Latest / OneLegUpAlex Media / One Leg Up With Dave Catalfamo, Executive Director of CJCC 12-19-24
Transcript
- 0:00Speaker 1: This edition of the One Leg Up on News with
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- 0:33Speaker 2: Here's your host, Alex Garrett.
- 0:38Speaker 1: So we've connected through the political circles and campaigns. I
- 0:41Speaker 1: know you were running a few during this last election cycle,
- 0:44Speaker 1: but an Empire report JP Miller highlighted this. He wrote
- 0:48Speaker 1: about this assassination of Brian Thompson in the Daily News today.
- 0:55Speaker 1: From your perspective, first of all, give us a bit
- 0:59Speaker 1: of the op ed that we might have read today
- 1:00Speaker 1: in the Daily News.
- 1:02Speaker 3: Well, you know, I think the perspective that I bring
- 1:05Speaker 3: to it is the cognacative director of the Coalition for
- 1:09Speaker 3: Compassion Compensation, which is a group that advocates for survivors
- 1:14Speaker 3: of child sex abuse, folks who were able to come
- 1:18Speaker 3: forward as a result of the CDA statue that's seven
- 1:21Speaker 3: years ago now.
- 1:22Speaker 2: In Aregacy Justice and so.
- 1:26Speaker 3: What I see in that situation is they are literally
- 1:29Speaker 3: close to ten thousands of these survivors who filed glammed
- 1:32Speaker 3: in New York, and the vast majority of them have
- 1:35Speaker 3: been frustrated by the shitanery of.
- 1:40Speaker 2: The insurance industry.
- 1:42Speaker 3: But more profoundly and honestly, the point of my opp
- 1:45Speaker 3: ed more debilitating the complete absence of the York Regulatory
- 1:52Speaker 3: Agency Department of Financial Services to do their job and
- 1:56Speaker 3: to enforce the law that was passed these many years ago,
- 2:00Speaker 3: to enforce their own guidance that actually require insurance to
- 2:05Speaker 3: act them the baith them to try to expendit these
- 2:07Speaker 3: claims about litigate them, uh and to add no idea,
- 2:11Speaker 3: they're not.
- 2:12Speaker 2: Doing any of that.
- 2:13Speaker 3: And that's really, you know, my sort of observation, you know,
- 2:18Speaker 3: the heinous.
- 2:19Speaker 2: Murder of they had to help care regular, which is
- 2:21Speaker 2: that we see these people.
- 2:23Speaker 3: Who are you know, they're not they're not warning they're
- 2:26Speaker 3: they're they're doing uh you know me memes paid us means.
- 2:31Speaker 3: But it's honest with people. My people's really sort of
- 2:34Speaker 3: missing from.
- 2:34Speaker 2: The conversation is that people don't have faith that.
- 2:37Speaker 3: Their government and going to get act as a shield
- 2:41Speaker 3: for them.
- 2:42Speaker 2: They don't. They don't have they don't have faith that
- 2:44Speaker 2: they can go to their government and fit justice.
- 2:47Speaker 3: And that's because too often which indicate that that government
- 2:51Speaker 3: is captive.
- 2:52Speaker 2: And again I think that that that.
- 2:54Speaker 3: Is really very much short of driving and come of
- 2:57Speaker 3: what we're seeing there.
- 2:59Speaker 1: Well, and some of what you're seeing you mentioned is
- 3:02Speaker 1: Mangi and Luinji Minjoe has brought to New York and
- 3:05Speaker 1: you basically had supporters and people that cheer. I mean,
- 3:08Speaker 1: we're at a point now where people are cheering this
- 3:12Speaker 1: murder and cheering him. It almost reminds me of the Joker,
- 3:15Speaker 1: you know, going to the courthouse and all his supporters.
- 3:18Speaker 1: It's almost sickening to me that that forty percent of
- 3:21Speaker 1: the youth are happy about this. Isn't there a non
- 3:25Speaker 1: violent way to change all this, you know, not murder
- 3:28Speaker 1: that that shouldn't be the answer.
- 3:31Speaker 2: Oh, of course not. And you know they're disaffected because
- 3:35Speaker 2: they don't believe.
- 3:36Speaker 3: That there are any tools for them to get justice anymore. Again,
- 3:40Speaker 3: and that's really again I go back to that, that's
- 3:42Speaker 3: the point that I'm trying to make.
- 3:45Speaker 2: So if you're rich and powerful or your corporate interests,
- 3:48Speaker 2: you take a claim and you just bring.
- 3:50Speaker 3: It to court and it is tapert put the insurers
- 3:53Speaker 3: to go to court and grind out claimant who can't
- 3:57Speaker 3: afford to do it and who will either perish from
- 4:01Speaker 3: their illness. In the case of CVA survivors, most of
- 4:04Speaker 3: them are older. Their claims are mostly in the fifty
- 4:08Speaker 3: sixty seventies, So their ability to take these issues to
- 4:12Speaker 3: court and basically lagate them as opposed to try to
- 4:15Speaker 3: settle them becomes a significant weapon. And people see the
- 4:20Speaker 3: weaponization of the weapisation of the justice system to something
- 4:24Speaker 3: obviously talk a lot about last year. And then at
- 4:27Speaker 3: the same time, when they go to look for help
- 4:30Speaker 3: from their government, their government again in this case, the
- 4:32Speaker 3: Department of Financial Services isn't even enforcing the law and
- 4:37Speaker 3: the books. Even when hundreds of them approached the agency
- 4:41Speaker 3: and say what are you doing, you know, asking for help.
- 4:43Speaker 2: They say, oh, we can't do that because of legation.
- 4:47Speaker 3: Alex I will tell you if government stopped every time
- 4:50Speaker 3: that there is littigation going on about one aspect of
- 4:52Speaker 3: the law or another, there would be nothing that happens.
