"Independent" Administrators Play Key Role in Compensation Fund Process
By Dave Sutor
Camille Biros and Kenneth Feinberg are arguably the most influential people involved in the process of financially supporting victims of child sexual abuse perpetrated by Roman Catholic priests in Pennsylvania. The two attorneys from Washington, D.C., administer compensation funds for the Archdiocese of Philadelphia and the dioceses of Pittsburgh, Erie, Scranton and Allentown. They determine what – if any – money victims receive. But Biros and Feinberg play another role – beyond merely financial decisions – as their reputation is used to assuage concerns that the dioceses might be controlling the decisions. They have handled numerous high-profile funds, including ones related to the Sept. 11, 2001, terrorist attacks and Boston Marathon bombings. Harrisburg and Greensburg compensation funds are being administered by Commonwealth Mediation and Conciliation Inc. from Massachusetts, while Altoona-Johnstown is the only diocese in the state without a fund. “I'm not familiar with the Massachusetts fund administrators,” said Richard Serbin, a Blair County attorney, who has represented victims of clergy sex abuse in Pennsylvania for decades. “But Feinberg and Biros I do not feel – given their reputation – that they would allow the dioceses to control the day-to-day decisions.” Biros described herself and Feinberg as “totally independent.” “They hire us with the understanding that we're going to run these programs, and we're going to make these determinations, and we're going to offer amounts of money that we deem to be appropriate,” Biros said. “And they have really nothing to say about it. That's the agreement.” But “nevertheless, the diocese has a great deal of control,” according to Serbin. “The diocese controls not the fund administrator, but who is initially eligible to make a claim,” Serbin said. “That's where you have the disparity. Scranton, the diocese, is pretty encompassing. Harrisburg is very restrictive. Altoona-Johnstown is non-existent, all they'll do is give limited counseling. So the bishop is still in control in that sense. "Also, we don't know how much money is out there. It's all hidden behind closed doors.” 'Finally have a voice' The seven dioceses with compensation programs have all established their own parameters, such as the time period a fund will be open, eligibility, application procedures and budgets. “Fundamentally, they're pretty much the same,” Biros said. “There are different nuances with each of them. For example, the deadlines may be different for a couple of them. Some of them cover religious order priests, and the others do not. But the way we run them is pretty much the same.” As of mid-April, Biros and Feinberg had received claims from more than 300 individuals in Pennsylvania, had made determinations in 149 cases and had reached completion in 97 proceedings. “I think the programs have been very successful,” Biros said. “I think they've been well received. I think it gives an option to individuals who, for such a long time, didn't have an opportunity to have someone believe their statements and their stories.” They have also met face-to-face with victims, who, in many cases, previously ran into obstruction by church officials. “They tell us that they are grateful for the fact – it's not the money – that individuals, in the form of Ken and I, are believing their stories and what they're saying,” Biros said. “They finally have a voice, and people are listening to them, and making judgements that 'yes, we believe that this happened to you' and because of that, we're going to make this an eligible claim and offer some amount of compensation. But, again, many of them have repeatedly said to us it's the acknowledgement more than anything else.” Compensation, discretion All the application processes are similar – administrators receive claims from alleged abuse victims, evaluate the evidence and determine what monetary award should be given, based upon the available information. “It's important that we're independent, because we're not taking the view of any of the dioceses as to what happened, and whether they believe it happened and how frequently this child was abused or any of that,” Biros said. “That's all our discretion.” Robert Hoatson, co-founder and president of Road to Recovery, a New Jersey-based support group that has helped victims across the country, including in the Johnstown area, said compensation funds can benefit some victims. But he also raised concerns about how the determinations are made in some cases. “So, if somebody gets raped, they may get a half-million (dollars), but somebody who gets kissed and touched over the clothes may get 50,000 (dollars),” Hoatson said. “Now the effects usually don't necessarily reflect the compensation, because somebody who was raped might have an easier life than somebody who had just been touched over the clothes once or twice because of the way their brain reacted.” One deadline extended Harrisburg Bishop Ronald Gainer went on a listening tour to receive feedback about his diocese's Survivor Compensation Program. And, as a result, he made a significant change. Previously, only survivors of clergy abuse who identified themselves to the diocese by Feb. 11, 2019, were eligible. But that restriction was waived about a month ago. “I made this change in part as a result of the feedback I have received from survivors, parishioners and the public who have attended the listening sessions I hosted across the diocese,” Gainer said in a released statement. “Our goal is to help as many survivors of clergy sexual abuse as possible and we encourage you to come forward and contact our fund administrators, Commonwealth Mediation & Conciliation Inc. (CMCI). Again, in my name and on behalf of the church, we extend our prayers, heartfelt sorrow and apologies to all survivors of clergy sexual abuse.” Harrisburg's fund was open from Feb. 12 through May 13.
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