Tobacco settlement precedent: state attorneys general prosecuting crimes as a group and sharing in the damage.

DAMAGES (to residents and governments)

• Loss of life – directly in tragedy
• Loss of use of limbs, mental capacity
• Loss of health./decreased life expectancy
• Mental distress
• Severe Pollution
• Environmental damage
• Liability for increased health care expenses (Medicaid, NY City and State Pension Plans, Medicare, Social Security Disability, etc.)
• Loss of future earnings
• Direct property damage
• Loss of property value
• Direct monetary damages – costs to repair, rescue, etc.
• Loss of profits/business to owners
• Loss of tax revenue to NY
• Increased mandatory expenditures for security and “homeland defense”
• Loss of privacy, individual rights (USA Patriot Act, e.g.)
• Loss of life of military (in Iraq and Afghanistan)

CRIMES AND OTHER BASES FOR LIABILITY

• Murder/manslaughter
• Assault/menacing
• Terrorism
• Conspiracy
• Criminal solicitation
• Criminal facilitation
• Kidnapping
• Burglary
• Criminal mischief
• Arson
• Larceny
• Offenses involving computers
• Accessorial conduct -- That’s aiding and abetting.
• Forgery
• Offenses involving false written statements
• Insurance fraud
• Bribery
• Official misconduct
• Bribery involving public servants
• Perjury and related offenses
• Enterprise corruption
• Money laundering
• Terrorism
• Bank, insurance, securities and other fraud
• Trespass/damage to property (personal and real)
• Obstruction of justice
• Lying under oath
• Breach of contract (for government contractors)
• Filing a false claim (for government contractors)
• Military crimes
• Acts or omissions based upon duties that arise under government job description
• Liability of principal for agent’s conduct; failure to supervise
• Contract liability – faulty building materials or methods
• Building code violations
• Immigration law violations
• Clean Air Act and other pollution, toxic substance and similar violations

We ask the Attorney General and District Attorneys to investigate the following at a minimum:

• Scientific laws (e.g., the free-fall speed of a building that is collapsing, laws of kinetic energy, melting point of steel, size of a hole made by a projectile)
• Photographic, filmed and recorded accounts
• Physical and scientific evidence (air test results, seismic evidence, e.g.)
• Official records (FAA flight plans, NYSE trading records, NORAD records, FBI directives, e.g.)
• Unofficial records (e.g. flight school records, notes taken at the time of occurrence)
• Legal realities (i.e., statutory duty coupled with strict liability, as in the military)
• Congressional and Keane Committee testimony
• Private testimony (e.g., affidavit, deposition)
• Eyewitness account; formal (sworn, in writing, etc.)
• Eyewitness account, informal
• Book accounts
• Press accounts and other secondary sources

We ask these potential complainants and damaged parties to come forward:

• Residents and workers in the area of the WTC
• Rescue workers
• Property owners

  i. Port Authority

  ii. Transit Authority

  iii. Battery Park City

  iv. NYC school system

  v. City of New York

  vi. Private property owners