- 4:55Speaker 2: Ever, because most everything gets littig needed on some level
- 4:59Speaker 2: or an other. Big an interest.
- 5:01Speaker 3: So you know, people are frustrated, they're angry, they get angry,
- 5:06Speaker 3: and they.
- 5:07Speaker 2: Get disillusioned, and it's troubling, troubling to see it. But
- 5:11Speaker 2: it's more troubling. And you pointed out that it's eve
- 5:14Speaker 2: are young people, right, But get that? Really, I think
- 5:21Speaker 2: is there to you that the system.
- 5:24Speaker 3: Is so broken that it takes an external for it's
- 5:27Speaker 3: an assassination to actually kind of shoot up the system.
- 5:30Speaker 2: And that's really.
- 5:32Speaker 3: Unfortunate, and that's an endigument of our leaders and our
- 5:35Speaker 3: government and our system which is not being responded to
- 5:38Speaker 3: the needs of a.
- 5:39Speaker 2: People where they'd be survivors or hooks for healthcare.
- 5:43Speaker 1: Well, there are a couple of lines in this article
- 5:45Speaker 1: I want to get to, which is I think you
- 5:47Speaker 1: just mentioned it the New York Department of Financial Services
- 5:50Speaker 1: transformed from a regulatory guardian to a corporate shield. I mean,
- 5:54Speaker 1: I think that hits home the point. Now, all of
- 5:57Speaker 1: these victims, I also feel like they're not being heard
- 6:01Speaker 1: by the health care companies and the justice system. Are you,
- 6:04Speaker 1: like the only guys that hear them out? Is that
- 6:07Speaker 1: what's going on here?
- 6:07Speaker 2: Also?
- 6:08Speaker 1: And you're advocating for them, but I might it must
- 6:10Speaker 1: feel like you guys are serve alone in this effort
- 6:12Speaker 1: to get them justice.
- 6:14Speaker 2: No, you know, I of think I can say that
- 6:16Speaker 2: so many you.
- 6:17Speaker 3: Know, the advanced majority that they're represented by advocate, the
- 6:21Speaker 3: able advocates.
- 6:21Speaker 2: To a trial, learn and whatnot who you know, were
- 6:25Speaker 2: advancing their cases and bringing to you know, into through
- 6:29Speaker 2: our justice system.
- 6:31Speaker 3: Put the reality in is that what's going on or
- 6:34Speaker 3: that in many many cases ensures who.
- 6:38Speaker 2: Very regularly paid out on the plane. This is not
- 6:41Speaker 2: this is not a mystery to that up.
- 6:42Speaker 3: Until a few years ago, they would actually in the
- 6:45Speaker 3: normal course of business.
- 6:46Speaker 2: Payout of these planes. They they in many cases have
- 6:49Speaker 2: stopped that completely.
- 6:51Speaker 3: And as a result, what we see is, you know,
- 6:56Speaker 3: thousands of these survivors who are basically being brought through
- 7:00Speaker 3: a legal grinder.
- 7:01Speaker 2: And now it's not just in New York.
- 7:04Speaker 3: In Los Angeles, the Los Angeles School District is suing
- 7:07Speaker 3: job on a very similar matter.
- 7:10Speaker 2: All around the country. You have insurance, whether it be.
- 7:13Speaker 3: In Maryland and the Baltimore Diocese or Los Angeles with
- 7:17Speaker 3: the Los Angeles School District, or obviously in New York,
- 7:21Speaker 3: not just with the Archdiocese of New York, but with
- 7:23Speaker 3: Rockefeller University, which itself paid out literally one hundred and
- 7:28Speaker 3: many of the dollars in claim, you know, effectively getting
- 7:33Speaker 3: ahead of it.
- 7:33Speaker 2: And now they're being.
- 7:34Speaker 3: Sued by Chubb to avoid actually making any payment on
- 7:37Speaker 3: those claims.
- 7:38Speaker 2: So what's happened is that what was in the.
- 7:42Speaker 3: Normal course, you know, covered previously by emplair by insurers
- 7:47Speaker 3: rather and now being rejected.
- 7:49Speaker 2: And it's being rejected because of the vast number of
- 7:53Speaker 2: claims that have come forward. And you know, there's I
- 7:55Speaker 2: think a little over thirty.
- 7:56Speaker 3: States that have now adopted statue locations uh look back
- 8:02Speaker 3: or opening the window on past abuse, and that has
- 8:05Speaker 3: opened up a real significant liability for insurers and one
- 8:10Speaker 3: that this is one of the next need of which
- 8:12Speaker 3: they are trying connectitate.
- 8:15Speaker 1: You know, Dave, I got to ask you this. Everybody
- 8:17Speaker 1: talks about justice for these survivors, why don't they ever
- 8:21Speaker 1: talk about the health of it. I feel like you're
- 8:22Speaker 1: saying here, hey, let's also focus on the healthcare, not
- 8:25Speaker 1: just getting them justice.
- 8:27Speaker 3: No, I mean, so what what these typically are they insure?
- 8:31Speaker 2: Like in this case and.
- 8:34Speaker 3: The ARA would which actually been liquidated, others a Beautican
- 8:38Speaker 3: national there literally large insurance lest they property and casualty.
- 8:43Speaker 2: Who.
- 8:43Speaker 4: So what they do is they employ, they ensure the school,
- 8:48Speaker 4: or the diet or the daycare center or the boys Scouts, right,
- 8:52Speaker 4: so they ensure them against you know, against things that
- 8:56Speaker 4: happens that aren't expected.
- 8:58Speaker 2: Right, So deep institutions all pay insure the evens.
- 9:00Speaker 3: Are bigger than dollars over the years to ensure themselves
- 9:04Speaker 3: in the instance.
- 9:04Speaker 2: That something goes wrong.
