “quick pays” in the beginning were excluded. We continue to seek justice for those individuals. Many were unfairly coerced into accepting a settlement that may have solved some economic issues short term; but I have heard from many of those same individuals that the compensation they received was far less than what they should have received. Unfortunately, many of those people who received “quick pays” had to take the payments. The only other option was to lose their businesses or homes. Sadly for many, that happened anyway. We continue to seek justice for those victims.
2) Any “individual” business (including fishermen and charter boat operators), property owner, or governmental entity (excluding both state and federal government) that is proven to have Robins Dry Dock standing under General Maritime Law.
This particular settlement applies to commercial fishermen and charter boat operators that were in business at any time between April 20, 2009 and April 18, 2012; property owners, businesses and local governments that had oil touch their real estate or personal property any time between April 20, 2010 and April 18, 2012; and individuals that fished or hunted in specified areas and depended on their catch for subsistence, barter or trade” (CNBC, September 2, 2014).
Exclusions to the HESI Settlement:
(1) Any New Class Member who timely and properly elects to opt out of the New Class under the procedures established by the Court?.
(2) Defendants in MDL 2179, and individuals who are current employees of HESI, or who were employees of HESI during the Class Period.
(3) The Court, including any sitting judges on the United States District Court for the Eastern District of Louisiana, their law clerks serving during the pendency of MDL 2179, and any immediate family members of any such judge or law clerk.
(4) Governmental Organizations as defined in Section 5.
(5) Any Natural Person or Entity who or that made a claim to the GCCF, was paid, and executed a valid GCCF Release and Covenant Not to Sue, provided, however, that a GCCF Release and Covenant Not to Sue covering only Bodily Injury Claims shall not be the basis for exclusion of a Natural Person.
(6) BP Released Parties and individuals who were employees of BP Released Parties during the Class Period.
(7) Transocean and individuals who were employees of Transocean during the Class Period.
As part of the settlement process, an “Allocation Special Master” will be appointed. They will determine what portion will go to each class. The court will also develop a Distribution Model to determine the best way to distribute funds. We will provide further information as we receive it. For more information regarding the status of your existing claim or to file a new claim, please complete the form on the left hand side so that we can begin setting your claim up soon. We have been processing claims since the beginning of the disaster, and we are committed to seeing our claimants through to the end; ensuring those affected receive the compensation they deserve.
Feel free to contact us if you are unsure of your status or have any questions at 1-800-272-5246.
All claimants can check their status at any time on-line. It is not necessary to go through endless hold times or automated systems; you simply need your claimant ID and Social Security Number (or EIN number). Your attorney or Deepwater Horizon can provide you with that.
-Our clients can call us directly (941-343-8700) or (1-800-BPClaim)
-All other claimants can call DWH at 866-922-6174 to get your claimant ID or to check status
-Once you have your claimant ID #, go to deepwaterhorizoneconomicsettlement.com and follow instructions for “check my status”. You will need the last four digits of your EIN number or SS number (depending on what number you are filing with).
We feel it is important that claimants stay informed. Many claimants are frustrated with the amount of paperwork required and for the length of time the claims process takes.
BP has been rallying to gain support to gain a hearing with the Supreme Court in an effort to reduce their obligation to the Gulf Coast. They have supporters you would not expect: A Chamber of Commerce, a Watch Group out of Washington, even Ken Feinberg supported briefs that were written to dissuade the courts from hearing this case.
Mr. Feinberg was the former head of the GCCF. As most of us remember, the GCCF was such an abomination and hurt so many, which is why the Deepwater Horizon Economic Settlement was written in the first place.
The GCCF failed; Feinberg hired cronies who didn’t even know how to process claims! There were briefs written (and supported by these same individuals against the settlement) adding insult to injury for all victims of the spill; those who lost their jobs, homes, and businesses.
We at BPClaims.org continue to go to bat for all claimants. We will not stop until justice is served.
This post was brought to you by Sarasota Embroidery.
If you need help, and your BP Claim has already been filed
there are members of our Network that will take on your claim
for as little as 10% .
If you need help, members of our network are here to help you with your specific needs. If you are dealing with various notices, or just want the backing of a proven firm with a strong track record processing claims, they are here too.
Different members of our Network have certain specialties, as one may deal with a larger multi facility claim, and another may be experts in construction claims, and so on.
