Showing posts with label bankruptcy. Show all posts
Showing posts with label bankruptcy. Show all posts

Around ArchMil - weeks of August 11th and 18th

From the Chancery

Saints, Fascinating Figures, and World Crises, by Archbishop Listecki, Our Faith blog

The Lord's Prayer, and Faithful Fasting, Catholic ID videos at YouTube

Vatican II Awards. "On Tuesday, September 23, 2014, 15 individuals will receive the Archbishop’s Vatican II Award for Distinguished Service for outstanding contributions to the Church and society."

In the Milwaukee Catholic Herald

Parish janitors: Helping hands, ready tools, Herald of Hope column by Bishop Richard J. Sklba. "They ... know the location of all the keys..."

Alive 'n' Kickin' plans to roll despite setbacks, by Karen Mahoney, on Greg Gesch. "The Wauwatosa resident and director of Alive ‘n’ Kickin’, a mobile ultrasound ministry, is more concerned that the mobile crisis pregnancy clinic is not on the road than he is about his health crisis."

Grandma's statue finds home in Wisconsin chapel, by Patricia Kasten. the replica statue of 'Our Lady of Loucim', "an image of Mary dating to 1400 in Bohemia", belonged to Lee Thompson, of Mother of Good Counsel Parish, Milwaukee. Frank Lax, a Bohemian immigrant, built the chapel alongside a rural road near St. Nazianz, Wisconsin, in 1875.

43 years later, my second retreat, by Brian T. Olszewski. (Sounds circumstantially like he's returned to the scene of a mandatory Catholic high school retreat.)

Ten Secrets to Happiness, column by Ron Rolheiser, OMI. "In presenting these, I will be faithful to his [Pope Francis's] captions but, because his commentary on each one was rather lengthy, I will risk synthesizing his central point in my own words..."

Among the Parishes and Schools

Marquette changes Foley memorial to Tuesday, by Annysa Johnson, FaithWatch, Milwaukee Journal Sentinel. "The vigil will be at 6 p.m. Aug. 26 in the Chapel of the Holy Family on the second floor of the Alumni Memorial Union, 1442 W. Wisconsin Ave."

Remembering Fr. Vic Capriolo, by Steve Wideman, Milwaukee Catholic Herald (Holy Family Church, Fond du Lac)

Good Shepherd mourns murder in sister parish of El Salvador, by Annysa Johnson, FaithWatch, Milwaukee Journal Sentinel. "Although the motive is unclear, some said he had been speaking out against the local gangs that have terrorized nearby communities, said Chuck Koenings, who chairs Good Shepherd's Ellacuria El Salvador Committee."

P.S. At No Spin Homilies, Father Dan Volkert's for the 21st Sunday in Ordinary time

Lay Organizations

Bishop Robert C. Morlino to receive Msgr. Popek Award, October 19, 2014, Milwaukee Chapter of Catholics United for the Faith

U.S. Bankruptcy Court (E.D. Wis.)

Archdiocese, sex abuse victims heading to mediation — again, by Annysa Johnson, Milwaukee Journal Sentinel

Order for Appearance at Mediation "At St. Paul, Minnesota ... September 8 to 9, 2014, commencing at 9:30 a.m. on Monday, September 8, 2014."

Arguments scheduled in lawsuit over Milwaukee archdiocese cemetery funds

Oral arguments in a lawsuit involving the Archdiocese of Milwaukee's cemetery trust funds — and two other related cases — have been scheduled for June 2 before the U.S. 7th Circuit Court of Appeals.

The lawsuit was filed as part of the Archdiocese's bankruptcy.

At issue is whether forcing the archdiocese to tap its $60 million cemetery trust to fund a bankruptcy settlement would violate its free exercise of religion under the First Amendment and the 1993 federal Religious Freedom Restoration Act.