- 9:07Speaker 3: And again, like I said, you know, these claims have
- 9:10Speaker 3: been paid out for years. They're decades of history of
- 9:14Speaker 3: insurers paying out on these claims. The only thing that
- 9:17Speaker 3: has changed, the only thing that is actually materially different
- 9:21Speaker 3: is there are.
- 9:22Speaker 2: Now thousands of them.
- 9:24Speaker 3: That are actually going to court that are looking to
- 9:26Speaker 3: be paid and insured instead of not paying them anymore.
- 9:30Speaker 2: But many, many cases are instead doing the insurance.
- 9:34Speaker 3: Dance, you know, deny, defend, defend, and defend depose. However
- 9:41Speaker 3: it is and you know that is again a legal
- 9:45Speaker 3: strategy that actually uses the actuarial table right to look
- 9:49Speaker 3: at the lives of people and a certain number of them.
- 9:54Speaker 2: Before they interested this resolve making their payment their state.
- 10:00Speaker 2: The individuals who are their errors actually fall through it.
- 10:03Speaker 2: So it's a very deliberate intensional strategy. It is one
- 10:07Speaker 2: board of the fact.
- 10:08Speaker 3: That there is so much more liability not just in
- 10:10Speaker 3: the art around the country. And you know, when you
- 10:14Speaker 3: look at the insurance industry at large, right, we see
- 10:17Speaker 3: issues around the country when it comes to home ownership
- 10:20Speaker 3: and automobile insurance.
- 10:22Speaker 2: And so the industry, uh not large is struggling with
- 10:26Speaker 2: a lot of difference. But in particular in this case,
- 10:30Speaker 2: we see you know, childhood victimist next abuse who are
- 10:35Speaker 2: bid without the gold.
- 10:37Speaker 3: And again that's the problem and the testable the want
- 10:42Speaker 3: of way, but's what more the testable is when your
- 10:45Speaker 3: government walks away from it, when your government passes a
- 10:48Speaker 3: law that directs action to be taken, when they take specific,
- 10:53Speaker 3: specific legal legislative action to create an avenue for child
- 10:58Speaker 3: victims to receive some measure and let life must be
- 11:01Speaker 3: honest right now, I mean they're in there justice that
- 11:04Speaker 3: could be ever won from some measure of it and
- 11:09Speaker 3: and that is being denied them now because both lawmakers
- 11:13Speaker 3: and regulator will turn their back and said, oh, okay, well.
- 11:15Speaker 2: You got to go figure out and we're you know,
- 11:18Speaker 2: we're not going to.
- 11:19Speaker 3: Get in the middle of actually enforcing the law which
- 11:22Speaker 3: we put on the book and making people do what
- 11:25Speaker 3: we said in the law originally.
- 11:27Speaker 1: So now any of you have any of your you know,
- 11:32Speaker 1: people that you work with, the victims, have they ever
- 11:35Speaker 1: thought of violence, not toward the companies, but even toward
- 11:39Speaker 1: the dioceses and let these happen. Have they ever had
- 11:41Speaker 1: those thoughts? Or how do they handle their trauma their
- 11:45Speaker 1: grief over it happening?
- 11:47Speaker 3: You know, I've never heard about the say anybody of
- 11:50Speaker 3: the survivors I've been fortunate enough to meet and work
- 11:54Speaker 3: with express any kind of violent tendency will be used.
- 11:59Speaker 3: You know, I've heard you know, people have a lot
- 12:02Speaker 3: of different ways of coping with.
- 12:06Speaker 2: The kind of damage that results from that kind of abuse.
- 12:10Speaker 3: And you know, some you know, uh express themselves interacting
- 12:16Speaker 3: in them right and through their efforts to try to
- 12:18Speaker 3: assist in helping bellow survivors.
- 12:22Speaker 2: To get the kind of justice they be able.
- 12:23Speaker 3: Other there, you know, severely damaged and have a hard
- 12:29Speaker 3: time functioning quite frankly.
- 12:32Speaker 2: And others still you know, walking away.
- 12:36Speaker 3: And and uh it's a quiet part of their life,
- 12:41Speaker 3: one that they struggle with a lot or people the
- 12:44Speaker 3: best to.
- 12:46Speaker 2: You know, keep separate. So I dealt with a net
- 12:50Speaker 2: all kind of that.
- 12:50Speaker 3: I've never had one individual expect to be in earned
- 12:55Speaker 3: for violence. Uh, A lot of disappointment, a lot of anger,
- 13:00Speaker 3: but mostly, you know, mostly, you know, you're talking about
- 13:04Speaker 3: a large group of advocates who really you know, they've
- 13:07Speaker 3: put so much into getting legislation passed to give them
- 13:12Speaker 3: this opportunity to finally, you know, see some build of
- 13:16Speaker 3: some kind of address and then.
- 13:19Speaker 2: To get into that. And now six seven years later,
- 13:23Speaker 2: we're not most of them are not any further along
- 13:26Speaker 2: than they were.
- 13:27Speaker 1: Well, and I was going to ask about timelines because
- 13:29Speaker 1: is there with these claims? Is there a what do
- 13:33Speaker 1: you call it limited statue of limitations like it is
- 13:35Speaker 1: with the law or how does that work?
- 13:38Speaker 3: Yeah, so there was a window for them to file
- 13:41Speaker 3: the claims, right, So the so there were a two
- 13:44Speaker 3: year window, got you that extended with COVID that it
- 13:47Speaker 3: made it a little bit more for individuals who had been.
- 13:51Speaker 2: Who have a claim to file that.
- 13:53Speaker 3: And so during that period of that time, you know,
- 13:56Speaker 3: literally eight thousands again New York has close to ten thousand.
- 14:00Speaker 2: That's overall just to New York. And the best bulk
- 14:06Speaker 2: of those.