Please fill out the form to the right or call 1-800-272-5246.
Get the money you deserve, file your BP claim today
Since the recent court rulings, we are now seeing BP claims paying again. About a month after the decision made by the Fifth Circuit Court ordering BP to resume payments, we began to see a regular flow in the way of notices and some payments.
Keep in mind, all claims that were not paid prior to the halt in payments that was ordered in late 2013 have to be recalculated to determine if they are going to be subject to Policy 495 (which involves matching and smoothing financial statements to avoid showing an overstated loss).
If the company has financial statements showing a revenue trend making it subject to 495, the claim will be recalculated according to the new Policy.
This means that an earlier estimate you received may change, and you may have to wait a little longer to receive your claim.
We are now seeing Zone A businesses and individual claims paying at this time.
It appears the focus is on claims from the 3rd and 4th quarter of 2013.
We have also been told that medical claims are now paying out, but only the smaller ones, claims of around $1,300.00.
One of the huge problems we are starting to see is that people may have a claim filed, but they have not heard anything from the claims office or attorney they filed with.
While it is not unusual for a claim to take a couple of years to pay out, not hearing ANYTHING may indicate a problem.
We have discovered that some of the firms have abandoned their clients, and many of those claims have been denied. Some of these clients were never notified.
Don’t worry, it is fixable.
1-800-BPCLAIM is still filing claims, since there is not an official effective date, there is not an official deadline. After the effective date is set, claims can still be filed for six months past the effective date.
Here are some of the problems we have been seeing with clients from other firms:
– Claimants have incomplete notices that have not been cured
– Claims have been denied without the claimant’s knowledge
– Many claimants discover they have to start over in the claims process
WE CAN HELP. If there is a problem with your claim, it is possible for you to take control of your claim and take a course of action that will enable you to collect the money you are entitled to.
How To Check The Status of Your Claim
You can quickly discover the status of your claim by going to www.deepwaterhorizoneconomicsettlement.com, then go to check my status. You will need you claimant ID and the last four digits of your business or social security number.
You should be able to check your status on-line, or you can call 866-992-6174 to reach Deepwater Horizon directly.
If you find your claim has been dropped due to processor error, call us. We can help. We have never stopped filing and we will continue to file claims until the last BP Claim is filed.
Call Us at 1-800-BP-CLAIMS (1-800-272-5246)
This post was sponsored by Sarasota Baseball Academy
BP CLAIMS PAYMENT AS GULF COAST CLAIMANTS WAIT FOR RELIEF, BP EXECUTIVES GET A PAY RAISE.
As Gulf Coast claimants wait to recover BP Claims Payment from the oil spill of 2010, the largest environmental disaster in history, the oil giant adds insult to injury by dramatically increasing the salaries of executives instead of paying the victims of the spill. While many Gulf Coast claimants are still reeling from the effects of the spill, BP continues to be one of the most profitable companies in the world. BP was so profitable in fact that BP CEO Robert Dudley received a pay raise worth triple from his total pay in 2012. Counting salary, bonus, and stock options, Dudley’s compensation was $8.7 million. With his pension included, Dudley cleared $13.2 million. This is a little unsettling, to say the least, for local Gulf Coast companies who are STILL waiting for their BP Claims Payment and still trying to recover from the loss of business, homes, and jobs. BP appealed the settlement for the BP Claims Payment in late 2013, stating that losses were being claimed by companies whose losses did not originate from the spill. Many suspect this is yet another stall tactic to avoid paying claimants, even though BP claims that they are “committed to paying all legitimate claims of real people who suffered real financial losses from the spill.” In December 2013, a judge said BP can’t change the interpretation of its settlement just because it is paying more for losses than it expected. That judge’s ruling was upheld in early March 2014. “The settlement agreement does not require a claimant to submit evidence that the claim arose as a result of the oil spill,” Circuit Judge Leslie Southwick wrote. Because of this, BP will have to stick to its original agreement
Even more unsettling is the amount of money BP is spending on PR, and the way they are trying to “shame and blame” the claimants. “BP remains committed one of the ads reads. “But we will take whatever legal steps necessary to ensure that fraud is not rewarded and claims money goes to claimants who actually deserve it.” So far, the above statement can be translated as “pay no one in order to avoid claimants committing fraud or getting money they don’t deserve.” Sadly, many Gulf Coast residents and business owners would agree with that statement.
