415.732.7801. A valid form of photo identification includes a drivers license, state identification card, passport, or other government-issued identification. In November of 2020, we had, for humanitarian purposes, begun payments to the most needy. Your Unique ID and PIN can be found at the top right corner of your Payment Election Form. 15.1.1 A Conditional Caution may be appropriate where the decision maker believes that while the public interest requires a prosecution in the first instance the interests of the victim, community or offender are better served by the offender complying with suitable conditions aimed at reparation, rehabilitation, punishment or in the case of a foreign national offender removal from the jurisdiction. Once confirmed UKVI will provide any immigration papers required and will liaise over the appropriate conditions to be offered. Cases routinely dealt with at the Crown court (specified in the Guidelines and set out in Annex A) or likely to be considered for a high level community order or period of imprisonment should generally proceed to court. A Preliminary Payment is an advanced payment that the Trust will issue to Claimants to help address the extreme hardships they are facing as a result of the pandemic and the recent and ongoing wildfires. Nationwide, approximately 18,000 retained firefighters provide efficient, cost effective and reliable fire and rescue cover to around 60% of the UK. CCPs will want to ensure that they have systems in place to be advised of any case in which a conditional caution is set aside. For many Fire Victims, the pro rata payment will not mark the first time they have received compensation from the FVT. 65 0 obj <> endobj 37. We receive the claimants medical expenses, audit and dispute any services unrelated to the claimants injuries, and then negotiate the repayment amount to reduce the claimants repayment obligation. Additional rounds of pro rata payments will follow until the fund is depleted. Clearly, where the decision to authorise a conditional caution an offender is unlawful because it goes beyond the limits set by the statutory provisions or the Director's Guidance, there is no alternative but to set it aside. 11.2 In determining whether a Conditional Caution is appropriate to the circumstances of an offence decision makers must assess the seriousness of the case to ensure that this out-of-court disposal provides an appropriate and proportionate response to the offending behaviour and meets the justice of the case. The Trust will authorize Preliminary Payments of up to 30% of an eligible pro rata determination for one or more individual Claims that the Claims Administrator and Trust Professionals have adjudicated. 13.1 In assessing the seriousness of the offence under consideration and determining whether the case should proceed to court or is suitable for a Conditional Caution the decision maker should also take into account the totality of any current offending and any history of previous convictions and cautions particularly any which are recent or of a similar nature. It is not available for claims preparation firms, accountants and other entities. Except in these circumstances however, the decision to issue a simple caution can normally be taken by the police without reference to the CPS (see the Director's Guidance on Charging and also the Director's Guidance on Conditional Cautions). You will receive a confirmation message once your documents have been uploaded. Identifies and explores the issues around abuse of process. To make good the loss sustained by the victim or community and to repair relationships: e.g. Where such a decision is taken in error, the responsibility for correcting the error rests with the police, not the CPS. Under the direction of the Trustee, the Honorable John K. Trotter (Ret.) 89 0 obj <>/Filter/FlateDecode/ID[<12ADF499CDD0F942B58CBA45BD9CE40A><47960FA75CE20B469EF2827A360C6445>]/Index[65 35]/Info 64 0 R/Length 113/Prev 168626/Root 66 0 R/Size 100/Type/XRef/W[1 3 1]>>stream (2) have timely filed a Proof of Claim (i.e., have filed a Proof of Claim with the Bankruptcy Court by December 31, 2019); The quicker the form is submitted, the quicker you will receive your payment. Any such case considered by the police as suitable for a Conditional Caution must be referred to a prosecutor. info@FireVictimTrust.com Those specific either way offences are set out in Annex A. When deciding whether to authorise the police to administer a conditional caution, a prosecutor must comply with the requirements of sections 22 and 23 of the Criminal Justice Act 2003 ("the Act"), the Director's Guidance on Conditional Cautioning and the Code of Practice for Conditional Cautions . Which Fire Victims need a Representative to act on their behalf, and what does the Representative do? property, according to their individual ownership percentages. In addition to the program statistics below, you can access Trust information using the Information and FAQs menu tabs above. 