- 14:06Speaker 3: Came during that period after the act has passed UH
- 14:10Speaker 3: and again the best majority and have not moved appreciably
- 14:16Speaker 3: in the legal system. And that's what's just terribly frustrated.
- 14:22Speaker 3: And again that's that's that's where you know, government's just
- 14:25Speaker 3: not doing this job, you know.
- 14:27Speaker 2: And I mentioned in the article right like you know,
- 14:30Speaker 2: Arnahgal took.
- 14:31Speaker 3: Some very strong and direct action get them them when
- 14:35Speaker 3: they were looking to you know, reduced to anesthesiology UH visions,
- 14:41Speaker 3: and you know that was very direct and very effective
- 14:44Speaker 3: and taking that on that's the kind of leadership.
- 14:48Speaker 2: That we need to see here. Again, we're not we're
- 14:51Speaker 2: not asking for changing the law. We're asking for just
- 14:54Speaker 2: the worst of the lot of the books. You know.
- 14:57Speaker 1: Absolutely in addition to all of this, these claims in
- 15:04Speaker 1: the in the setral limitations. It doesn't happen often. But
- 15:07Speaker 1: have you ever thought of protesting in from of these
- 15:10Speaker 1: searches that come to mind? And does that is that
- 15:13Speaker 1: something that you guys are active with their protests where
- 15:17Speaker 1: outside these different churches where these abuses took place, Well,
- 15:21Speaker 1: a lot of.
- 15:22Speaker 2: That happened when they are protesting to get the mob
- 15:24Speaker 2: pat and so right now, I mean, you know.
- 15:28Speaker 3: We see I think all of the diets of except
- 15:31Speaker 3: for the Archdiocese of the art of bankrupt and that
- 15:34Speaker 3: they're you know, looking to move forward to settle and make,
- 15:37Speaker 3: you know, through their part, to kind of settle their claim.
- 15:41Speaker 3: And you know, you have school district and you see
- 15:45Speaker 3: on Long Island school districts that are issuing bonds twenty
- 15:50Speaker 3: three ordy million dollars bond plane. You have Devoid Death
- 15:53Speaker 3: of America famously who have love bankrupt and paint.
- 15:57Speaker 2: Out on our paying and the process of paying out hundreeople.
- 16:00Speaker 2: They have the power of the bankruptcy.
- 16:02Speaker 3: You have not for profit providers and this is really
- 16:04Speaker 3: kind of where it's sticky is you have not for
- 16:06Speaker 3: profit providers who are currently in the business of providing
- 16:10Speaker 3: childcare services around the state who have legacy cases which
- 16:15Speaker 3: we bankrupt them and put them out of business and
- 16:18Speaker 3: and actually hurt the delivery of service today and many
- 16:21Speaker 3: of them and said, hey, wait, we.
- 16:23Speaker 2: Didn't do it. We're in the bust for providing care
- 16:25Speaker 2: now and you're gonna you're going to disrupt that. So
- 16:29Speaker 2: there are I get it. There are a lot of.
- 16:31Speaker 3: Issues that attended with with these cases, and there is
- 16:36Speaker 3: a lot of you know, uh, downstream issues that probably
- 16:41Speaker 3: lawmakers could have and should have bought up when they
- 16:43Speaker 3: passed the mill, that they didn't.
- 16:46Speaker 2: And as a.
- 16:47Speaker 3: Result, you know, we have you know, basically a lot
- 16:50Speaker 3: of folks who again were promised a measure of justice,
- 16:54Speaker 3: just the measure of.
- 16:55Speaker 2: Justice, and never get it, you know. And and now
- 16:58Speaker 2: because of all the tenant.
- 17:00Speaker 3: Issue, nobody wants to do anything, and it's just strong,
- 17:05Speaker 3: you know, there's not another ways there, and it requires the
- 17:08Speaker 3: leadership and it requires the state to get it back together,
- 17:12Speaker 3: make sure the insurance that the table, make sure the
- 17:15Speaker 3: institutions that they'd.
- 17:16Speaker 2: Harm are at the table. No one's shoeing off the
- 17:19Speaker 2: hard right.
- 17:21Speaker 3: Everybody needs to be at the table. And if there
- 17:24Speaker 3: is instances.
- 17:25Speaker 2: Where you know, and look, I mean, you know, we
- 17:28Speaker 2: talk about not.
- 17:28Speaker 3: For profits who provide services as we know, you know,
- 17:32Speaker 3: churches and religious institution provides servicetitute and then going bankrupt
- 17:36Speaker 3: and communities around the state isn't always the best thing either,
- 17:39Speaker 3: back then saying it's a terrible thing.
- 17:41Speaker 2: Just like not for profits who who.
- 17:43Speaker 3: Are now thirty forty years removed from the incident, you know,
- 17:48Speaker 3: have are looking to bear these costs.
- 17:50Speaker 2: And there's problematic.
- 17:52Speaker 3: So everybody needs to be responsible, be sure people be responssible,
- 17:56Speaker 3: to be responsible. But the state that passed this law
- 18:00Speaker 3: and providing an opportunity in a halfway to justice needs
- 18:06Speaker 3: to step up and.
- 18:07Speaker 2: Make sure that they're addressed and if they need to.
- 18:10Speaker 3: Be additional public poality actions to figure out somebody that they.
- 18:13Speaker 2: Will then take it. But you know, in the typical
- 18:17Speaker 2: a kind.
- 18:18Speaker 3: Of fact and they go around, you know, bumping on
- 18:20Speaker 3: their chat to know what a great thing we did.
- 18:23Speaker 1: I was going to ask you how you ended up
- 18:24Speaker 1: from politics to this kind of advocacy work or were
- 18:27Speaker 1: you doing that all the while you were, you know,
- 18:30Speaker 1: a campaign consultant and whatnot.