As they consider whether or not to appeal again BP Claims Payment, the effects of the 2010 disaster still linger in the Gulf. As of March 3, tar balls are still being collected from Florida beaches nearly four years after the spill. And recent research has found that chemicals in crude oil can be harmful to hearts of developing fish, meaning that any organism that swam near the Deepwater Horizon rig was exposed to cardiac risks. We at BPClaims.org are committed to helping claimants navigate the economic and medical claims process, and most importantly making sure that claimants get the money they are entitled to. After the latest ruling on BP Claims Payment, we are hopeful that some claims will get paid, and we thank the 5th Circuit Court and Judges like Leslie Southwick for forcing BP to “make it right” for the Gulf Coast claimants.
BP Payments Ordered to Resume?
The claimants of the Deepwater Horizon Economic Settlement celebrated a small victory earlier this month when it was decided in a 2:1 vote by the 5th Circuit Court of Appeals that BP will have to resume payments to victims of the oil spill. Unfortunately, even though Judge Leslie Southwick ordered that BP will have to pay up under the terms of its agreement, many business owners are still waiting to get paid.
Back in December 2013, the 5th Circuit made a ruling that required Judge Barbier to halt payments temporarily in cases where causation was not proven until that particular rule was changed under a stay. That stay, the judges noted, should be “tailored so that those who experienced actual injury traceable to loss from the Deepwater Horizon accident continue to receive recovery, but those who did not do not receive their BP Claims Payment until this case is fully heard and decided through the judicial process, including by any other panel of this court that resolves these issues.” I think it is safe to say that the “stay” didn’t go as planned. I say that because none of the businesses have been able to recover anything since the halt in payments. It seems that BP’s solution to the problem of determining causation is this: Don’t pay anyone! Not one business claim has been paid since the 2013 payment halt. Even companies who received an eligibility notice in late September 2013 are still waiting to receive their money. BP even accepted releases on these claimants, but never issued a BP Claims Payment.
The problems surrounding the causation issue arose late 2013 after allegations were made that some BP Claims Payment were being issued to claimants who did not suffer an economic loss as a result of the oil spill. Admittedly there may be some truth to those allegations; it is not always possible to distinguish if a loss came from the oil spill or just a bad economy. In order to combat that problem, the settlement originally addressed the issue of causation by setting up requirements for a BP Claims Payment. Causation is assumed based on where you live in the economic loss zones, what industry you are in, and the pattern of the company revenue post oil spill. According to the 1,200-page agreement, if a business near the Gulf Coast can show its revenue dropped in 2010 then rebounded in 2011, it qualifies for compensation. The companies are not required to prove a direct link to the spill. According to U.S. Circuit Judge Leslie Southwick in the latest BP ruling in March 2014, proving causation is not the job of the claimant nor is it to be considered a gatekeeping function of the claims administrator. The settlement states specifically that claimants are not required to submit evidence that the claim arose as a result of the oil spill, and even though BP appealed this issue, the 5th Circuit is holding BP’s feet to the fire. BP is going to be forced to uphold the settlement that they helped to create.
Since the halt in every BP Claims Payment, BP has launched a PR campaign designed to show that they have “made it right” in the Gulf so to speak and also to point fingers at Gulf Coast residents, alleging that many of the claims made as a result of losses incurred during the oil spill are fraudulent. BP even took out full-page ads in several national newspapers to prove this point, but that doesn’t help the thousands of claimants who are still waiting for payment, it only serves to frustrate and anger everyone.
The appeal and halt in every BP Claims Payment may have had some unexpected result for BP. In trying to avoid the payments using the “proof of causation” argument, BP may have actually hurt themselves in the doing. In trying to limit the cost of the settlement reached in late 2012, they may have actually increased them when they decided to fight the issue of causation. Back in 2012, BP estimated that the deal would cost the company $7.8 billion. Now, the price tag could reach $9.2 billion or higher. People and businesses making claims still have to attest that their financial losses were caused by the spill, but they do not have to submit actual “proof”. Judge Southwick writes “There is nothing fundamentally unreasonable about what BP accepted but now wishes it had not.”