U.S. Bankruptcy Judge Susan V. Kelley ruled it would not. But U.S. District Judge Rudolph T. Randa overturned that decision. This is an appeal of Randa's ruling.
Read more from Journal Sentinel: http://www.jsonline.com/news/milwaukee/arguments-scheduled-in-lawsuit-over-archdiocese-cemetery-funds-b99263163z1-258024941.html#ixzz30xNhJoE5
Follow us: @JournalSentinel on Twitter

Milwaukee Archdiocese turns a corner in April 17th hearing

Jerry Topczewski, chief of staff for Archbishop Jerome Listecki, said Friday that lawyers for the committee are "re-arguing points that the court has already ruled upon."

"The committee's objections have been clearly addressed, in great detail, in the disclosure statement," Topczewski said in an email to the Journal Sentinel. "After three and one-half years, we have turned a corner in this proceeding, and it is time for both the archdiocese and the community to move forward by bringing the Chapter 11 to its conclusion."

The 10-county archdiocese filed for Chapter 11 bankruptcy protection in January 2011 to address its mounting claims by men and women who alleged they were sexually abused as children by priests, teachers, deacons and others in the local church. It is one of the largest Catholic Church bankruptcies to date with more than 570 sex abuse claims and has cost the archdiocese $12 million to date in legal fees, with millions more likely ahead.

U.S. Bankruptcy Judge Susan V. Kelley is scheduled to hear arguments April 17 on whether the plan's disclosure statement, a document akin to a prospectus in a stock offering, contains enough information for creditors to make an informed decision about the reorganization plan. She will take up the plan itself at a later date. But creditors said the disclosure statement and plan are "an integral package and must be considered together for the reader to be adequately informed."
Read more from Journal Sentinel: http://www.jsonline.com/news/religion/abuse-victims-call-archdiocesan-bankruptcy-plan-repugnant-b99240512z1-253930131.html#ixzz2yUhqpqus
Follow us: @JournalSentinel on Twitter

Milwaukee archdiocese reports $19 million in costs for bankruptcy filing

The Archdiocese of Milwaukee has revealed that it has spent over $19 million in legal fees and associated expenses in connection with its bankruptcy filing.

In new documents submitted to a federal bankruptcy court, the archdiocese proposed a payment of $4 million to 125 sex-abuse victims. That payment represents a relatively small payment for each individual plaintiff, in comparison with other diocesan settlements; it also allows no cash settlements for more than 400 other people who have lodged abuse complaints. Lawyers for abuse victims have criticized the archdiocesan proposal, saying that more funds should be made available to the victims.

If the court sides with the victims' lawyers and rejects the proposed settlement, the archdiocese will incur greater legal costs in the bankruptcy process.
details at Catholic Culture 

Also JS: Archdiocesan reorganization plan raises fairness questions

I've seen some say the Cousins Center should be sold, but last I knew the archdiocese said they did not own it.  

TPE: Minor Seminary, major spin

Someone once said the most interesting things tend to be in the middle of a Milwaukee Catholic Herald article, and I find that our Archdiocese's Chancery sometimes also buries the lede.

A couple years back it was headline news in the Milwaukee Journal Sentinel that our Archdiocese did not actually own its Cousins Center headquarters property (see my earlier post Archbishop rent his garments?) Our Archdiocese posted a clarification, Cousins Center (5/18/11), to the Milwaukee Journal Sentinel article, saying,

"The Communication Office felt that the timing of the article, as well as the bias of the headline, was unfortunate. Here are the facts:"

The facts then listed have a conspicuous absence regarding the period between the formation of the Seminary corporation on October 16, 1961 and notation of its ownership "in [Archdiocesan] financial statements as far back as 2004".

Note 1 to the financial statements for the fiscal year ending June 30, 2004, page 10, says the Seminary contributes occupancy of the Cousins Center to the Archdiocese. There was then no lease and no payment of rent.
continue at The Provincial Emails

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Federal judge vindicates Cardinal Dolan, rules Milwaukee archdiocese right to shield cemetery funding

via Catholic Culture
A federal judge has ruled that the Milwaukee archdiocese was justified in setting up a $50 million trust fund for the care of cemeteries.