10.2 In making this assessment, an authorised person may offer a Conditional Caution where; 11.1 Once the evidential test is met, the decision maker must then be satisfied that the public interest can best be served by the offender complying with suitable conditions aimed at reparation; rehabilitation; removal from the UK and ensuring no return for a period; or punishment, taking into account the interests of the victim, the community, and/or needs of the offender. Determination Notices were first issued on 2/15/2021, with the first Initial Pro Rata payments scheduled to be issued beginning 3/15/2021. endstream endobj 42 0 obj <>/Metadata 6 0 R/PageLayout/OneColumn/Pages 39 0 R/StructTreeRoot 10 0 R/Type/Catalog>> endobj 43 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 44 0 obj <>stream 16.7.3 Once a decision is made as to how the non-compliance is to be dealt with, the police with ensure that PNC is updated to record that. The Trust issues Determination Notices daily and issues payments twice a month. The decision to authorise a Conditional Caution in any Indictable Only case must be approved by a Deputy Chief Crown Prosecutor. - to pay compensation, or to make payment to an appropriate local charitable or community fund - to personally repair or make good the damage - to undertake unpaid work not exceeding 20 hours - to write a letter of apology In order to minimise the risk of a renewed prosecution being stayed as an abuse of the process, local arrangements should be put in place to ensure that when a conditional caution is administered, the person being cautioned is informed in writing that the caution may not preclude a subsequent prosecution and that it will not preclude a civil action by an aggrieved party (see Hayter v L [1998] 1 WLR 854; Jones v Whalley, paragraphs 36 and 44). For many Fire Victims, the pro rata payment will not mark the first time they have received compensation from the FVT. The more serious the offence, the less likely a Conditional Caution will be appropriate. North Bay Wildfires (includes 22 major fires), Cathy Yanni appointed Administrator of Wildfire Assistance Program, PG&E and Tort Claimants Committee reached $13.5 billion settlement, Hon. 14.1 The decision to offer a Conditional Caution for an indictable only offence, an either way offence routinely dealt with at the Crown court or likely to attract a high level community order or sentence of imprisonment, may only be taken in exceptional circumstances where the decision maker is able to conclude that the public interest does not require the immediate prosecution of the offender and that if it took place a court would not impose a period of imprisonment or high level community order. The current prosecution should be adjourned whilst this action is taken. That contractual right is called a medical lien. The initial pro rata payment will be 30% of the total approved and accepted claim amount. 6.3 Before considering referring any indictable only offence to a prosecutor, authorised persons must first determine that exceptional circumstances as set out below are present in the case or that the foreign offender conditions are appropriate. Retained Firefighters Retained firefighters are a vital part of today's fire and rescue service. 7.1 Police and prosecutors should ensure that a Conditional Caution is considered in any case for which it is permitted and provides an appropriate outcome for the victim, community and offender. In some cases, we have secured waivers with insurers so that claimants have no repayment obligations. This is because of the repetitive pattern of domestic abuse and the risk experienced by victims. for $100,000 or $1 million, you will receive the same percentage payment as everyone else. In determining what action to take at that stage the decision maker may deem the caution as completed, vary conditions or prosecute for the original offence. The police must consult the UK Border Agency who will confirm the offender's status and that of any dependents and whether the individual can be removed from the UK. In November 2020, the FVT decided to begin providing claimants who had. Currently the maximum amounts that may be specified in a financial penalty condition are: Any offence triable only on indictment 150. Prosecutors should nevertheless be aware of the decision of the Administrative Court in the case of R (on the application of H) v Guildford Youth Court (2008). This creates a multi-step process under which if even one claim is missing information, the Trust must notify the Fire Victim (or their lawyer, if represented) and await supplemental documents before finalizing its review and issuing a Determination Notice. The FVT laid the groundwork for releasing pro rata payments in mid-February when it began sending Claims Determination Notices to Fire Victims whose claims had been fully processed and evaluated. 