Now that the issue of causation has been answered once and for all, this opens the door for all claimants claiming a “trickle down” effect loss, which in reality and according to the settlement, is a valid BP Claims Payment claim. I expect to see more claimants now, but I do wonder if they are going to run into problems when they seek help through an attorney or a claims office. BPClaims.org is still accepting clients; we were there in the beginning, and we plan on staying until the end. Unfortunately, many other firms have been forced to stop taking BP Claims because most of them are paid on a contingency basis. The halt in payments have made it impossible for these firms to continue to pay office expenses and salaries associated with processing claims. The December 2013 halt in payments hurt the claimants, is going to cost BP more in the long run, and helped BP succeeded in this: the dramatic reduction of firms that were in business to assist the claimants. That may not have been the intention, but it was one of the end results.
Meanwhile, the deadline for business BP Claims Payment is fast approaching. It was originally set for April 22, two days after the fourth anniversary of the Deepwater Horizon explosion. It now has been extended to late summer. We at BPClaims.org are still accepting claims, and we are still fighting for our clients. Now that the order to resume payments has passed, we are cautiously optimistic and expect payments to resume for businesses by April 2014 on every BP Claims Payment.
Contact BPCLAIMS.INFO by calling 1-800-272-5246 or 1-800-BPCLAIMS
This post has been sponsored by Sarasota car accident lawyer.
Polar Opposites: David Duval compared with Judge Edith Clement
This morning I saw the second Freeh Report, which basically highlighted David Duval`s departure from the Deepwater Horizon Settlement.
It seems to me that the only chink in Mr. Duval’s armor was an email that he sent to his cousin regarding a panelists comments. Neither Mr. Duval or his cousin had any sort of monetary gain at stake from sending it, or reading it.
As the report noted, Mr. Duval was forthright immediately. As I understand it, he actually told the DWHS Leadership, and I will repeat this again, he had no financial gain whatsoever in sending this email to his cousin who is also an attorney.
He immediately resigned, as sending the email was contrary to an agreement that he had with the leadership of the Deepwater Horizon Settlement regarding confidentiality, and he wanted to avoid any hint of impropriety.
Now lets Compare Judge Clement’s Actions to David Duval’s
Let’s compare what happened to David Duval and how he dealt with it, versus what is going on with Judge Clement and her relationships with Big Oil.
Clement will not Leave the FREE organization (Foundation for the Environment and Economics)
Another opinion on F.R.E.E.
This is sourcewatch.org’s view of the FREE Organization –
Based out of Bozeman, Montana, FREE is a prime engine for free market environmentalism in the area of education.
The chairman, John Baden (a past member of the National Petroleum Council), preaches reliance on market mechanisms and private property rights, rather than on environmental law, for protection of the environment. Baden stresses decentralization – a shift of control from what he calls “Green platonic despots in D.C.” to “local interests.”
In reference to the agenda of FREE, Baden has written that it’s, “the norm among progressive, intellectually honest and successful environmentalists.”
One of the newest FREE plans is the “Charter Forest” project, in which national forests would no longer operate under the “multiple use” standard. Instead, each forest would be managed by whomever could make the greatest profit from it.
FREE has been offering all expense-paid trips to seminars for federal judges.
These seminars which feature such topics as “The Environment: A CEO’s Perspective” are usually held at private ranches or resorts in Montana with a plethora of amenities for the judges to enjoy. In the late 90’s, FREE bragged that nearly 1/3 of the federal judiciary had either attended or was seeking to attend one of their seminars.
The Koch Brother Support FREE:
This is from GREENPEACE
Koch Industries Climate Denial Front Group is the
Foundation for Research on Economics and the Environment (FREE)
GreenPeace reported that FREE received $430,000 from Koch foundations 2005-2011 [Total Koch foundation grants 1997-2011: $1,525,000].
Peter Geddes, Executive Vice President of FREE, has advocated against taking action on climate change because warming is “inevitable” and expensive to address. In addition, FREE sponsors seminars for federal judges that have been criticized for creating judicial conflicts of interest.
It gets BETTER – guess who The Koch brothers do Business with, BP of course.
The Koch Brothers even pollute the environment with BP, just ask the residents on the East Side of Chicago. This was recently documented by the Huffington Post. Here is the article.
So Judge Clement who is a board member of FREE, who takes large donations from the Koch Brothers, who work with BP, and both pollute the environment.
It is Very Very Clear that Judge Clement has a conflict of interest here, she should not be in any way associated with BP. Yet the Companies who fund her organization work closely with BP.