Creditors of the archdiocese, which is now in bankruptcy, had argued that Cardinal Timothy Dolan, who was then Archbishop of Milwaukee, acted improperly to set up the trust fund. The creditors argued that the fund was created in order to shield archdiocesan funds from plaintiffs in sex-abuse lawsuits. Cardinal Dolan had replied that establishing the fund was mandated by state laws, which require secure funding for cemeteries.

Federal Judge Rudoph Randa sided with the archdiocese, ruling that the cemetery funds could not be included in a listing of assets available for payment of archdiocesan creditors.
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Arch Mil statement

Cardinal Timothy Dolan gives deposition in Milwaukee archdiocesan bankruptcy

New York Cardinal Timothy Dolan, former archbishop of Milwaukee, was deposed Wednesday about clergy sex abuse in the Milwaukee Catholic Archdiocese's bankruptcy case, church officials and lawyers said.

The deposition, taken in New York and first reported by The New York Times, comes as Dolan prepares to leave next week for the Vatican, where a conclave of cardinals is to choose a pope to replace Pope Benedict XVI. The pope announced last week that he was stepping down, the first sitting pope to do so in more than 600 years.

Dolan, the most influential Catholic bishop in the United States, has been mentioned as a long shot to succeed Benedict, though many feel an American is unlikely to be picked.
continue at JS

Perfect timing.  Clearly this was planned to maximize publicity.  I believe Weakland and Sklba's depositions were never made public, correct?

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JS: "Milwaukee Archdiocese says it's going broke"

The Archdiocese of Milwaukee is hemorrhaging money on legal and professional fees as a result of its bankruptcy and will be unable to pay its monthly operating expenses beginning in April unless the judge suspends those payments, it says in court documents filed Thursday.

The archdiocese filed a motion asking U.S. Bankruptcy Judge Susan V. Kelley to allow it to suspend all payments to attorneys and consultants, except $125,000 for work on its plan of reorganization. And it would continue to pay its own attorneys to challenge sex-abuse claims with proceeds from its insurance carriers.

"Without it, we will be unable to continue operating. We've used all the money we had from savings, reserves, investment earnings and money budgeted for litigation," archdiocese spokesman Jerry Topczewski said.

"This is a reorganization, not a liquidation," he said, "and under bankruptcy law, the goal for Chapter 11 is to keep the organization operational."
continue at JS

The goal of SNAP is to get as much money out of this thing as they can, and obviously has much more resources to do so. 

The bankruptcy proceedings have now been going on for two years as of January 4th. 

Mr. Berres has some thoughts.

Milwaukee Archdiocese allows police to see defrocked priest's file

The Archdiocese of Milwaukee will allow a Fond du Lac police detective to review the file of a defrocked priest as part of an ongoing sex-abuse investigation, in response to a motion filed Thursday by victims in its bankruptcy case.

The archdiocese, which refused the detective access in December, citing the seal on certain documents in the bankruptcy, said Thursday that that was in error. And it blamed the lapse on miscommunication involving two staff members.

But lawyers for victims in the bankruptcy said they would push ahead with the motion asking U.S. Bankruptcy Judge Susan V. Kelley to make public all records, depositions and other documents involving credibly accused priests and church workers, arguing the move is needed to protect children.

"Not a chance," victims attorney Jeffrey Anderson said, in response to the archdiocese's request that he and colleague Michael Finnegan withdraw the motion.

"There's a public and moral imperative to be answered here. And the only way is to release this information to the survivors and the public," he said.

Archdiocese spokesman Jerry Topczewski said it has a long-standing policy of cooperating with civil authorities investigating clergy abuse. He and attorney Frank LoCoco accused Anderson and Finnegan of exploiting an isolated incident in an attempt to get Kelley to revisit the broad protective order she issued in 2011 to shield victims seeking anonymity in the bankruptcy.

"No one wants to obstruct a lawful investigation," LoCoco said. "And to date, we've had no other complaints from law enforcement," he said. "This is just Jeff Anderson's way of getting this issue back in front of Judge Kelley."
continue at JS

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JS: First Amendment no protection for Milwaukee Archdiocese cemetery funds

Taking funds the Archdiocese of Milwaukee set aside for cemetery operations to help settle its bankruptcy debts would not hinder its free exercise of religion under the First Amendment and a 1993 federal law aimed at protecting religious freedom, U.S. Bankruptcy Judge Susan V. Kelley said in a hearing Friday.

