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Ivan T. Thornton

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Don't Believe the (BP) Hype!

Posted: 01/19/12 02:39 PM ET

Notice the increase in BP commercials on television lately? You know, the ones that show pristine beaches, people gallivanting in the water, "locals" claiming that all is well in the Gulf following the devastating explosion and oil spill in April of 2010 that released 4.9 million barrels of crude oil and gas into the ocean, killing 11 and injuring 17 others while virtually shutting down the seafood industry in the area? The commercials that show BP employees rattling off a bunch of statistics about the improvements that have been made since the spill? These are the same employees that appear at black tie events exclaiming their company's commitment to communities and the environment. All of this is part of a multimillion ad spend that BP has launched to win back the public's confidence... and the right to continue drilling in the Gulf. While several of the points in the commercials regarding the effectiveness of BP's response to the horrific accident are true, allow for me to provide some balance to their story. Yes, BP has spared no expense in cleaning up the oil. Yes, the company has set aside $1 billion to restore the environment and ecosystem. However, not everyone harmed by this tragic accident has enjoyed the successful resolution the company portrays.

You see, while 30 percent of the fund has been paid out to nearly 200,000 claimants, the vast majority of the money has gone to large corporations serving the tourism industry. These companies can afford expensive accounting firms, lobbyists and lawyers to represent them when seeking compensation from BP. Who is noticeably missing from receiving compensation are many of the individuals that make up the middle class, the working poor, and the small business owners. These are the mom and pop operations, the independent shrimpers and commercial fishermen and the like. These are the people that not only work the water to make a living, but also to feed their families. These are the voiceless people who live and work in the disenfranchised communities down the bayous struggling to make ends meet. These are the people that find it difficult to navigate their way through the myriad of red tape and high hurdles to receive the compensation from the fund they so rightfully deserve. These are the people that cannot afford attorneys to fight on their behalf. These are Cajuns, Creoles, African Americans and Native Americans. Many of the rules and regulations that BP has set forth for individuals to prove that they have been economically harmed by the accident are reminiscent of the old "Poll Tax" methods used to discourage. The vast majority of these people throw their hands up in frustration and despair and ultimately accept "Quick Pay" or nothing at all (Quick Pay is where you sign all your rights away in return for a $5,000 check). I understand that Ken Feinberg has indicated publicly that he expects to return more than half of the $20 billion fund back to BP. Unfortunately, we can already anticipate the sad scenario whereby Wall Street will applaud BP for recouping funds; Mr. Feinberg will be lauded, and the company will go right back to drilling in the Gulf, all while this already vulnerable group of fellow Americans continue to suffer. I borrow a quote from one of President Obama's speeches, "...that is inexcusable, it's wrong, it flies in the face of everything we stand for."

My firm is assisting a community that has been devastated by the Spill -- the Biloxi Chitimacha Confederation of Muskogee Indians. My colleagues and I have witnessed first-hand the challenges these fellow Americans face in trying to obtain a fair settlement from BP. I would like to invite Interior Dept. Chief Ken Salazar -- the person in charge of granting drilling licenses to big oil companies -- the people in those BP commercials who claim they are from these affected areas, and even Ken Feinberg himself to join us at our workshops in the Gulf where we help these fellow Americans complete the sixteen page claims application that comes with one hundred and twenty three pages of calculations and a laundry list of requests for supportive documentation. I'd like to show them how the "little people" are faring in the great success story that BP is pitching. I would recommend that instead of granting organizations like Catholic Charities over $100 million to assist disenfranchised communities, why not provide the funds directly to the affected communities? These funds could be used to create jobs, spur economic growth and provide this region with ancillary services it so badly needs -- job training, healthcare, affordable safe housing, etc. One of President Obama's greatest accomplishments - securing funds from BP without going through a long and protracted litigation battle - is falling short of its intention. BP and the powers that be are not adhering to the president's orders of providing swift and reasonable compensation to injured claimants... at least not to this vulnerable segment of the population.