- 18:32Speaker 3: You know, I have a lot of different things that
- 18:34Speaker 3: I'm passionate about, Alan, but I'm passionate about public service
- 18:37Speaker 3: and you know, and so they had an opportunity to
- 18:41Speaker 3: get involved with this and it just really you know,
- 18:45Speaker 3: I took.
- 18:45Speaker 2: To it because it.
- 18:48Speaker 3: Is an injustice and I feel like it's one that
- 18:52Speaker 3: really just needing education and advocacy and it's.
- 18:56Speaker 2: More than to be from there. And I hope though,
- 18:59Speaker 2: you know.
- 19:01Speaker 3: That I was in a position of the you know,
- 19:03Speaker 3: thankfully to be able to help shine some light on
- 19:05Speaker 3: it and to work with.
- 19:06Speaker 2: Some of the lawyers and the survivors and UH.
- 19:10Speaker 3: And hopefully find some way to create revolution and there
- 19:14Speaker 3: I think one of the first states to pass the
- 19:16Speaker 3: CBA state statute. I think it should be one of
- 19:20Speaker 3: the state first states to resolve all the CBA statute
- 19:23Speaker 3: to allow the institutions, whether they be churching or a
- 19:26Speaker 3: boy scout, local properts, or school to move.
- 19:29Speaker 2: On as long as they have one.
- 19:32Speaker 3: Two days one they do in best to address the
- 19:35Speaker 3: harm of the past.
- 19:37Speaker 2: But be if people, you say to this and we
- 19:39Speaker 2: do do this, so that institutions actually put it in place,
- 19:44Speaker 2: the breureaucuracy, the management, and make it and to ensure
- 19:47Speaker 2: it doesn't happen again. Right, I think this is not
- 19:50Speaker 2: just oh, I'm going to punish you. This is this
- 19:53Speaker 2: is you're going to play the penalty.
- 19:55Speaker 3: But that penalty is supposed to ensure that you're.
- 19:59Speaker 2: Ordering nation does the thing that you need to do
- 20:02Speaker 2: to safeguard, you know, your work with children in the future.
- 20:07Speaker 3: And I see no evidence that anybody actually following up
- 20:11Speaker 3: on that part as well.
- 20:12Speaker 2: But that's that's equally well, equally important in this scenario.
- 20:16Speaker 1: You know how not all over the place, but how
- 20:20Speaker 1: dynamic the show is. So tomorrow I'm scheduled to interview
- 20:24Speaker 1: Jay paternal the son of Joe Paterno, and I'm going
- 20:27Speaker 1: to kind of delve into this and say, you know,
- 20:29Speaker 1: are you surprised the institution bounce back? I mean, Penn
- 20:32Speaker 1: State was for dead after all of the Sandsky stuff,
- 20:35Speaker 1: Yet here they are in the college football playoff. From
- 20:38Speaker 1: your perspective, is something like that right years later that
- 20:42Speaker 1: they were even allowed to play. I mean, I thought
- 20:44Speaker 1: they were going to be done for after all of
- 20:46Speaker 1: that happened.
- 20:48Speaker 3: Look, I'm fine of them saying, and I'm quoting a
- 20:52Speaker 3: famous quote, but they're the thousands of years man as
- 20:55Speaker 3: friend who in the Catholic Church.
- 20:57Speaker 2: Catholic Church will stand, whether bank up there, whatever storm
- 21:01Speaker 2: it's in, it will stand. The ideas, the principles will
- 21:04Speaker 2: go forward and it will serve. What's Some institutions like
- 21:08Speaker 2: Penn State and the Boy Scout want.
- 21:10Speaker 3: That they need to reform, They need to take a
- 21:14Speaker 3: proper accounting of how they did wrong, address it, do
- 21:19Speaker 3: their best to fix it and to provide relief to
- 21:22Speaker 3: those who they help to victimize.
- 21:25Speaker 2: But then they go forward and do better, right, do better?
- 21:31Speaker 2: And so I'm not, you know, all of the.
- 21:33Speaker 3: Steed on the thing that Penn State had done, but
- 21:35Speaker 3: I'm probably pretty certain that they put in place negatism
- 21:38Speaker 3: to ensure that that kind of stuff doesn't happen again.
- 21:42Speaker 2: And that's what we need to do.
- 21:44Speaker 3: We need to fix the wag of the past the
- 21:47Speaker 3: extent we can make sure they're going forward. Our institutions
- 21:50Speaker 3: are taking the manaus that they have to do to
- 21:53Speaker 3: ensure that our children are safe in their care, and
- 21:56Speaker 3: they're going to be one hundred percent, but we commit
- 21:59Speaker 3: it better.
- 22:00Speaker 2: We should be focused on making that better.
- 22:03Speaker 1: Amen to that. You know, you just mentioned a few
- 22:05Speaker 1: minutes ago that your the victims that you work with
- 22:08Speaker 1: are angry. But where was Luigi Manngione different? I mean,
- 22:12Speaker 1: he took that anger and took it out in a
- 22:15Speaker 1: violent act. What makes from your perspective, seeing all the
- 22:20Speaker 1: frustration and anger, what makes someone tip to that moment
- 22:23Speaker 1: where they just want to shoot the guy? I mean,
- 22:24Speaker 1: is there is there a psychological thing that you think
- 22:27Speaker 1: is going on here?
- 22:29Speaker 3: I'm not I'm not just apply on that, and I
- 22:33Speaker 3: certainly I don't understand it well enough.
- 22:36Speaker 2: I don't under Luigi. Well enough, I will pretend to
- 22:40Speaker 2: I think that you are sick.
- 22:43Speaker 3: Enough to frankly take somebody's wife, take somebody, no matter
- 22:47Speaker 3: how brush to do it.
- 22:49Speaker 2: Then you have serious effects, brilliant and they're justifying it.