Kelley's opinion, which is expected to be filed early next week, is a victory for sex-abuse victims and other creditors working to expand the archdiocese's bankruptcy estate - the pool of money used to fund settlements and the church's reorganization.

But it could be short-lived.

Lawyers for the creditors committee and the archdiocese's cemetery trust have agreed to seek a separate decision from the U.S. District Court in a procedural move that reduces Kelley's findings from a final order to essentially recommendations - a development that appeared to blindside and anger the judge.

"I have hundreds of other bankruptcy cases I put on hold to decide this," Kelley said, rebuking the lawyers midway through a 2 1/2 -hour hearing.

"My idea was to get this case on a faster track, to get this settled, and I don't think this advances that ball at all."
continue at JS

$35 million in parish investment funds off the table in Milwaukee sex abuse case

Annysa Johnson reported in the Milwaukee Journal Sentinel,

'Creditors in the Archdiocese of Milwaukee bankruptcy cannot sue to recover more than $35 million in parish investment funds that the archdiocese moved off its books in 2005, a federal judge ruled Monday.'

The creditors' committee is said to be likely to appeal. Creditors include not only persons claiming sexual abuse by clergy but also 'the archdiocese's pension and health care funds'.
via TPE

Abp. Listecki on SNAP/creditors sniffing around parishes for money


SNAPs vision of Milwaukee parishes

Whenever there is news on our Chapter 11 bankruptcy proceeding, I try to keep you updated. I don’t want to overwhelm you with constant emails, but I am trying to be mindful of the need for the people of the archdiocese to have up-to-date information directly from me.

Several things have happened over the past weeks. A variety of motions have been filed and media has reported about the creditors trying to expand their demands onto parish assets and monies.

The parishes are separately incorporated entities and have been since the 1800s. The separate incorporation status and structure of parishes is actually directed by Wisconsin State Statutes, originally adopted in 1876, so any attack on them is frivolous. That being said, it’s not surprising that these efforts are underway since the assets of the archdiocese are very limited. It is the cost of these legal maneuvers that is disappointing. It is the parishes that have to absorb the added expense of acquiring legal counsel for something they had nothing to do with.

The way bankruptcy works is the “debtor” (in this case, the archdiocese) pays the lawyers on both sides. Every time the creditors’ committee files a motion, we are obligated to respond. Then a hearing is scheduled, discovery or research is undertaken, “experts” are hired by the creditors’ committee, and witnesses are called to testify. So while the case drags on, the archdiocese is forced to spend literally millions of dollars on attorney fees for the lawyers representing the archdiocese, as well as those representing the creditors’ committee.

Typically in a Chapter 11 proceeding, the creditors’ committee legal fees are about 20 percent of the total fees of the proceeding because it is the debtor that directs the majority of the process. However, in this proceeding, the creditors’ committee attorneys and their experts have already tallied more than $4 million in fees. That’s more than 50 percent of the $7 million-plus already spent on legal and professional fees.

Some have said this wouldn’t be the case if the archdiocese wasn’t fighting the creditors at every opportunity. But here’s the truth. The creditors’ committee is represented by attorneys from California who have followed a similar legal strategy in other diocesan bankruptcies across the country. Also involved is Jeffrey Anderson, a tort attorney from Minnesota who has been suing the Catholic Church for decades. He will receive his 40 percent contingency fee from whatever is the final settlement.

Some people have said we should simply pay people a settlement. Arriving at a settlement figure was one of the reasons we entered into mediation earlier this fall and also back in 2010 before we were forced to file for Chapter 11. Before Chapter 11, we offered 15 claimants $4.6 million dollars. Suffice it to say, today the demands have grown. Simply put, we cannot pay money we don’t have or attempt to use money that doesn’t belong to us in order to meet the demands of the creditors’ committee. Even the creditors’ committee attorneys have acknowledged the limited and dwindling resources of the archdiocese.

