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Boy Scouts could be hit with more sex abuse claims

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Boy Scouts could be hit with more sex abuse claims
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News

Boy Scouts could be hit with more sex abuse claims

2019-04-25 05:33 Last Updated At:05:40

The lawyers' ads on the internet aggressively seeking clients to file sexual abuse lawsuits give a taste of what lies ahead this year for the Boy Scouts of America: potentially the most fateful chapter in its 109-year history.

Sexual abuse settlements have already strained the Boy Scouts' finances to the point where the organization is exploring "all available options," including Chapter 11 bankruptcy. But now the financial threats have intensified.

The reason: States have been moving in recent months to adjust their statute-of-limitations laws so that victims of long-ago sexual abuse can sue for damages. New York state has passed a law that will allow such lawsuits starting in August. A similar bill in New Jersey has reached the governor's desk. Bills also are pending in Pennsylvania and California.

CORRECTS SPELLING OF ADVOCATE'S FIRST NAME TO BRIDIE INSTEAD OF BIRDIE - Attorney Jeff Anderson, left, survivor and advocate Bridie Farrell, right, hold a news conference to release the names of more than 130 Boy Scout leaders who worked in New York and were named in Boy Scouts of America (BSA) "Perversion Files" as having allegations of sexually abusing minors, Tuesday, April 23, 2019, in New York. (AP PhotoBebeto Matthews)

CORRECTS SPELLING OF ADVOCATE'S FIRST NAME TO BRIDIE INSTEAD OF BIRDIE - Attorney Jeff Anderson, left, survivor and advocate Bridie Farrell, right, hold a news conference to release the names of more than 130 Boy Scout leaders who worked in New York and were named in Boy Scouts of America (BSA) "Perversion Files" as having allegations of sexually abusing minors, Tuesday, April 23, 2019, in New York. (AP PhotoBebeto Matthews)

In New York and elsewhere, lawyers are hard at work recruiting clients to sue the Boy Scouts, alleging they were molested as youths by scoutmasters or other volunteers.

Plaintiffs' lawyers "recognize that this is a very unique and lucrative opportunity," said attorney Karen Bitar of the Seyfarth Shaw law firm. She formerly handled sex-crime cases as a prosecutor in Brooklyn before going into private practice defending institutions accused of employing alleged sex abusers.

Attorney Tim Kosnoff, a veteran of major sexual abuse lawsuits against the Roman Catholic Church, said Tuesday that he and his team have signed up 186 clients from dozens of states in just the past few weeks who want to be part of litigation against the Boy Scouts. Kosnoff said 166 of them identified alleged abusers who have not been named in any of the Boy Scout files made public in past years.

Boy Scouts spokeswoman Effie Delimarkos said the organization continues to evaluate its financial situation, and she defended its current abuse-prevention policies. The organization serves more than 2.2 million youths.

A bankruptcy by the Boy Scouts could be unprecedented in its complexity, potentially involving plaintiffs in virtually every state, according to several lawyers. It would be national in scope, unlike the various Catholic Church bankruptcy cases in the U.S., which have unfolded diocese by diocese.

"A Boy Scout bankruptcy would be bigger in scale than any other sex abuse bankruptcy," said Seattle-based attorney Mike Pfau, whose firm is representing more than 300 victims in New York state.

Jeffrey Schwartz, a New York-based bankruptcy expert with the firm McKool Smith, said the Boy Scouts don't have a particularly large flow of cash and might be forced to sell off property in bankruptcy. The Boy Scouts have extensive land holdings, including camping and hiking terrain.

"They'll play for time," Schwartz said. "If their defense costs and settlement costs are greater than their membership fees, it could be a death spiral."

However, Dallas-based trial attorney Michelle Simpson Tuegel, part of a team representing numerous sex abuse survivors, said bankruptcy might benefit the Boy Scouts and reduce any payouts to plaintiffs.

"It can be a tool that these institutions use to shield assets and avoid having to reveal some information," she said. "In many ways, it's a disservice to victims."

