Pan Am 73 Justice
Overview
This website is intended to provide information related to the lawsuit challenging the validity of the JPA against Crowell & Moring and the Liaison Group.
RECENT UPDATES
"I think that Crowell & Moring is going to be very hard-pressed to show any entitlement to this money under the terms and conditions of the written agreements, which I've read in detail." - The Honorable Judge Gary Feess', United States District Court, Central District of California, Western Division (download full transcript)
Key Facts
4 out of 5 of the Liaison Group individuals are non-U.S. nationals. Other U.S. nationals who requested to join the Liaison Group were not accepted.
$0 - Awards from the Foreign Claims Settlement Commission (FCSC) to 143 non-U.S. nationals who signed the Joint
Prosecution Agreement (JPA). Only 43 U.S. nationals are eligible for awards from FCSC.
90% - Estimated amount of FCSC award that each U.S. national will forfeit if JPA is upheld by sharing their award with
non-U.S. nationals and paying C&M's unlawful contingency fees and expenses.
Zero - Number of times the JPA or C&M retainer agreement mention "treaty," "state-to-state negotiations," or awards
diplomatically negotiated by the U.S. government. Yet, the JPA, Joinder, and retainer repeatedly state that it is an
agreement for "legal action," "litigation," "civil action," and "trial," and covers "recovery" or "settlement" arising out of
these. The FCSC awards are NOT the result of the lawsuit that C&M filed.
Yet C&M insists that the FCSC awards are covered by the JPA.
"[W]e are only dealing with American nationals. Under U.S. law,
those are the only ones we can address in a claims settlement
procedure. So foreign nationals would have to go to their own
governments and find the David Welch in their government and the
Jonathan Schwartz, who will go out and negotiate a similar arrangement,
or use their own courts. And I think under the circumstance, that’s
entirely appropriate." C. David Welch - Assistant Secretary of State for Near
Eastern Affairs, 2005 - 2008, Briefing on the U.S-Libya Comprehensive
Claims Settlement Agreement
Yet Crowell & Moring is insisting that the FCSC awards to U.S.
nationals be shared with non-nationals, instead of pursuing
compensation for them in their own countries.Under international law, the U.S. can only espouse the claims of its own citizens, and state-to-state settlement of such claims is established, customary practice that has existed for over 200 years.
Yet Crowell & Moring never disclosed this information to us when
soliciting U.S. nationals to join with non-nationals in pooling any
awards.Federal Statute (22 U.S.C. §1623(f)) Strictly Limits Attorney's Fees Related to FCSC Awards to a Maximum of 10%
“[N]o remuneration on account of services rendered on behalf of any claimant in connection with any claim filed with the Commission under this subchapter shall exceed 10 per centum of the total amount paid pursuant to any award certified under the provisions of this subchapter on account of such claim. Any agreement to the contrary shall be unlawful and void.”
Yet Crowell & Moring is insisting that the JPA is valid and they are entitled to 25% attorneys' fees.Nationally recognized experts in the fields of arbitration and foreign affairs law will be testifying in support of our case and agree with our position.
Yet Crowell & Moring dismisses our complaints as "without merit" without any explanation.Awards under the Libyan Claims Resolution Act are immune from attachment. The immunity provision was included in the Act to “immunize the assets of the Humanitarian Settlement Fund so they will reach the intended recipients.”
Libya Settlement Press Statement, Robert Wood, Acting Deputy Spokesman (Aug. 14, 2008)
Yet Crowell & Moring has unsuccessfully tried to attach the awards before being released from the Department of Treasury to the intended recipients, while the Liaison Group is attempting to prevent these recipients from accessing their awards once they are received.