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Genocide Compensation Process Hits Snag With Missing Claims

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  • Genocide Compensation Process Hits Snag With Missing Claims

    GENOCIDE COMPENSATION PROCESS HITS SNAG WITH MISSING CLAIMS

    asbarez
    Thursday, February 2nd, 2012

    Geragos (left) is pictured here with Phil Angelides, Brian Kabateck
    and Vartkes Yeghiayan (far right) BY MARK KELLAM

    LOS ANGELES (Glendale News Press)-After months of legal wrangling,
    a multimillion-dollar legal dispute involving a compensation fund
    for descendants of Armenian Genocide victims has hit another snag:
    more than 1,700 of the 13,500 claims cannot be found.

    In U.S. District Court on Monday, attorney Roman Silberfeld said 1,766
    claims "cannot be accounted for" after 41 boxes of claims were moved
    from the offices of attorneys Mark Geragos and Brian Kabateck to a
    neutral location at the Loyola Law School.

    Silberfeld said he has documentation that the fund's administrator,
    Glendale resident Persagh Kartalian, transferred 51 boxes of insurance
    claims at one point, but Silberfeld isn't sure of their destination.

    It now appears that 10 of the boxes are missing.

    As part of an earlier agreement between the two sides, all claims of
    more than $15,000 will be audited for possible inaccuracies.

    Originally, Silberfeld's client, Glendale-based attorney Vartkes
    Yeghiayan, wanted all of the claims made to a compensation fund set
    up by France-based insurer Axa S.A. checked for discrepancies.

    Silberfeld asked Kabateck to double-check the offices to see if the
    missing claims can be found.

    If they don't turn up, Silberfeld requested that Kartalian be asked
    what he did with the files.

    U.S. District Judge Christina Snyder ordered a deposition with
    Kartalian to answer questions about the administration of the
    compensation fund. The attorneys have already spent about 12 hours
    with Kartalian, questioning him in an informal setting.

    Now a formal deposition will be conducted, which can last up to four
    hours, Snyder said.

    Silberfeld said he can do it in less than the maximum time.

    "We now have some specific questions for him," he said.

    Kartalian has also been ordered to turn over all records, including
    electronic, about the fund.

    "He undertook this obligation and he's going to have to follow it
    through," Snyder said.

    She also agreed with Silberfeld's request for Pacific Western Bank
    to send him images of the backs of checks that have been sent to
    claimants to make sure they have been cashed properly.

    Kabateck decried not knowing about the missing claims or request
    for the images of the backs of checks until about 45 minutes before
    the hearing.

    Geragos, Yeghiayan and Kabateck were on the same legal team that in
    2005 brought a lawsuit that resulted in Axa's compensation fund, which
    was set up to pay claims that it failed to compensate descendants of
    Armenian Genocide victims who bought policies between 1875 and 1923.

    The next hearing on the matter is scheduled for April 2.

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