Illustrating the depth of its problems, the Boy Scouts filed lawsuits last year against six of its own insurers, saying they have improperly refused to cover some of the sex abuse liabilities incurred by the organization. The insurers say the coverage obligation is voided because the Boy Scouts failed to take effective preventive measures such as warning parents that scouts might be abused. The suits are still pending.

The intensifying pressures on the Boy Scouts coincide with the mounting threats to the U.S. Catholic Church in regard to its own long-running sex abuse scandal. Catholic bishops will be meeting in Baltimore in June to discuss the next steps.

Both the church and the Boy Scouts are iconic, historically well-respected institutions now known as having been magnets for pedophiles trying to exploit the trust of boys and their parents.

"When you cloak people in badges of respect, you create the perfect opportunity for bad people to get access to children," said Chris Hurley, whose Chicago law firm is representing 11 former scouts in sex abuse trials scheduled on a monthly basis this year.

Another common denominator for the Catholic Church and Boy Scouts: Both kept voluminous secret files with names of suspected abusers, yet balked at sharing the information with the public.

Since the 1920s, the Boy Scouts have been compiling "ineligible files," which list adult volunteers considered to pose a risk of child molestation. About 5,000 of these files have been made public as a result of court action; others remain confidential.

Delimarkos said when any BSA volunteer is added to the database for suspected abuse, "they are reported to law enforcement, removed entirely from any Scouting program and prohibited from re-joining anywhere."

Minnesota-based attorney Jeff Anderson, who had led many lawsuits against the Catholic Church, released a court deposition in New York on Tuesday in which an expert hired by the Boy Scouts said she tallied 7,819 individuals in the "ineligible files" as of January, as well as 12,254 victims.

Anderson expressed hope that litigation triggered by New York's new Child Victims Act would increase pressure on the Boy Scouts to make public more of the still-confidential files.

Some of the files were ordered released after a 2010 sexual abuse case in Portland, Oregon, that led to a nearly $20 million judgment against the Boy Scouts on behalf of a man molested by a Scout leader in the 1980s.

Paul Mones, the plaintiff's lawyer in that case, said there are no overall figures on Boy Scout abuse settlements because the details are kept confidential.

Both the Boy Scouts and the Catholic Church say they now have policies in place to sharply curtail abuse that abounded in past decades. In the Boy Scouts ' case, the steps included requiring criminal background checks for all staff and volunteers, and requiring two or more adult leaders be present with youth at all times during scouting activities.

UNITED NATIONS (AP) — The U.N. General Assembly voted by a wide margin on Friday to grant new “rights and privileges” to Palestine and called on the Security Council to favorably reconsider its request to become the 194th member of the United Nations.

The 193-member world body approved the Arab and Palestinian sponsored resolution by a vote of 143-9 with 25 abstentions.

The United States vetoed a widely backed council resolution on April 18 that would have paved the way for full United Nations membership for Palestine, a goal the Palestinians have long sought and Israel has worked to prevent.

U.S. deputy ambassador Robert Wood made clear on Thursday that the Biden administration opposed the assembly resolution. The United States was among the nine countries voting against it, along with Israel.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

UNITED NATIONS (AP) — The U.N. General Assembly is expected to vote Friday on a resolution that would grant new “rights and privileges” to Palestine and call on the Security Council to favorably reconsider its request to become the 194th member of the United Nations.

The United States vetoed a widely backed council resolution on April 18 that would have paved the way for full United Nations membership for Palestine, a goal the Palestinians have long sought and Israel has worked to prevent, and U.S. deputy ambassador Robert Wood made clear Thursday the Biden administration is opposed to the assembly resolution.

Under the U.N. Charter, prospective members of the United Nations must be “peace-loving,” and the Security Council must recommend their admission to the General Assembly for final approval. Palestine became a U.N. non-member observer state in 2012.

“We’ve been very clear from the beginning there is a process for obtaining full membership in the United Nations, and this effort by some of the Arab countries and the Palestinians is to try to go around that,” Wood said Thursday. “We have said from the beginning the best way to ensure Palestinian full membership in the U.N. is to do that through negotiations with Israel. That remains our position.”