For further clarification of the Junkets for Judges program and Judge Clements TAINTED relationship with FREE click here.
This is from their website
FREE’s mission is to imagine and implement an economic way of thinking that is consistent with a society of free and responsible individuals
In essence they are for deregulation of the Energy and Oil Industrial sector, but they do have a few noble endeavors towards helping wildlife, but don`t let that fool you. This is an organization with a lot of influence that works for Big Oil and their interests.
It is funded by Exxon/Mobil, the Koch Brothers,Texaco, Exxon, General Electric, Monsanto, and Shell. They are the major players in the Oil and Gas Industry.
Judge Clement has a relationship with an organization which she has been asked to step down from by Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court other judges have stepped down from FREE, so that there would not be a conflict of interest. Judge Clement still participates in FREE as a board member
Judge Clement appears to have a long-standing relationship with Big Oil she was appointed to the bench by George W. Bush and we all know he loved big oil. Bush signed the most sweeping bill to deregulate oil in 2005. Judge Clement was assigned to the 5th Circuit in 2001. Do you think that George Bush had an agenda to advance Big Oils interests, YOU BET HE DID.
If you look at Judge Clement’s stock portfolio you will notice that many of her mutual funds have energy stocks within them, she had interest in BP stock until 2009 or so.
If you compare David Duval`s actions and voluntarily resigning, versus Judge Clement’s refusal to recuse herself after a relationship with FREE. They are polar opposite in terms of integrity.
It is clear that Mr Duval has taken the high road while Judge Clement stands firm with Big Oil, and this has negatively impacted the BP Claims Settlement, either by her own ideology which is why Bush appointed her, or because of her relationship with Big Oil or a combination there of.
It is very clear what her next move should be, and it is not hearing the next appeal, but to step down from FREE, and correct any public perception of impropriety .
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Written by: Bill Bohack
“IS THE BP CLAIMS PROCESS BEING HIJACKED BY FRIENDS OF BIG OIL”
On Thursday morning, January 16, I was sent a link to an article written by James Gill of The Advocate in Baton Rouge.
The article was on Judge Edith Clement, who is the 5th Circuit Judge that originally sided with BP, and will hear more of BP`s appeals in the very near future.
The article points out that there may be a good reason that this judge, who seems to be very friendly to BP with her written opinions, is making the decisions that greatly benefit BP, and not the people that were financially harmed by the worst man-made disaster in U.S. history.
Judge Clement and FREE
The article points out that Judge Clement has for years been a board member one of the most active front organizations, for Big Oil and Energy. She is a board member of The Foundation for Research into Economics and the Environment (a.k.a. FREE). This organization seems to be very pro big oil, as its chairperson, John Baden, is a past member of the National Petroleum Council.
As the article points out, Judge Clement’s picture is on the website, she is a board member. This group is funded by Big Oil and takes luxurious junkets yearly, one of the last ones being to Montana, it was estimated by an independent group that the cost per individual of that trip was 10,000 dollars a head. It is not clear where all of the funding for this group comes from but it is clear that, at least in part, it is funded by big oil. One of the major financial contributors is Exxon/Mobil.
Apparently sometime in 2005, Judge Andre M. Davis was a board member of this same group and someone filed a formal complaint citing the obvious conflict of interest. Judge Davis requested an opinion from the Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court. Their opinion was issued on March 30, 2005 and it clearly explained that the honorable judge was violating several rules by being on the board of FREE. In a nut shell, the opinion was that the judge’s service on the board of this group calls into question the judge’s partiality on certain issues. Since the group is funded in part by “Big Oil” who would you think the judge would favor in a court case?
The article goes on to explain that Douglas Kendall, the President of the Constitutional Accountability Center in Washington, DC, wrote to Clement pointing out the Judicial Conference of the United States had ruled that joining FREE’s board was against its code of conduct, she did not respond. Click here to read the letter to Judge Clement dated December 9, 2010.
She is still a member to this day and you can see a picture of her here, she is on the Board of DirectorsJUDGE EDITH CLEMENT FINANCIAL DISCLOSURES AND BP STOCK
If you look at Judge Clements 2011 financial disclosures here is a l link to them you will see how vested she is an energy stocks, specifically Vanguard which is as I understand is one of the largest stockholders of BP stock in the United States. Please understand, I am not saying any of the Vanguard mutual funds she owns has BP Stock in them, but should`nt this and her relationship with FREE at the very least be looked into.