The crime of sexual abuse is a heinous one and the actions of the priests who committed these crimes were horrific. That such abuse was perpetrated by priests and that some of these priests were reassigned was covered extensively in the media in the 1990s, long before the frenzy of media coverage re-emerged in 2002.

We understand the effects of the abuse people suffered are long lasting. Even though the abuse claims would not have stood the test of the statutes of limitations, the archdiocese voluntarily instituted an independent mediation system (in 2004) to provide support and attempt to bring resolution to those who had been harmed. Many abuse survivors (almost 200) [tragic] received spiritual, therapeutic and financial assistance. In fact, one of the first motions filed by the archdiocese in the Chapter 11 proceeding was to ask the court for permission to continue to pay therapy costs and structured settlements for abuse survivors.
continue at ArchMil

Judge lets Milwaukee archdiocese bankruptcy abuse ruling stand

A federal judge on Monday handed partial victories to both the Archdiocese of Milwaukee and the sex abuse victims who make up the vast majority of creditors in its bankruptcy.

The ruling, by U.S. District Judge Rudolph Randa, lets stand a February decision by U.S. Bankruptcy Judge Susan V. Kelley dismissing one victim's claim and allowing two others to move forward, at least for now.

The three cases were seen as test cases in which the archdiocese argued that a significant number of victims of clergy sexual abuse had enough information on the church's handling of cases to have filed fraud claims years earlier, and that the statute of limitations expired before those victims stepped forward. It also sought to exclude cases that involve religious offenders, teachers and others it does not consider its employees, and cases where the victims received prior settlements.

A decision to dismiss all three cases would have opened the door for the archdiocese to remove most of the 574 sex abuse claims involved in the bankruptcy proceedings, victims and their attorneys have said.

The lone dismissal - of a claim in which a victim already received a $100,000 settlement from the church - lays the groundwork for the archdiocese to object to more than 90 claims by individuals who also signed prior settlement agreements.
continue at JS

Milwaukee Archdiocese, SNAP fail to reach bankruptcy settlement

The court-ordered mediation between the Archdiocese of Milwaukee and victims of sexual abuse has failed, sending the parties back to the U.S. Bankruptcy Court to resume what one court official has called a scorched earth legal battle.

The church and victims — at 575 members, they represent the largest class of creditors in the bankruptcy — have been in court-ordered mediation since July 20.

Victims attorney Jeffrey Anderson confirmed Monday that the mediation had failed but declined to elaborate on the sticking points, citing the confidentiality of the proceedings.
He said victims would now move forward to force the disclosure of thousands of pages of documents now under court seal, and to scrutinize the transfer of millions of dollars off the church’s books into trusts in the years before the bankruptcy.

The lack of a resolution “puts us back to where we were, ready to move forward with all the issues and battles that need to be fought."
continue at JS Faith Watch

HT TPE

By Mr. Berres' account on archdiocesan costs:
That $7.5 million since January 4, 2011, divided by what I calculate at 648 days as of today, works out to $11,574.07 per day.

Deal could be near between Milwaukee archdiocese & SNAP

The Archdiocese of Milwaukee and victims of sex abuse by priests and others in authority have extended their court-ordered mediation into next week, prompting speculation that one of the Catholic Church's largest bankruptcies could be nearing a close.

Lawyers for both sides met for another session Monday with the mediator, retired U.S. Bankruptcy Judge Randall J. Newsome of San Francisco, in hopes of hammering out a settlement that would compensate victims and allow the archdiocese to continue its mission.

Archdiocese spokesman Jerry Topczewski said "much progress" has been made.

But neither he nor attorneys representing victims would comment on the substance of the talks, or whether they believed a settlement was imminent.

"Based on the status of the talks, we thought it was appropriate to continue. But I wouldn't talk about the status beyond that," said James Stang, the lead attorney for the creditors committee.
continue at JS

Milwaukee Archdiocese, bankruptcy creditors to enter mediation

It's a signal case may soon be resolved

The Archdiocese of Milwaukee and its bankruptcy creditors, most of them known or alleged victims of child sexual abuse, agreed Tuesday to enter mediation, a signal that one of the nation's largest Catholic Church bankruptcies to date may be nearing a resolution.