- 22:57Speaker 2: They go they know anything. And honestly, again, I wouldn't
- 23:01Speaker 2: pretend to get into the guy's mind. And I think
- 23:04Speaker 2: that all these people who are ascribing their own anger
- 23:08Speaker 2: and earth and.
- 23:09Speaker 3: Everything to it, they may be surprised to learn one
- 23:12Speaker 3: day that he took the nut.
- 23:14Speaker 2: You know, they may be just they may be surprised
- 23:16Speaker 2: to learn that he really you know that.
- 23:19Speaker 3: A motive, warning motives, you know, we don't know, you know.
- 23:23Speaker 3: So I can't get if every page is will trying
- 23:25Speaker 3: to go there, but to the extent that you can't
- 23:28Speaker 3: look at the.
- 23:29Speaker 2: Anger that's out there, that's playing out in social media,
- 23:32Speaker 2: that playing out insin in the news.
- 23:34Speaker 3: Is a real frustration with institution, with healthcare providers. And
- 23:39Speaker 3: again I say, you know, well, it's not not bubbled
- 23:44Speaker 3: up to the top of the conversation. The reality would
- 23:47Speaker 3: these people be having these feelings that their regulators were
- 23:51Speaker 3: actually doing their job and ensuring that people weren't being
- 23:54Speaker 3: screwed around, that people weren't being denied coverage it that
- 23:57Speaker 3: they deserve, that people were getting access to the justice
- 24:01Speaker 3: that they deserve under the child victim That would people
- 24:04Speaker 3: be having this reaction that they've bought their government with
- 24:07Speaker 3: doing what they're supposed to do, which is to put
- 24:10Speaker 3: their interests for and not the interest of you, to ensure.
- 24:15Speaker 2: It would feel different. They don't believe it.
- 24:18Speaker 1: The other bureauctic struggle this is remind me of is
- 24:20Speaker 1: how every year it's a fight to even get nine
- 24:23Speaker 1: to eleven victims, you know, help. So it's like, why
- 24:26Speaker 1: is there so much bureaucotic struggle against all of these
- 24:30Speaker 1: different efforts. That's what has to be looked at, you know,
- 24:32Speaker 1: is why so many struggles for just people that need
- 24:36Speaker 1: to live, need to find their justice and need their
- 24:39Speaker 1: their mental and physical health, you know, honored as well.
- 24:44Speaker 1: The other fascinating thing in which I'm bringing you on
- 24:47Speaker 1: here for is the AI discussion. The AI discussion about
- 24:51Speaker 1: how you say that human healthcare is now an algorithm.
- 24:55Speaker 1: Powerful line in that article, But what have you learned
- 24:58Speaker 1: in your research on that?
- 25:02Speaker 2: You know, I don't want to pretend that I'm an.
- 25:04Speaker 3: AI expert but I've spent some time, you know, researching it,
- 25:09Speaker 3: and look, I mean, you know, AI is aim powerful, but.
- 25:13Speaker 2: It's imperfect, and it doesn't replace human judgment. It is not.
- 25:19Speaker 3: It can it can protect things that are that our
- 25:23Speaker 3: minds may not perceive. Uh, it can do certainly with
- 25:26Speaker 3: things faster and consume more data and process more data.
- 25:31Speaker 3: But if you're going to ask it to have judgment,
- 25:34Speaker 3: then you're completely wrong because it doesn't.
- 25:36Speaker 2: Have judgment like that. It doesn't doesn't have experience is
- 25:40Speaker 2: what it doesn't have.
- 25:41Speaker 3: Doesn't have empathy, and it doesn't have rud them And
- 25:46Speaker 3: that sounds kind of well, I don't know problems.
- 25:49Speaker 2: I guess, but it's very fundamental to it.
- 25:53Speaker 3: I mean, all these people who write about how you
- 25:56Speaker 3: know AI going to dislide whether this older generation. I'll
- 26:01Speaker 3: be honest with me, I think the only generation.
- 26:03Speaker 2: That actually is capable of managing AI.
- 26:06Speaker 3: Is a generation that is actually formally educated and trained
- 26:11Speaker 3: and has wisdom and can look at something and understand
- 26:15Speaker 3: that it's just fundamentally wrong, that it lacks empathy, that
- 26:18Speaker 3: it lacks morality, that it actually just sometimes just lacks
- 26:22Speaker 3: basic fact that have not been sort of absured.
- 26:25Speaker 2: By it, so I think it. Look, it's powerful, it's
- 26:28Speaker 2: an amazing tool.
- 26:30Speaker 3: It's going to transform our economy, it's going to transform
- 26:34Speaker 3: all aspects of the human existence to be.
- 26:37Speaker 2: Quite out of but not in the position to replace human.
- 26:40Speaker 3: And in particular right now, if they're using it as
- 26:43Speaker 3: a blunt instrument to decide healthcare decisions, it is not
- 26:51Speaker 3: up to that test.
- 26:52Speaker 2: Today in my view.
- 26:55Speaker 1: I love the Yankees, but it's one thing for the
- 26:57Speaker 1: Yankees line to be termined by AI, you know their analytics,
- 27:01Speaker 1: but it's not. It's another thing when they let healthcare
- 27:04Speaker 1: of humans be decided by AIE.
- 27:08Speaker 2: It's just like that. I don't.
- 27:12Speaker 3: I won't tell you that, but you know, guarantee you
- 27:16Speaker 3: had a really slow heart beat in the body.
- 27:19Speaker 2: They may have a lower batting age.
- 27:21Speaker 3: The wealth see that comes to the side, but you
- 27:24Speaker 3: know you've got a lower heart beat, so you wanted.
- 27:26Speaker 2: Them in a situation. I don't believe it doesn't have
- 27:30Speaker 2: They had there, but it doesn't have everything. I think
- 27:33Speaker 2: that's where people come at.