Top Mutual Fund Holders of BP Stock according to Yahoo Finance.
Franklin Custodian Funds-Income Fund
Vanguard/Wellington Fund Inc.
Vanguard/Windsor II 15,549,869
Vanguard Specialized-Energy Fund
DFA International Value Series
American Mutual Fund Inc
Invesco Comstock Fd 4,826,424
American Beacon Large Cap Value Fd
Hartford Capital Appreciation Fund
Vanguard/Windsor Fund Inc
Why does this matter?
In the judicial system of the United States, judges are required to recuse themselves (remove themselves from participating in a case), not only when they are biased, but even when they may appear biased to a neutral observer. This appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts.
Just a side note here, George Busch appointed her, we know who he stands with, and that is Big Oil. Judge Clement also owned BP stock as late as 2009.
At this point, it appears many are questioning the impartiality of Judge Clement with regard to the BP case.
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I am pleased to tell everyone that the BP SETTLEMENT will resume. When? We really don`t know, but we are a whole lot closer. The 5th circuit judges as a majority, ruled in favor of Judge Barbier`s previous decisions. I speak for many when I tell you how pleased we all are.
We Thank The 5TH Circuit for actually “Making it Right” and for Judge Barbier and Patrick Juneau for having it RIGHT the whole time. We further appreciate Judge Barbier and Patrick Juneau for sticking to their guns, and holding BP accountable.
The Fifth Circuit Judges “Made it Right” by lifting the stay for Business Economic Losses or BEL`s imposed by a previous 5TH Circuit Panel.
BP was in a no lose position
Either BP could stall the settlement, or get it thrown out, they stalled. As BP stalled the settlement for the last several months, you need to wonder how much money BP accrued through its holdings during that time. How much money did BP save during this period, and how much did BP make with the money they should have been paying oil spill claims with.
Barbier and Juneau had it Right from the Start
Juneau and Judge Barbier had it right from the beginning. BP had made an agreement that showed causation through the V test and other models and they were bound by the terms of that agreement.
In reality all this is was, was another stall tactic by BP.
There is no doubt that we’ve seen this before during the GCCF days and the BP settlement era. What it comes down to is, it just takes more time for people to get paid, and some people with VALID BP Claims will just let their claims go, and let BP off the hook, , they wore them down, don`t let them.
Some BP Claims /CPA`s /Processors/Attorneys/have Quit handling BP Claims
As part of the collateral damage many groups just could not afford to process BP claims anymore, or just elected not to. It is difficult to justify a continual expenditure on BP claims that just don`t seem to get paid. By BP continually stalling it, put many groups in a tough financial position.
Other issues are that many CPA groups, specifically the smaller ones are not staffed to handle BP claims and the regular accounting load. and these guys are now heading into tax season.
If you are a a group or firm that needs help with it`s BP Claims Case load call 1-800-BP-CLAIM. We have other processors and attorney`s that would be happy to work something out with you.
The BP claims processes was meant to to get people paid. Plain and simple, not get blocked by BP every step of the way.
BP`s strategy revealed they would use of the Delay, Deny and Defend strategy. This is the standard strategy by unscrupulous insurance companies and BP.
Written by: W.C Bohack
When will BP Stop Trying to delay the BP Settlement?
BP is at it again. After twice asking for a halt on all payments until the internal investigation within the BP settlement has concluded, Judge Barbier has ordered the BP Claims Administrator to respond to BP’s most recent request by August 26,2013.
If BP’s request is granted, payments to all claimants will be halted indefinitely. This is just what BP is hoping for.
Dirty Deeds Being done in the BP Settlement
We believe that certain Attorneys are trying to put an end to the settlement so they have the ability to litigate in court and charge 30-40% fees to claimants. In reality all the claimants want is a fair BP settlement and justice for their families and communities. Some attorneys on the other hand want as much of a cut they can get.
We also believe BP is trying to end the settlement, even though they are the ones that set it up with terms and guidelines to which they had previously agreed. BP has now seen that their initial projections of the actual dollar amount to be contributed to the BP settlement on their behalf were probably far too low. They are paying out more than they ever expected to, and they are not happy.
Are BP and certain attorneys working together to dissolve the settlement? We don’t know, but it does seem that they have a common interest; MONEY.
by: W.C. Bohack