U.S. Bankruptcy Judge Susan V. Kelley issued an order Tuesday naming retired U.S. Bankruptcy Judge Randall J. Newsome of San Francisco as the mediator, at the request of both sides. She gave them 60 days beginning July 20 to try to reach a settlement, and she imposed a stay on all court proceedings during that time.

"The focus should be on the mediation," said Kelley, who has raised concerns about the mounting legal fees in the 15-month-old case, which she has likened to an "all-out war."

"We need to do what we can to get this thing resolved," she said.

Newsome is the former chief judge of the U.S. Bankruptcy Court in the Northern District of California. As mediator, he will guide the parties through a host of issues, the most contentious of which are likely to be: Which of the nearly 500 sex abuse claimants should be compensated? And which church assets should be made available to pay them?

In addition to compensation, any settlement is likely to include provisions that have no dollar value but are of great significance to abuse survivors, such as public apologies or the release of church documents.
continue at MKEJS

I assume the apologies will involve naming names of individuals who failed to report abuse, and how about apologies to the people who were ignored when reporting issues to the Archdiocese.  To date, I've not seen a bishop point a finger at his predecessor by name in gross mishandling of these cases.

Judge won't unseal documents in Milwaukee archdiocesan bankruptcy case

The testimony of two retired Catholic bishops, who handled the Archdiocese of Milwaukee's child sex-abuse cases for more than two decades, will remain under court seal, at least for now, U.S. Bankruptcy Judge Susan V. Kelley ruled Thursday.

In what some are calling an unprecedented decision, Kelley rejected a move by victims' attorneys to make public the depositions of Archbishop Rembert Weakland, Bishop Richard Sklba and a defrocked pedophile priest, saying they contain "scandalous material" and could potentially identify victims who've sought anonymity in the case.

"I won't take that risk," Kelley said, in giving the archdiocese a significant victory in the Chapter 11 bankruptcy filed last year in an effort to deal with its mounting sex-abuse obligations.

An attorney for the archdiocese, who called the depositions an "enormous distraction," said the ruling allows it to return to the purpose of bankruptcy, which is essentially financial.
continue at MilJS

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Abp. Listeck blasts Lassa-Pasch coalition, sloppy MJS reporting, sets the record straight

My emphasis:
Since my return from Rome last week, I have been catching up on all the things that happened while I was away for the ad limina trip and the consistory where my friend and predecessor Timothy M. Dolan was elevated to the office of Cardinal.

The first thing that confronted me was the media coverage of the archdiocese’s Chapter 11 proceeding and statements made about the number of abuse claims filed and the safety of children in the Church today.
Any instance of sexual abuse of a minor is a disgusting sin and a horrible crime. My heartfelt apology goes out to anyone who has been harmed. When Pope Benedict visited the United States in April 2008, he rightly referred to the sexual abuse of children by priests as “evil” and a “sin,” acknowledging that the crisis was “sometimes very badly handled by Church leaders.”

However, statements reported as facts in the media, go beyond the adversarial rhetoric we have come to expect in this proceeding. On top of that, several state legislators, without having access to factual information regarding any of the claims, compounded the issue by calling for the state attorney general to investigate, unaware that both old and new claims have been turned over to and been reviewed by district attorneys for more than a decade.

The combination of these two actions is, to me, the equivalent of shouting “fire” in a crowded movie theater and it set off a number of anxious inquiries from our people to which I feel compelled to respond. Here are the facts about the archdiocese’s policies and protocols that have been rigorously followed since 2002.

First, of all the claims filed in the archdiocesan bankruptcy only one (1) claim alleges sexual abuse occurring since 2000. That means the vast majority of claims allege incidents of abuse that date back decades, in some cases more than 70 years.[the Lassa-Pasch coalition and MJS support prosecution of dead priests] This means the Safe Environment education and protocols implemented by the archdiocese in the mid-1990s are working. As a point of comparison, there have been more than 40 cases of sexual abuse in our state involving public school personnel since 2000 -- and those are just the cases where a person was convicted in court.