16.3.1 In any case which is to be referred to a Crown Prosecutor the police will prepare an MG5 report and will attach to it the complainants witness statement and any other evidential material necessary to establish whether the Full Code Test is met. However a record of previous offending should not rule out the possibility of a Conditional Caution especially where there have been no similar offences during the last two years or where it appears that the Conditional Caution is likely to change the pattern of offending behaviour. Consideration can then be given to whether the alleged offender should be prosecuted. The Crown Prosecution Service How do I add an Authorized Representative for a Fire Victim who is a trust or Qualifying Submissions. ngaffney@zumado.com 10.1 Before a Conditional Caution can be considered, there must be sufficient evidence available to provide a realistic prospect of conviction in accordance with the Full Code Test set out in the Code for Crown Prosecutors. Because medical liens are highly case-specific, any Claimant with questions about a remaining lien obligation should have their lawyer contact us at, Finally, let me share updated information on our work for fire survivors. Fire survivors can receive as much as $25,000 in preliminary payments from a trust that distributes funds from the PG&E bankruptcy settlement with victims. We continue to process additional claims as theyre determined by the FVT. In this case, the Administrative Court approved the approach of the Youth Court in staying a case involving the alleged unlawful infliction of grievous bodily harm as an abuse of process, where the 15 year old suspect had been told by the police (prior to CPS involvement) that they would be seeking to deal with the matter by the administering of a conditional caution. 143 0 obj <>stream They will . Any information concerning the personal details of victims and their views must not be included in any information provided to the offender or their legal representative. Because of that, CPS East, Conditional Cautioning: Adults DPP Guidance, Conditional Cautioning: Youths DPP Guidance, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies. This may be recorded on an MG6 or a case review document. The single judge at the Divisional Court is likely to take into account the steps that have been taken to undo the effect of the erroneous decision when deciding whether permission should be granted for the judicial review to be heard. 39. - Our work to resolve liens must be done efficiently, quickly, and accurately. 0 This includes any case where authorised persons ordinarily make that decision. - There can be delays with the insurer where the agency has yet to produce the itemized expenses or approve audit results. The devastating impact of hate crimes on, not only the individual, but also on communities and wider society demands a robust response and the opportunity to apply for a sentence uplift to send the clear message that those who target people because of their race, religion, sexual orientation, transgender identity or disability should expect to receive a higher sentence. As of Wednesday, the Trust has paid 1,600 claimants (or about 2% of the total claimants) a total of $21,735,500. endstream endobj startxref This amount will be included in the overall calculations to determine if the taxpayer has a gain on the casualty. The report should set out the proposed conditions to be included and confirm that the offender is willing to admit the offence and be cautioned. The Divisional Court has made it clear in R (on the application of Guest) v DPP 2009 that, as with a simple caution the decision to administer a conditional caution may be judicially reviewed. SAN FRANCISCO-- ( BUSINESS WIRE )--Justice John K. Trotter (Ret. Most healthcare insurers have a contractual right to recover for the costs of treatment and care from awards made by settlement trusts such as the FVT. Those payments (Preliminary Payments) are an advance on Claimants' ultimate pro rata payments. London, SW1H 9EA. They paid $150,000 in attorney fees to get the condemnation award. Fire Victims may accept this initial determination or may request additional review and submit supplemental claim materials as part of the Reconsideration and Appeals processes. 16.8.1 Once a Conditional Caution has been authorised in any case, the MG5 (or any other record of the decision), the Inspectors finding as to any exceptional circumstances, the Authority to give a Conditional Caution and confirmed MG14 will be retained by the police pending completion of the conditions. In the event of a prosecution for non-compliance the police will only be requested to provide witness statements following a not guilty plea and case management hearing where the issues in dispute in the case have been identified. Fire Victim Trust Claims Data as of April 30, 2021 Basic Data Number of Claims Questionnaires submitted 39,889 . +qD,Jadnk HR)oz8g3*_&.JF`55]bpxz~@F[Lw6_=MV Rms Otherwise a Conditional Caution may be considered in any case in the circumstances set out below. We are the discount service for the emergency services, NHS, social care sector and armed forces, providing our members with thousands of amazing discounts online and on the high street. The specific chapters of legal guidance on Racist and Religious Hate Crime, Homophobic, Biphobic and Transphobic Hate Crime, and Disability Hate Crimeand other Crimes against Disabled People may be helpful when considering whether this is an exceptional case. Further guidance is provided below on how that may be assessed. We assess all liens/claims and validate recovery rights and audit all claims to ensure only reasonable injury-related expenses are repaid to the insurers. and the Claims Administrator Cathy Yanni, the Fire Victim Trust provides an efficient and equitable process to compensate Fire Victims for both economic and non-economic damages caused by these fires, including destruction or damage to real estate and personal property, additional living expenses, lost wages, business losses, emotional distress, personal injury and death. This does not, however, prevent foreign offender conditions from being offered where the asylum or human rights claim has been refused (and any appeal against that refusal has been finally determined), where the relevant foreign offender voluntarily withdraws the claim, or where the relevant foreign offender's grant of asylum has been revoked or not renewed by virtue of paragraph 339A of the Immigration Rules. 