But unlike the Security Council, there are no vetoes in the 193-member General Assembly and the resolution is expected to be approved by a large majority, according to three Western diplomats, speaking on condition of anonymity because negotiations were private.

The draft resolution “determines” that a state of Palestine is qualified for membership – dropping the original language that in the General Assembly’s judgment it is “a peace-loving state.” It therefore recommends that the Security Council reconsider its request “favorably.”

The renewed push for full Palestinian membership in the U.N. comes as the war in Gaza has put the more than 75-year-old Israeli-Palestinian conflict at center stage. At numerous council and assembly meetings, the humanitarian crisis facing the Palestinians in Gaza and the killing of more than 34,000 people in the territory, according to Gaza health officials, have generated outrage from many countries.

The original draft of the assembly resolution was changed significantly to address concerns not only by the U.S. but also by Russia and China, the diplomats said.

The first draft would have conferred on Palestine “the rights and privileges necessary to ensure its full and effective participation” in the assembly’s sessions and U.N. conferences “on equal footing with member states.” It also made no reference to whether Palestine could vote in the General Assembly.

According to the diplomats, Russia and China which are strong supporters of Palestine’s U.N. membership were concerned that granting the list of rights and privileges detailed in an annex to the resolution could set a precedent for other would-be U.N. members — with Russia concerned about Kosovo and China about Taiwan.

Under longstanding legislation by the U.S. Congress, the United States is required to cut off funding to U.N. agencies that give full membership to a Palestinian state – which could mean a cutoff in dues and voluntary contributions to the U.N. from its largest contributor.

The final draft drops the language that would put Palestine “on equal footing with member states.” And to address Chinese and Russian concerns, it would decide “on an exceptional basis and without setting a precedent” to adopt the rights and privileges in the annex.

The draft also adds a provision in the annex on the issue of voting, stating categorically: “The state of Palestine, in its capacity as an observer state, does not have the right to vote in the General Assembly or to put forward its candidature to United Nations organs.”

The final list of rights and privileges in the draft annex includes giving Palestine the right to speak on all issues not just those related to the Palestinians and Middle East, the right to propose agenda items and reply in debates, and the right to be elected as officers in the assembly’s main committees. It would give the Palestinians the right to participate in U.N. and international conferences convened by the United Nations — but it drops their “right to vote” which was in the original draft.

Palestinian President Mahmoud Abbas first delivered the Palestinian Authority’s application for U.N. membership in 2011. It failed because the Palestinians didn’t get the required minimum support of nine of the Security Council’s 15 members.

They went to the General Assembly and succeeded by more than a two-thirds majority in having their status raised from a U.N. observer to a non-member observer state. That opened the door for the Palestinian territories to join U.N. and other international organizations, including the International Criminal Court.

In the Security Council vote on April 18, the Palestinians got much more support for full U.N. membership. The vote was 12 in favor, the United Kingdom and Switzerland abstaining, and the United States voting no and vetoing the resolution.

Follow AP's coverage at https://apnews.com/hub/israel-hamas-war

FILE - Palestinian President Mahmoud Abbas addresses the 77th session of the United Nations General Assembly on Sept. 23, 2022, at the U.N. headquarters. The U.N. General Assembly is expected to vote Friday, May 10, 2024, on a resolution that would grant new “rights and privileges” to Palestine and call on the Security Council to favorably reconsider its request to become the 194th member of the United Nations. (AP Photo/Julia Nikhinson, File)

FILE - Palestinian President Mahmoud Abbas addresses the 77th session of the United Nations General Assembly on Sept. 23, 2022, at the U.N. headquarters. The U.N. General Assembly is expected to vote Friday, May 10, 2024, on a resolution that would grant new “rights and privileges” to Palestine and call on the Security Council to favorably reconsider its request to become the 194th member of the United Nations. (AP Photo/Julia Nikhinson, File)

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