Second, it is true that some new names of diocesan priests did surface in the claims process. In those instances, if the accused is still alive, the claim has been sent to the appropriate district attorney’s office for review. If the district attorney chooses not to pursue the case, the archdiocese follows its policies and conducts an independent investigation. During that time, the priest is restricted from public ministry. In addition, any claim against a religious order priest is sent to the religious order with a copy of the allegation sent to the district attorney. This has been diocesan policy for years and it was at my insistence that we worked with the claimants’ attorneys to ensure we could continue this investigative process in Chapter 11. We encourage anyone making a claim involving a lay person to also follow our lead and report the claim to the district attorney.

Third, and just as important, the Archdiocese of Milwaukee has listed the names of diocesan priests with substantiated allegations of sexual abuse of a minor on its website since 2004. When Cardinal Dolan made the decision to list these names, he faced a tremendous amount of criticism since the majority of those listed were never convicted of a crime. No other organization that I am aware of has taken such a drastic step to publicly identify perpetrators within its own organization. Our state legislators should demand public school districts to do the same for teachers and school employees who have been charged with sexual abuse.

Fourth, claimants’ attorneys said there are 75 new priests named in claims who are not listed on the archdiocesan website. What they neglected to say is that all of these priests are either dead or have been reported to the district attorney.

Fifth, claims filed in the Chapter 11 totaled approximately 570 claims. Attorneys representing abuse survivors have attempted to make the pool of claims as large as possible, including at least three tort attorneys who purchased television advertising to solicit clients. In a claims process, anyone can say anything about anybody. Now the system will evaluate those claims.

There is no excuse for what happened within the Church. But there is also no excuse for public officials or media to hold the Church to a different standard than other institutions in society.

As a Church, WE voluntarily hold ourselves to a higher standard. I wish each perpetrator could be punished under criminal law, but as the district attorneys tell us, that is not possible. Instead, the Church has imposed its own rigorous standards and consequences, as proven by the 44 priest-perpetrators listed on the archdiocesan website who either are no longer priests or can no longer serve in any public ministry. We exercise this degree of accountability regardless of the criminal statutes of limitations and it goes beyond what civil authorities can impose.

Since 2004, the archdiocese voluntarily implemented a mediation system that allowed abuse survivors to seek the resolution the criminal courts would not allow, namely, a way to receive assurance their perpetrator was held accountable and that they themselves received pastoral, spiritual, therapeutic and financial considerations. We fought to try and continue this mediation system in the bankruptcy proceeding, but claimants’ attorneys said “no.”

Our Safe Environment initiatives have trained more than 30,000 people who work with children; conducted criminal background checks on staff and volunteers; and provided tools and training for people to recognize suspicious behavior.

These continued attacks on the Church are to be expected. They’ve been happening in different forms for centuries. They have been elevated during this past decade when the Church has admittedly been humbled by the clergy sexual abuse crisis. Reporters, editorial writers and some legislators will use this opportunity to try and weaken the Church’s teaching authority, especially on social issues such as marriage, abortion, workers’ rights, health care and religious freedom. I will not allow that to happen.

In the Chapter 11 proceeding, our goals remain the same. The archdiocese wants to reach resolution with abuse survivors and continue its essential ministries for those who rely upon the Church for assistance.

During this penitential season of Lent, we must humble ourselves in front of our Lord, asking forgiveness for our sins and demonstrating our resolve to ensure nothing like this can ever happen again. As the leader of this Catholic community, I must also call for all involved in this proceeding to act justly and speak truthfully as we continue to reach out and attempt to bring healing through the mandate of Christ to LOVE ONE ANOTHER.

In His Name,

Archbishop Jerome E. Listecki
Arch Milwaukee

Wow!
 