- 27:35Speaker 1: Right, You're so right, Dave. I got to say, there
- 27:40Speaker 1: is an administration coming in, and do you think a
- 27:44Speaker 1: President Trump administration could help this kind of act be
- 27:48Speaker 1: truly you know, pushed through and all that or what
- 27:51Speaker 1: what are you thinking?
- 27:53Speaker 2: You know when I when I do think that.
- 27:56Speaker 3: We're feeling profoundly among the survivor community and York. But
- 28:00Speaker 3: I think that is one definitely want to be felt
- 28:03Speaker 3: throughout the nation because this is the playbook that largeins
- 28:06Speaker 3: are they're using to stall claimed and in most states,
- 28:11Speaker 3: and so when you see things that are happening in
- 28:14Speaker 3: a multitude of states that the majority of states.
- 28:16Speaker 2: Start to take, you know, uh, take action. I think
- 28:21Speaker 2: that it does create.
- 28:21Speaker 3: An opportunity for Congress and for the administration to get involved.
- 28:25Speaker 2: And it is actually out like yet that it is
- 28:28Speaker 2: something that we're going to do in next year.
- 28:29Speaker 3: We do plan to bring this issue to the Hill, uh,
- 28:33Speaker 3: and to educate members of Congress about this issue in
- 28:37Speaker 3: the in the insurance industry and there you know, their
- 28:41Speaker 3: their their efforts to avoid liability into these claims.
- 28:48Speaker 1: That because I feel like the combatting of sex trafficking
- 28:51Speaker 1: is so important, but so here is this child abuse
- 28:57Speaker 1: as well, And I feel like the two are not
- 28:59Speaker 1: one not more important than the other, They're equally important
- 29:02Speaker 1: and they both should be for on the Hill to
- 29:04Speaker 1: come back both of these things.
- 29:08Speaker 3: Again, I'll go back to it's about having institutions who
- 29:13Speaker 3: do their part to enforce the law, to enforce the
- 29:17Speaker 3: laws on the books, and to hold people accountable, both corporation,
- 29:22Speaker 3: other country bull institutions accountable for their place in society.
- 29:28Speaker 3: And that the only way that we can have a
- 29:31Speaker 3: society where we have faith in each other and bathe
- 29:33Speaker 3: in the system that things that can be fair. Right,
- 29:40Speaker 3: absolutely fundamentally, what we needed to begin.
- 29:43Speaker 1: Are doing a deep dive also on the number of
- 29:46Speaker 1: senators that are getting kickedbacks from these insurance companies, because
- 29:49Speaker 1: that's a well known fact. But does that play a
- 29:51Speaker 1: role into this enabling if you will.
- 29:56Speaker 2: You know, we have not looked at that, but at
- 29:58Speaker 2: this point you know, honestly, and I will say, it's
- 30:01Speaker 2: a head factor. I don't I don't want people life
- 30:03Speaker 2: of me.
- 30:03Speaker 3: Why the Parking of Financial Services, which had all the
- 30:06Speaker 3: authority to get in the world, which had the law
- 30:08Speaker 3: on its side, which had issued its own guidance like
- 30:12Speaker 3: so the Department of Financial Service that they don't do
- 30:14Speaker 3: read so much regulation, they need guidance letter. They put
- 30:17Speaker 3: out guidance letter that basically telling them about out and
- 30:21Speaker 3: they're not enforcing their own guidance.
- 30:23Speaker 2: So I don't know honestly what that's about, you know,
- 30:28Speaker 2: whether that's about you know.
- 30:31Speaker 3: You know, corporate interests, big interests, or if that's just
- 30:36Speaker 3: about being concerned about the impact on the industry at large.
- 30:39Speaker 2: And you know what, if we deserve that conversation, you know,
- 30:44Speaker 2: and if.
- 30:44Speaker 3: They do have the dam and concern that they need
- 30:46Speaker 3: to bring them forward, not just sit in silence and
- 30:49Speaker 3: say we're going to wait until litigation done, because you'll
- 30:52Speaker 3: be waiting another decade before all the litigation is done.
- 30:55Speaker 2: That's not what the law products.
- 30:57Speaker 1: One day. What to help you guys out and to
- 30:59Speaker 1: help these victims out. Mostly, we're going to email this
- 31:03Speaker 1: link to the you know this this institution because I
- 31:08Speaker 1: think they need to know. You know, we're getting highlighted.
- 31:11Speaker 1: This is getting highlighted. The Department of Financial Services needs
- 31:14Speaker 1: to know. The New Yorkers are not happy. I think
- 31:17Speaker 1: that's the bottom line here.
- 31:19Speaker 2: Thank you. That would be great.
- 31:20Speaker 1: And that's the thing I say, New Yorkers, but I
- 31:22Speaker 1: feel like this isn't a well known thing. So how
- 31:24Speaker 1: do we make it more enlarged for people to see
- 31:28Speaker 1: not just a podcast, but what else can we do.
- 31:31Speaker 2: You know, look, I mean that's.
- 31:33Speaker 3: Kind of being on the board and you know, just
- 31:38Speaker 3: thank you for doing this, because you know you're.
- 31:41Speaker 2: Moving the bull board by giving us a venue to
- 31:43Speaker 2: talk about usue and get it out there more. And
- 31:46Speaker 2: I do think the more that we get it out there,
- 31:48Speaker 2: the more.
- 31:49Speaker 1: That we find light on it.
- 31:51Speaker 3: You know that that will cause you know, bodies to
- 31:55Speaker 3: move and trusted finally gets imagine here and you know,
- 32:00Speaker 3: so we'll just keep shipping away and look, and I
- 32:03Speaker 3: believe in.
- 32:03Speaker 2: That that's the process. That's that's that's the way that
- 32:06Speaker 2: government work. That you do that.
- 32:08Speaker 3: But you know, again, if this is if I was
- 32:11Speaker 3: coming on your show, Alex and saying, you know, we
- 32:13Speaker 3: need to change.
