Former billionaire crypto mogul Sam Bankman-Fried sentenced to 25 years for stealing $8 billion from customers of bankrupt FTX
Best views, weather, etc. How to test them 👓 SC, Ala. sites look back Betty Ford honored
Boy Scouts of America

Attorneys say Boy Scouts is trying to limit abuse survivors from coming forward by curbing ads

Cara Kelly
USA TODAY

The Boy Scouts of America filed a motion in bankruptcy court Tuesday to halt advertising by law firms directed at potential survivors of child sexual abuse within Scouts, a move that survivors’ attorneys say is an attempt to limit the number of claims in the bankruptcy proceedings and thus the amount Boy Scouts will have to pay out.

The youth organization filed for Chapter 11 bankruptcy protection in federal court in Delaware in February amid mounting liability from abuse cases, estimating it faced 275 lawsuits in state and federal courts around the country plus another 1,400 potential claims.

But survivors’ attorneys say Boy Scouts grossly underestimated the number of scouts who suffered abuse, which could number in the tens of thousands. And, they say, Tuesday’s motion is an effort to stem the flood of clients who intend to file claims in the bankruptcy.

“All their messaging has been about taking care of abuse victims and trying to right this wrong,” said Andrew Van Arsdale, an attorney with Abused in Scouting, which says they are representing 8,000 survivors. “Then when the time comes to put their money where their mouth is, they’re crying, ‘Oh my god, no, there’s way too many we just can’t have this.’”

In the motion, attorney representing the Boy Scouts organization argued that several law firms, including Abused in Scouting, have engaged in excessive advertising that contains “false and misleading statements.”

More:Boy Scouts files Chapter 11 bankruptcy in the face of thousands of child abuse allegations

More:Boy Scouts says it's safe, and offers sex abuse victims just 80 days to file claim. Victims balk.

The judge overseeing the bankruptcy case has required Boy Scouts to conduct its own awareness campaign to encourage creditors and abuse survivors to come forward and file a claim. The details of that campaign, which is common in bankruptcy proceedings, were debated by Boy Scouts and those representing survivors and other creditors over the course of several weeks this spring.

In May, the parties agreed that Boy Scouts would spend nearly $7 million for an outreach effort that would include mail and email to those who have previously filed complaints, as well as national television and print advertisements. The parties also agreed that the claims would need to be filed by Nov. 16, and the wording for a proof-of-claim form which must be completed by survivors.

Boy Scouts attorneys argued in Tuesday’s motion that allowing law firms to run advertisements at the same time as their awareness campaign – which is set to start Monday – will confuse potential claimants. The organization requested that Judge Laurie Silverstein review the contents of all advertisements before they are allowed to run.

More:Have you experienced sexual abuse while in Boy Scouts? Here's what you need to know about the claims process

“Robust noticing of the claims bar date is essential to ensure that abuse survivors have the opportunity to come forward and receive compensation from a potential trust, but it is imperative that all plaintiffs’ attorney advertisements are accurate,” Boy Scouts said in a statement to USA TODAY. “Much of the plaintiffs’ attorney advertising currently airing ranges from false to misleading, creating a substantial risk of confusing survivors.” 

Pamela Foohey, an associate professor at the Indiana University Maurer School of Law, said in an interview that she’s never seen a similar motion filed in bankruptcy court, which is “essentially an issue of free speech.”

Though there's a long history of advertisements around high-profile bankruptcies and mass torts claims, Foohey says she can't recall another case where creditors asks a judge to stop law firms from advertising to obtain new clients. 

“If I was the bankruptcy judge here, what I’d be thinking about is ‘Do I have any jurisdiction over these law firms to begin with? Can I prescribe what they say, at all?’,” Foohey said.

“As a matter of constitutional law, can I tell them what the content the of their advertising can be? Well, no.” 

Foohey said she was unable to find demonstrably false information after reviewing the advertisements that Boy Scouts argued were misleading.

In its motion, attorneys for the Boy Scouts argue some advertisements imply victims will be able to file claims anonymously. Though information will be kept confidential, it will be shared with the organization and authorized parties within the bankruptcy proceedings. The motion also states that some ads may incorrectly lead viewers to believe they have to have an attorney in order to file a claim.

“The debtors, or Boy Scouts, may say we agreed on a particular way to notify claimants and not to have warring statements on TV, it’s going to be confusing to people and we really want people to come forward,” Foohey said. “But that is not a reason why I think a judge would tell the law firms to stop their advertising.” 

Christopher Hurley, a managing partner with Hurley, McKenna & Mertz, said he believes little will come of a potential hearing on the motion, which Boy Scouts requested to be set this week. Hurley, who said his firm represents 2,000 victims in the bankruptcy case, called the motion another attempt to avoid accountability for the abuse allegations that have plagued the organization for decades.

“I think the Boy Scouts thought they were going to get into this bankruptcy and get out quickly and get about their business. Come to find out there are thousands and thousands of victims that span decades and suffered unspeakably at the hands of child abusers,” Hurley said. “The bill is coming due for their long dereliction of duty and I don’t think they like it and so that’s where we’re at.”

More:I was thrilled to be a Boy Scout, then for months I was sexually abused by my scoutmaster

More:Boy Scouts bankruptcy: What we know about victims, assets and the future of scouting

Featured Weekly Ad