Ivan Thornton
Managing Partner, Fiduciary Management Group, LLC

 
 
 
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03:45 PM on 02/14/2012
Most of you don't get it. I have filed a small business claim. BP has jerked us around for eleven months now. At last count we have submitted over one thousand pages of documentation including tax returns, monthly profit and lost statements for the past three years and copies of our general ledger. The amount of so called proof they keep asking for is unreal. Most small businesses are busy running their business not collecting this type of accounting detail and BP knows this and is using it to keep from paying. Most small business arn't focused on accounting, they are focused on doing what they must to make a living.
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Zariana
For SCIENCE!!!
06:41 PM on 01/21/2012
I appreciate the fact that the author disclosed he's a lawyer who is negotiating a settlement with BP and will profit financially from the situation.
10:19 AM on 01/23/2012
Point of clarification: I am not an attorney and cannot legally "negotiate" a settlement with BP on behalf of the tribe or any individual for that matter. My firm was asked to assist individuals with paying taxes, budgeting, etc., upon receipt of a lump sum distribution. We are not receiving any compensation whatsoever from the assistance we are providing. Although we are not a not-for-profit organization, we do feel a sense of moral obligation to help a people in need.
01:33 PM on 01/21/2012
I heard early on that one group that was tragically overlooked was the group working for cash who didn't pay any taxes and had no way to document that they had any livelihood for which they should be compensated. Perhaps these are some of the folks this author is describing?
10:22 AM on 01/23/2012
As a tax paying American, I believe everyone should pay their share as well. We are not in the business of helping people skirt their responsibility. With that said, no this is not the folks we are describing.
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xenubarb
Nebulon V
12:27 PM on 01/20/2012
One think I think is extremely important that nobody's addressing; I would like the dispersant banned before they can use it on another spill. Leave the oil floating on the surface, it's easier to clean up.

Disperse it into an emulsion that sinks to the ocean floor, smothering everything that lives there, does not sound like good stewardship. It does, however, get the oil out of sight.

Out of sight, out of mind. Problem solved, as long as nobody is allowed down there to record the devastation.
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xenubarb
Nebulon V
12:20 PM on 01/20/2012
I have seen ads urging me to visit Alabama, Mississippi, Louisiana. They want to assure me that the Gulf is all better now, and they wish to serve me shrimp that undoubtedly tastes of Texas tea.

And then at the end of the ad, oh hey! It's BP, portraying itself as a neighbor and friend of the gulf.
If I'd been eating at the time, BP would've owed me a new burrito to replace the one I'd undoubtedly hurl from the depths of my being at their hypocritical dishonesty.
07:23 PM on 01/20/2012
That makes two of us. As soon as I saw their commercial for the first time, I knew something smelled and it was not the reek from my firefighting gear! I had wondered how long it would take BP to start their spin campaign to delude the rest of this country into thinking everything was all hunky-dory again down in the Gulf.

Well, we're not buying it.
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TAMPA M
Sicilians,of Ybor City
12:15 AM on 01/20/2012
The BP and Chevron commercial is a load of
07:23 PM on 01/20/2012
Tar balls?
08:34 PM on 01/19/2012
I am from Mississippi. I have a number of friends that live and work on the Gulf Coast and they have told me how the BP employees mask the scope of devastation and presented an inaccurate picture of the clean up efforts to government officials.There are more deep water platforms going up and the people are paying the consequences while BP sits pretty.Give 'me hell!
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deweaver
Scientist, businessman, semi-retired
07:21 PM on 01/19/2012
According to you it is the "mom and pop operations, the independent shrimpers and commercial fishermen and the like" who aren't getting what they want from BP because they can't document their income. They can't document it, because they were either cheating on their taxes or didn't earn the income claimed. There were even ones on TV claiming that they didn't pay taxes on cash income.

It reminds me of when Calif. baned gillnets and made buyout payments based upon the fishermen's reported catches. The data was used to determine the state of the fisheries and a small fee was charged on a ton basis. They then claimed that they caught twice as much as they reported and lost in the Supreme Court. The courts should have made their lying lawyers pay for the government lawyers.
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xenubarb
Nebulon V
12:24 PM on 01/20/2012
So everybody was cheating on their taxes and lying. Presumably you have documentation to back this up as a "scientist." LOL...

L. Ron Hubbard said he was a scientist too. He said dumb things as well, so you're in good company.
01:37 PM on 01/21/2012
Well, I, for one, have gotten a chuckle out of the predicament some of these under reporters have gotten themselves into.
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Lady Saera
Love,love,love is the soul of genius, 'Mozart'
05:28 PM on 01/19/2012
Excellent article!! Well, said observations, thanks Mr. Thornton for pointing all of that out, they sure do keep trying don't they, the BP money mill raping the land, oil spilling, destroying pristine beaches, not improving them. Nothing stays static, an if this road BP continues it will only get worse. ...thanks for being a voice for people.
jhNY
Mercy.
03:20 PM on 01/19/2012
You say 'don't'-- but folks will, some despite themselves, just by dint of repetition at all hours. Corporatocracy is peachy, to modernize the Colonel Stoopnagel formulation.