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SNAP: "8,000 instances of abuse" in Milwaukee Archdiocese hearing

Sealed documents filed in the Archdiocese of Milwaukee bankruptcy identify at least 8,000 instances of child sexual abuse and 100 alleged offenders - 75 of them priests - who have not previously been named by the archdiocese, a victims' attorney said Thursday.
In an emotional preamble to her ruling, before a packed courtroom, [Judge] Kelley expressed a reverence for the Catholic Church and compassion for the victims, saying she was "brought to tears more than once" reading the accounts of the men and women who allege they were sexually abused as children by priests, deacons, nuns, teachers and others over the past 60 years.

"But I cannot let compassion be the basis for my decision. It must be governed by law," Kelley said.
details at MJS

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Abp. Listecki issues clarification on high numbers of claims

After WTMJ reported that Abp. Listecki was "unfazed" (read: could care less about victims) by the number of accusations, he released a statement to the faithful to clarify what is going on. 
Dear Brothers and Sisters in Christ,

A little over one year ago, the archdiocese filed for Chapter 11 financial reorganization in U.S. Bankruptcy Court. This brief letter is intended to give you some information regarding the progress we have made and assure you of our commitment to candid communication.

The archdiocese’s website, www.archmil.org, is continually updated with the latest news. I encourage you to visit the site if you want more information about the Chapter 11 process or more details about a story you may read or hear in the news media during the year. [slightly humorous, the link in the email did not work, and this letter is not on their website anywhere where I could find it]

We filed for Chapter 11 because we were unable to reach a mediated resolution with victims/survivors involved in lawsuits against the archdiocese. That, combined with a court decision that said insurance companies are not bound to contribute any money to a financial settlement, made it clear that reorganization was the best way to fairly and equitably fulfill our obligations.

Here are a couple of things to remember about what the Archdiocese of Milwaukee wants to accomplish through the Chapter 11 process.

The archdiocese wants to fairly compensate abuse survivors of diocesan priests with claims allowed by the bankruptcy court. [The archdiocese is not responsible for those crimes committed by say Jesuit priests, which I'm sure SNAP is claiming they should] At the same time, we want to ensure that the Church is able to carry on its essential ministries to meet the needs of parishes, parishioners and others who rely upon the Church for assistance. Chapter 11 reorganization is the best way to achieve these goals.

In all likelihood, more than 500 claims will be filed with the court. The claims notification process was purposely designed to solicit all possible claims. We have objected to some of these claims because, under the law, they fall outside of the parameters allowed by the bankruptcy court. As an organization, we have a responsibility to do the legal things necessary under the bankruptcy law to ensure that rightful claimants receive equitable compensation in the Chapter 11 proceeding.

For example, we don’t believe that someone who has already received a previous legal settlement should be eligible for additional compensation under the Chapter 11 process, or that the archdiocese should be responsible for perpetrators who were not priests or employees of the archdiocese.

Any instance of sexual abuse of a minor is a horrible crime and sin. We are committed to outreach and therapy for abuse survivors of our diocesan priests, regardless of whether or not their particular claim is eligible for consideration by the court in the Chapter 11 proceeding.

Because of that, I asked the court to allow the archdiocese to create a therapy fund that would provide resources for therapy and counseling assistance for abuse survivors of diocesan clergy abuse as long as such a need exists. This fund will be launched with an initial contribution of $300,000. The therapy fund will be “evergreen,” meaning that it will be established in a way that allows it to be replenished, so that payments for therapy will continue for as long as abuse victims come forward for such assistance. We are establishing it, not because we are required to, but because our faith calls us to do so.  [Unlike, say, SNAPs motives]

The archdiocese has been forthcoming with information about the abuse scandal. The names of all known diocesan clergy with substantiated allegations are posted on the archdiocesan website, as are many documents and information related to abuse.

My prayer is that 2012 will bring us closer to a final resolution of the Chapter 11 process, with a just and equitable settlement for abuse survivors, and that the Church of southeastern Wisconsin will be renewed in its ministry and energized in its commitment to preach and live the Gospel.

With assurance of prayers and asking God’s blessing upon you and your loved ones, I am,

Sincerely yours in Christ

Most Reverend Jerome E. Listecki
Archbishop of Milwaukee