13 . Preliminary Payments were first issued on 11/24/2020 and continue to go out to claimants on a rolling basis. Any indictable-only case considered by the police as suitable for a Conditional Caution must be referred to a prosecutor. The percentage of CQs with accepted Determination Notice now has crossed the 83% mark. The process starts by working with Medicare, Medi-Cal, and private health insurers to determine whether a claimant with an eligible personal injury or emotional distress claim was a beneficiary of the insurers. 8.1 Wherever possible, the decision to administer a Conditional Caution should be made as early as possible and while the offender is still in custody. Distributing a portion of the bankruptcy settlement funds before claims could be fully evaluated was an unprecedented move, but a necessary one given the extreme hardship facing many individuals whose losses from the wildfires have been compounded by the Covid-19 pandemic and by the 2020 wildfires in Northern California. Edelson encourages victims to submit their forms as soon as possible. Your council will look at your circumstances to see whether you are eligible for a DHP. Complete Preliminary Payment Election Form. 102 Petty France, and Claims Administrator Cathy Yanni. To be eligible for a Preliminary Payment from the Trust, a Claimant must: If the decision to authorise a conditional caution has been taken in error because, for example, the offence is excluded because it is a Hate Crime or domestic violence offence for which a conditional caution may not be offered in accordance with the Director's Guidance or because the decision is clearly unreasonable in all the circumstances, the decision should be set aside. ), Trustee of the PG&E Fire Victim Trust, announced today that the Trust will be increasing the distribution payout to all of. When the Fire Victim Trust first started distributing funds, we made initial hardship Preliminary Payments and then followed those with . John Trotter, trustee of the Fire Victim Trust PG&E still owes the trust $700 million, which isn't due to be paid until next year. Read the press releasehere. In a bankruptcy settlement, claimants may not ultimately receive the full value of their claims, but they must all receive the same proportionate pro rata value. Payment, the Trust will allocate the Preliminary Payment among all co-owners of the %%EOF The authorised person or prosecutor must record the reasons for reaching this conclusion in any case. (c) Offsets for fire and casualty insurance policy limits, FEMA payments, and Wildfire Assistance Program payments. whether any subsequent prosecution in such circumstances would amount to an abuse of process. This guidance assists our prosecutors when they are making decisions about cases. To make good the loss sustained by the victim or community and to repair relationships: e.g. 15.2.3 The purpose of the Conditional Caution will be to bring about the departure of the offender from the UK and to ensure that return does not occur for a specified period of time. Internet Explorer presents a security risk. My goal from day one has been to put money into the pockets of wildfire survivors as quickly as possible, while ensuring we follow the letter of the law and treat every single claimant fairly and with compassion, said Justice Trotter. Claimants (or their lawyers, if represented) can access their confidential claims information, notices, and other program materials by logging into their secure Portal account here. On April 13, 2023,the Trust announced the sale of 60 million additional shares of PG&E stock. We will continue working with firms and. government's services and If it proves then not to be possible to administer the caution an alternative out of court disposal may not be offered and the prosecution must continue. Because medical liens are highly case-specific, any Claimant with questions about a remaining lien obligation should have their lawyer contact us at LRA@firevictimtrust.com to discuss the details of their case. However there may be indictable only cases involving a foreign offender where a prosecutor considers that exceptional circumstances exist permitting the offer of a Conditional Caution including a condition preventing return for a period of 10 years instead. 12.1 An assessment of the seriousness of the offence is the starting point for considering whether a Conditional Caution may be appropriate. 