- 32:14Speaker 2: The law and you know, we have to do this
- 32:16Speaker 2: and that to make sure that this happened to that
- 32:18Speaker 2: happened every one thing.
- 32:19Speaker 3: That that's an an advocacy process, right, that's a legislative process.
- 32:23Speaker 2: Body and met all that we're not doing that.
- 32:26Speaker 3: We're just saying, follow the law on the book today,
- 32:30Speaker 3: follow the law in the books today, the one that
- 32:32Speaker 3: you have told the industry how to act.
- 32:35Speaker 2: And if you just do that, then you know we'll.
- 32:40Speaker 3: Be satisfied and at least the government is doing its
- 32:43Speaker 3: best to you know, or making an effort to enforce
- 32:46Speaker 3: the law as was promised.
- 32:48Speaker 2: But the failure to do that is it's it's it's
- 32:54Speaker 2: it's terrible.
- 32:55Speaker 1: It's to see pull and claim denials are always any
- 32:59Speaker 1: emotion a roller coaster because it's like you feel lost,
- 33:03Speaker 1: you feel helpless after a claim denial. And you mentioned Chubb.
- 33:07Speaker 1: Are there any other companies that you're going up against
- 33:11Speaker 1: when it comes to this.
- 33:13Speaker 2: Yeah, most of them who are in this space, and
- 33:15Speaker 2: they have been some kind.
- 33:16Speaker 3: Of consolidation over the years, you know, necessarainly have some
- 33:19Speaker 3: some claims.
- 33:20Speaker 2: The National has.
- 33:21Speaker 3: Some plain error, would to be liquidated, had plans. I mean, uh,
- 33:26Speaker 3: there are many many you know, the large insurers who
- 33:29Speaker 3: you know they insured school danger, paint out, Catholic religious
- 33:33Speaker 3: old certifization, they insured not for profits, right, So if
- 33:37Speaker 3: they're in that space at all, they you know.
- 33:40Speaker 2: Have some exposure to this.
- 33:43Speaker 3: But I'll say it's been a chubbed to a large
- 33:47Speaker 3: degree that has squareheaded this very aggressive legal posture with
- 33:52Speaker 3: respect for litigating these claims.
- 33:55Speaker 2: And it is they're not they're not unifon. I mean
- 33:58Speaker 2: there are some insure and.
- 34:00Speaker 3: Even show itself as you know, taken action in some
- 34:04Speaker 3: places to help bring some clodion with some claims in
- 34:08Speaker 3: New York and.
- 34:09Speaker 2: Around the country.
- 34:10Speaker 3: But writ large, if you're to look at the top
- 34:13Speaker 3: of their actions, they're doing their best to avoid having
- 34:18Speaker 3: responsibility to chaotic plan and some of the other large
- 34:21Speaker 3: insured and small insure that are following suit and that
- 34:25Speaker 3: at the legal strategy.
- 34:26Speaker 1: So and finally, your message to those victims that are
- 34:30Speaker 1: speaking up, I mean you must be very proud of
- 34:32Speaker 1: them that they're going through and speaking up and then
- 34:35Speaker 1: taking action.
- 34:37Speaker 3: Alex, I'll tell you, like I you know, I you know,
- 34:41Speaker 3: just humble to work with people who you know, have
- 34:47Speaker 3: been able to use their voice to advocate too, to
- 34:52Speaker 3: put aside or to somehow manage their own uh and
- 34:59Speaker 3: be breat enough to come forward and with their voice
- 35:03Speaker 3: out there. I'll say you it's it's humbling, you know
- 35:06Speaker 3: what I mean, to work with people like that, because
- 35:08Speaker 3: it's a special kind of courage and special kind of strength.
- 35:13Speaker 2: And honestly that a lot of times out this I
- 35:16Speaker 2: don't I don't feel word and to tell your story,
- 35:18Speaker 2: you know I'm not, but I guess I look at
- 35:24Speaker 2: myself as a messenger.
- 35:26Speaker 3: I understand government, I understanding you know, the less of
- 35:29Speaker 3: the legal system.
- 35:31Speaker 2: Uh in advocacy and.
- 35:32Speaker 3: If I can help be a voice for the really,
- 35:37Speaker 3: like I said, Hobbly, do that well.
- 35:41Speaker 1: I'm honored that you brought this story to real life,
- 35:44Speaker 1: you know, from the pages to an actual podcast, and
- 35:46Speaker 1: hopefully this helps keep the conversation going. Kudos to JP
- 35:50Speaker 1: Miller Empire Report for featuring this and reminds when you
- 35:53Speaker 1: check my email, because every day you might find a
- 35:55Speaker 1: news story that just pops up and we got to
- 35:57Speaker 1: cover that. So Dave, thank you for rting. Can people
- 36:00Speaker 1: expect more from you in these in the local papers
- 36:03Speaker 1: or is that a once in a bloom moon type
- 36:06Speaker 1: of game.
- 36:07Speaker 3: We're going to keep pushing on this until we get
- 36:09Speaker 3: to leave, so we'll be back, all right, We'll.
- 36:13Speaker 1: Be back, As Arnold Schwarzenegger would say, David, thanks so
- 36:18Speaker 1: much for joining and Merry Christmas in a really happy
- 36:22Speaker 1: holiday season. You know, I'm glad that you guys are
- 36:24Speaker 1: giving that comfort to the abused during this time of year.
- 36:29Speaker 2: I said, I'm tumbled to be a part of it.
- 36:31Speaker 3: Alie, thanks for having me on and same to you
- 36:34Speaker 3: have a day holiday and have some fun enjoyed them.
- 36:40Speaker 2: Yeah, because a really well there.
- 36:43Speaker 1: Amen to that New York Daily News article by Dave.
- 36:48Speaker 1: It's linked in the bio below. Thanks so much,