15.1.2 It must be determined that a Conditional Caution is likely to be effective and should be offered. You are not required to provide any supporting documents to receive a Preliminary Payment; however, the Trust will evaluate supporting documents that you submit with your Claims Questionnaire to estimate the probable final value of your claim(s) to determine whether you are eligible for a Preliminary Payment. Note, however, that in a case in which the evidential and public interest tests are otherwise met, it will be in only the most exceptional case, where the Prosecutor can say with a high degree of certainty that a court will rule that a prosecution is proved to be an abuse of its process, that a decision not to prosecute is likely to be valid (per Sweeny J. in Guest, paragraph 58). We speak to claimants every day and know how hard this has been for everyone. Rather, to be considered for a Preliminary Payment, you must have signed under penalty of perjury and submitted a Claims Questionnaire. Nick Gaffney Read the press release here. There are eight categories of claims types. The FVT's mission is to provide "an efficient and equitable process to review and compensate Fire Victims for both economic and non-economic damages caused by these fires, including destruction or damage to real estate and personal property, additional living expenses, lost wages, business losses, personal injury or death, related medical In November 2020, the FVT decided to begin providing claimants who had submitted the required Claims Questionnaires with preliminary payments of up to $25,000. Because the Trust is a limited fund and bankruptcy laws, court order, and the Trust Documents require that eligible Fire Victims each receive an equal proportion of their awards, Fire Victims receive payments in pro rata installments commensurate with the total cash funding currently available to the Trust. If you receive a Preliminary Payment, it will be credited against and offset from the value of your Approved Claim(s). The decision maker must record (on an MG6) the reason for concluding that exceptional circumstances are met in the case. The offender may be required to: 15.2.4 Priority should be given to conditions to facilitate the early removal of the offender from the UK; however any other rehabilitative, reparative, or punitive conditions appropriate to the circumstances of the case may also be included provided the circumstances of the offender and any detention under immigration powers permit completion. not to approach a named victim, or specified property, or geographical location or specified event or a curfew. - not to commit further offences for a defined period of time, - to attend a referral programme specifically related to the nature of the offending behaviour. Yes. Yes. Section V of the Fire Victim Claims Resolution Procedures requires that Claimants provide the Trust with sufficient information to verify their identity. 17.1 This Guidance will come into effect in England and Wales on 8th April 2013. Im pleased that the Trust is able to start making substantial pro rata payments in what has been a relatively short period of time by any bankruptcy settlement standard. pro rata. The total value of the holdings of the trust are probably give or take $10 billion. information online. Claimants with Submitted Claims Questionnaires (CQs), ,the Trust announced the sale of 60 million additional shares of PG&E stock. (Washington, D.C.) - Today, Congressman Doug LaMalfa (CA-01) and Congressman Mike Thompson (CA-05) received a response letter to their January 21, 2022 inquiry and June 8, 2022 follow-up asking the IRS to issue guidance on the taxability of settlement funds received from the Fire Victim Trust (FVT). Preliminary Payment determinations are not appealable. 3.1 Generally offences involving domestic abuse or hate crime will not be suitable for Conditional Caution. PALERMO, Calif. Survivors of the 2018 Camp Fire are still waiting for payments from the Fire Victim Trust (FVT) over two years after promises of being made whole through financial. 16.6.1 Once satisfied that the Conditional Caution and the proposed conditions are an appropriate and proportionate response to the offending behaviour, the decision maker will complete the Authority to Give a Conditional Caution which will be retained with the MG5 or case review document. in Claims Questionnaires 248,376 Preliminary Payment Data Total amount paid in Preliminary Payments $122.6 million Number of Claimants who have received Preliminary Payments 9,532 Pro Rata Payment Data Total amount paid in Pro Rata . We will continue working with firms and pro se claimants to increase notice acceptances. This may be done by completion of an MG5 or a case review document. 16.5.2 As any refusal to be conditionally cautioned or failure to complete conditions may lead to subsequent prosecution authorised persons should ensure that details of the evidential basis for the decision are recorded including sufficient witnesses details to enable an appropriate file to be provided to the prosecutor. So, $500,000 - $150,000 = $350,000 that is considered the amount realized from the condemnation. endstream endobj 110 0 obj <. The FVT Trustee appointed the firm in September of 2020 to design and oversee the Trusts healthcare compliance program and assist in identifying and discharging healthcare reimbursements. You must (i) provide your Taxpayer Identification Number (TIN) (e.g., a Social Security Number), (ii) provide a valid form of photo identification, and (iii) sign the Payment Election Form where indicated.